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So we can ban the right of American citizens to exercise a Constitutional right just because it's too difficult for a gun dealer to manage the myriad of laws currently?

Here's a simple scenario that anybody should be able to accept as a reason to shoot the current system down:

Somebody from Alaska goes to North Dakota oil fields to work a 6 month construction gig. While there, a psycho co-worker starts harassing him and threatening his life. Is it Constitutional to refuse to allow him to buy a handgun for self defense unless he flies back to Alaska to get it from an FFL in his state of residency?

Should the laws for Alaska even apply? What if he's going to purchase the handgun in North Dakota and then sell it before he leaves?

Similarly, a cousin of mine left California in a motorhome to travel the US. Why is it illegal to allow him to purchase a firearm that is legal in every state he is going to pass through simply because his state of residency is California? He can easily sell it before going back into California (real scenario here which was only able to done via a "truck stop sale" - making him a felon if he'd been caught).

The current system is far too restrictive and creates problems on far too many fronts to be legitimate. It has to be redone.


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Originally Posted by WiFowler
It's a double-edge sword, that would ultimately land the responsibility of the seller (FFL or not) to know the firearms laws of any or all the states. As rapidly as gun laws are changing, whether it be banned/prohibited guns, or magazines, or magazine capacities, keeping up with said changes would be a nightmare for the seller (FFL holders in particular), and could put them in an unenviable position.
A good argument for finding all such laws unconstitutional, and thus nullified.

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Originally Posted by ironbender
Originally Posted by Scott F
Quote
Founded in 1971 in Bellevue, Wash., the CCRKBA claims more than 615,000 members.


Cannot be right. Must be a made up story. Washington is a blue state and only flaming liberal pukes live there. It always ranks low in lists of gun friendly states.

Formed 43 years ago. Was WA blue then? wink


Nothing good can come out of any blue state. Only fools and idiots would live in a blue state I read it here many times. CCRKBA and SAF are or at least were run out of the same building. Nothing good can come out of this just like nothing good came out of Heller and McDonald, both fought by SAF. There has to be a liberal plot behind it somewhere.


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Anyone who thinks this has any chance of passing during the current administration needs to come look at this bridge I have for sale in Brooklyn. eek


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Originally Posted by WiFowler
It's a double-edge sword, that would ultimately land the responsibility of the seller (FFL or not) to know the firearms laws of any or all the states. As rapidly as gun laws are changing, whether it be banned/prohibited guns, or magazines, or magazine capacities, keeping up with said changes would be a nightmare for the seller (FFL holders in particular), and could put them in an unenviable position.


I would think one would only need to follow the laws of ones own state, whether buying or selling.
Ultimately I would think it is the buyers responsibility to know and follow the law which is what private sales of firearms is now.

Quote
To whom may an unlicensed person transfer firearms under the GCA?



A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector

http://www.atf.gov/content/Firearms/firearms-industry/FAQ-firearms

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Originally Posted by jnyork
Anyone who thinks this has any chance of passing during the current administration needs to come look at this bridge I have for sale in Brooklyn. eek


It's a court case, not a congressional bill. So.. depends on the lawyers. Hopefully Gura will get involved.


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Originally Posted by jnyork
Anyone who thinks this has any chance of passing during the current administration needs to come look at this bridge I have for sale in Brooklyn. eek
It's a court matter, not legislative.

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Originally Posted by Calhoun
Originally Posted by jnyork
Anyone who thinks this has any chance of passing during the current administration needs to come look at this bridge I have for sale in Brooklyn. eek


It's a court case, not a congressional bill. So.. depends on the lawyers. Hopefully Gura will get involved.
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Originally Posted by Calhoun
Originally Posted by GunGeek
Originally Posted by Calhoun
I would think Heller stating that the right to own handguns cannot be barred should have an impact on this. At the time of the interstate ban, most politicians thought it perfectly appropriate to be able to ban handguns from any state or city that wanted them banned.

So while Congress has the right to regulate interstate commerce, can they totally ban the interstate sale of an item which is constitutionally allowed to be owned by all citizens? Can't see where that falls into any level of scrutiny considering the existence of the instant background check.
Technically it's not "banned". I can (and often do) buy a handgun in another state, but the provision is that it goes through a dealer in my state, which is how they ensure compliance with state laws. So that's the detail they need to work out, how to ensure that if a handgun is bought in one state, the purchase is in compliance with the laws of the state where the purchaser lives.


Okay, technically not banned. But the level of effort is far above what an average person can manage. How many non-gun folks know a local gun shop that will do gun transfers? The major chains won't do gun transfers, so just knowing there's a Cabela's or Bass Pro down the road is no help.

Also a fact that should be argued is that a person's constitutional rights don't end at their state border. If I'm working in another state, or staying with a friend or even on vacation - I should NOT be barred the right to buy a handgun for self defense just because I can't get to my home state to accept it from a FFL.
Oh I agree, just pointing out what I see as the barrier.

If that group can work out a viable way to ensure that the state laws are followed, then I think their case is a shoe in.

Simply crying it's a violation of my second Amendment rights just isn't enough.

My PERSONAL feeling on the matter...If I'm legal to buy a gun, I ought to be able to buy one anywhere, and the responsibility ought to be MINE for following the law.

But unfortunately the court won't be asking for my personal feelings on the matter.

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Originally Posted by jnyork
Anyone who thinks this has any chance of passing during the current administration needs to come look at this bridge I have for sale in Brooklyn. eek
It depends on who hears the case, the administration may or may not have any say in the matter.

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So why didn't the Founding Fathers and the George Washington administration set up the ATF and the myriad "gun laws" that we have to contend with now?? Why didn't they pass a Lautenberg-styled amendment that prohibited convicted domestic-abusers (was there such a thing back then?) from owning firearms?? Why weren't new firearm sales cleared with Ye Olde Database-on-Parchment???

The only "law" concerning buying firearms back then was 'bring enough cash'. That works for me and I ignore all the modern BS (at my own peril, for the naysayers on here!).


"To compel a man to furnish funds for the propagation of ideas he disbelieves and abhors is sinful and tyrannical." -- Thomas Jefferson

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Originally Posted by gonehuntin
So why didn't the Founding Fathers and the George Washington administration set up the ATF and the myriad "gun laws" that we have to contend with now?? Why didn't they pass a Lautenberg-styled amendment that prohibited convicted domestic-abusers (was there such a thing back then?) from owning firearms?? Why weren't new firearm sales cleared with Ye Olde Database-on-Parchment???

The only "law" concerning buying firearms back then was 'bring enough cash'. That works for me and I ignore all the modern BS (at my own peril, for the naysayers on here!).
Well we don't live in that world, so we have to fight to get our rights back.

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