When I first started looking to buy gun, (very) shortly after I arrived here in the md-1980s, I was astounded to learn that while I could buy any long gun from an out-of-state Merchant Of Death, I could not buy a handgun in such fashion.
It made no sense to me back then, and it has never done so since, especially as the stupid NCIS-check thing (which has to be carried out before even buying a gun from an FFL in your home state) seems to make the whole issue a moot point.
Well then, lookee here:
The Firearms Policy Coalition (FPC) is taking on the federal ban on interstate handgun sales in their latest lawsuit. The filing is titled Elite Precision Customs v. ATF. Industry notables Tim Herron and Freddie Blish are plaintiffs alongside the FPC and Elite Precision, which is an FFL based out of Mansfield, Texas.
The federal ban makes it illegal for Herron or Blish, both of whom travel quite a bit for work, to purchase a handgun directly from Elite Precision Customs when they’re in Texas. Under current law, a handgun has to be shipped to a FFL in the buyer’s home state where the background check will be completed. If the ban can be successfully challenged, it would make it possible for people to purchase handguns directly from brick-and-mortar FFLs while visiting states in which they don’t reside.
Well, I don’t agree with the whole NCIS check thing at all anyway, but I would love to swing by a mom ‘n pop pawn shop or gun store in my travels, and pick up a handgun which caught my fancy. (I actually stumbled on one such situation somewhere in Arizona, many years ago; it was a peach of a 3rd Generation Colt Peacemaker, and the price was about three-quarters of what I’d expect to pay in Texas. But noooo…)
Strikes me that if a federal law states that I need to have my ass checked before buying a gun anywhere, that a handgun should be treated no differently from, say, a shotgun.
But that would mean applying logic to Gummint — and that right there is a non-starter. Silly me.
I must have missed the part of the constitution that said “The right of the people to only purchase and bear arms in their state of residence”
This stupid rule also violates interstate commerce
Imagine if this rule applies to vehicles. The rule would get changed real quick.
Time to change this fuckery.
> This stupid rule also violates interstate commerce
Congress gets to “regulate” interstate commerce. That doesn’t (by my understanding) mean they get to prohibit it, but apparently the SCOTUS disagrees.
our rights shouldn’t stop at state lines. I can assemble with anyone I want in any state per the first amendment. The first amendment as well as the 13th, 14th and 15th amendments do not have geographic limitations so the Second shouldn’t have any restrictions either
Agreed. The liberals seem to think so though
I also missed the part of the constitution “right to bear arms unless some unknown person says you are a danger then the govt will confiscate your shit and you have to prove you are Innocent later” and another part I missed “right to bear arms except in made up gun free zones like indoctrination centers, government buildings etc”.
State lines, red flag laws, and gun free zones are all unconstitutional as fuck.
So are magazine restrictions and made up “assault” weapons.
Hope the Supreme Court takes up a few of these issues during the next 4 years and starts to clean up this fucking mess.
Have to add, for those liberals pointing out private property owners can kick out gun owners.
First I’m not sure. It wouldn’t be legal to say whites only on private property and the supremes said that a private bakery had to make a cake for a fag wedding. Yet so far courts have held that private property owners can say no guns.
That being said – fuck those type of idiots. If they get robbed, ass raped or beaten I hope no one helps them
My property – any Law abiding citizen I invite to my property, be it family, friends, plumber, furnace tech whatever, bring your gun or guns. If shit hits the fan at least I’ll know I have some help
Public property gun free zones are unconstitutional as fuck. Period.
If you are open to the public then I believe that the business or property owner should not be able to restrict customers from carrying arms etc. Or on the other hand, go all or nothing. Allow business owners and property owners to ban anyone for any reason because the first amendment protects voluntary assembly. Once word gets out that certain businesses bans particular demographic groups, those businesses will be closed quickly
Actually, Kim, you can buy from a seller out of state. It will simply have to be shipped to a FFL in your home state to do the transfer.
