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View Diary: Alabama wingnut who called for throwing bricks at Dem offices now pulls gun magazine stunt (43 comments)

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  •  It might be Federal (12+ / 0-)

    If it involved the mail.

    "If this Studebaker had anymore Atomic Space-Age Style, you'd have to be an astronaut with a geiger counter!"

    by Stude Dude on Fri Dec 27, 2013 at 10:21:08 AM PST

    [ Parent ]

    •  If it involves the mail, it likely is federal. (7+ / 0-)

      Strength and dignity are her clothing, she rejoices at the days to come; She opens her mouth with wisdom, and the law of kindness is on her tongue.

      by loggersbrat on Fri Dec 27, 2013 at 12:36:04 PM PST

      [ Parent ]

      •  But there's no federal law (0+ / 0-)

        No federal law that I know of that prohibits such magazines. So, without a federal law broken, there (shouldn't) be a federal arrest.

        It's purely a state law.

        Colorado's jurisdiction ends at the state border, just like bloomberg's NYPD jurisdiction ends at the border of new york. Whether they will respect the law is up in the air, just like how bloomberg sent his NYPD Stop and Frisk goons on stakeouts into brunswick NJ and into many other states to gun shows.

        From the standpoint of something being legal in A but not legal in location B, this guy's action exactly corresponds to two same-sex people being legally married in Mass and taking their marriage to a place that declares it to be illegal.

        Or if you prefer an older and fully documented ruling to compare, there is one. Loving Vs Virginia, where the black/white couple got married where it was legal in washington dc, and then continued to be married in virginia where it was illegal. It went to the supreme court, and the SCOTUS knocked down the law that restricted the rights of people.

        I'm just saying, there is landmark LIBERAL precedent that would put the "True Dems" of colorado in a lose-lose situation. If someone wielded the logic of the Loving case against the magazine capacity ban, they could fight against Loving and thus strengthen discrimination based on superficial characteristics, or they could give up the ban that they fought to put in place and caused the recall of two of their own and the resignation of a third. Lose/Lose.

        And this guy who did the mailing took the first step on that path, by replicating the "Legal here not legal there" disparity that lies at the core of both scenarios.

        •  Magazines aren't persons. (0+ / 0-)

          They have no rights.  Your argument is specious.  This person may not have been violating any laws, but your comparisons to same-sex marriage and inter-racial marriage make no sense in this context.   Conflating the two is dubious at best.

          "Goodnight, thank you, and may your God go with you"

          by TheFern on Sat Dec 28, 2013 at 11:35:21 AM PST

          [ Parent ]

    •  US Postal Service (6+ / 0-)

      flatly prohibits sending ammunition through the mail:

      341.21 Nonmailable Explosives

      Nonmailable explosives found in the mailstream must be immediately reported in accordance with POM 139.117.

      Nonmailable explosives include, but are not limited to, the following:....

      ...e) Small Arms Ammunition. Ammunition is classified as a Division 1.1, 1.2, 1.3, or 1.4 explosive, depending on the degree of hazard. Ammunition that is regulated as a Class 1 explosive and designed to be fired from a pistol, revolver, rifle, or shotgun, as well as associated primers and blank cartridges (including those designed for tools) and propellant powder for use in any firearm, is prohibited from mailing.

      On the Smith & Wesson Forums everyone knows this and tells each other to send ammo via FedEx or UPS. Yet even to do this you must pay for, in addition to the usual charges, a $20 or $25 "hazardous material" stamp with these shippers.

      If this yo-yo used the US mails for this stunt (I'm assuming he sent actual ammunition and not just the empty magazines) he's on the hook for federal charges, fines STARTING at $10,000 per mailing and felony jail time (over 1 year for each offense).

      If he's blogging, living/mooching/47%-ing off government disability payments either one of these paths for sending the magazines could be amazingly expensive for him.


      "God has given wine to gladden the hearts of people." Psalm 104:15

      by WineRev on Fri Dec 27, 2013 at 12:54:26 PM PST

      [ Parent ]

      •  Do you even know,what you're commenting about? (1+ / 0-)
        Recommended by:
        Stude Dude

        Do you have any idea about what you are commenting about?  Do you know the difference between a magazine and ammo?

        •  Ammo: stuff that goes "bang" (2+ / 0-)
          Recommended by:
          irishwitch, Stude Dude

          Magazine: A metal or plastic sleeve that holds ammo (that goes "bang")

          Empty magazine: Perfectly legal to send through the US mail since it does not contain any ammo (that