Prolog
A risk of explaining things you don’t agree with is that some dimwit will shout something that can’t be distinguished from “understanding & explaining things you don’t agree with is the same as agreeing with them!”
To which I can only reply in contemptibly raised eyebrow. Please don’t make me raise the eyebrow.
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For background context, a couple of points.
First, somewhere in the legislative history of the ability to buy long guns across state lines was “adjoining states” language. The rationale was that in some particularly rural states, the nearest gunshop was across a state line. Eventually, the adjoining states language went away. I’m uncertain if that was by bureaucratic fiat (unlikely), legislative action, or judicial action. If I had to bet, I’d lay money on judicial action, citing equal protection of laws. Why should someone in N Dakota be able to buy a rifle in S Dakota, but not Texas?
Next, until we get to the era of “assault weapons”, States were pretty much interchangeable when it came to long gun regulations. As a general rule, they were lightly regulated and almost never registered. They were wildly NOT interchangeable when it came to handguns, which was all over the map. In some jurisdictions they were heavily regulated and registered with anality. There was pretty clearly a motive to prevent people crossing state lines to make purchases that were not lawful in their state, and avoid registration requirements. As a result, fedlaw stipulated that any consumer purchase from an out of state person would involve full compliance with all three bodies of law: the state in which the transaction takes place, the state of the purchaser’s residence, and of course, the Federales.
So, real world example: As a former resident of the Dark & Fascist State of NJ, I was able to cross lines to PA, and purchase what at the time was an NJ legal evil black rifle from a PA FFL. (at a gunshow!) He duly performed all the Federally mandated NICS & paperwork, the PA paperwork, (none, IIRC) and the NJ FID check and paperwork. FUN FACT, which I learned from talking to the FFL: NJ law required him to keep certain papers that effectivly amounted to a contingency registration in his books, which he did. HOWEVER, the advantage that accrued to me was that since it was NJ’s papers, neither PA nor Feds had jurisdiction to view them. ALSO, because they exist…to this day… in PA, NJ has no jurisdiction to demand he produce them either. Thus, I was able to lawfully obtain a rifle that NJ to this day has no knowledge of. (And since I fled that pustulent place over 20 years ago, they never will.)
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Having said all that, it’s time to clean the Augean stables of American gunlaw. We certainly don’t need 20,000. And Redcoats who keep screeching “Gun Safety!” are only fooling the chumps. The whole lot of them can stuff it.
I can buy a Bible, Koran, the Bhagavad Gita, Tao Te Ching, the Zhuangzi, and the Daozang etc across state lines without a problem. My fifth amendment rights don’t disappear one I leave my home state either. the same should hold true for firearms.
I really don’t have a problem with NICS, as at the federal level there is no fee for it, it almost always is nearly instant (at least in my experience) and (this is the biggest problem) the FBI deletes/destroys the data in short order.
It’s not really an intrusion on our rights if those three things are true. Felons, and those adjudicated mentally incompetent have no constitutional right to firearms, and there is a narrow and compelling “state interest” in preventing them from acquiring firearms.
Now, the last of those three things is the rub. Under Clinton the FBI was not destroying the data as per the law. Bush ordered him to. I suspect that under Obama the FBI once again stopped deleting the data. I don’t know what Trump did (and in the run up to the 2016 election he was very luke warm on 2nd amendment rights, so I doubt with all the other things going on that he checked, or that the FBI would have done what he ordered).
So yeah, I don’t care about NICS as long as the FBI is following the law.
WHO is a prohibited person is a completely different discussion.
And as an aside, I couldn’t think of any place to put the nukes. I figured it out this morning: https://www.google.com/maps/place/Davos,+Switzerland/@46.7648405,9.6532914,36819m/data=!3m2!1e3!4b1!4m6!3m5!1s0x4784a110df64a59d:0xd0330689df2d96d8!8m2!3d46.8027453!4d9.8359701!16zL20vMHBiZ2s?entry=ttu&g_ep=EgoyMDI1MDEyMi4wIKXMDSoASAFQAw%3D%3D
But only during one week a year.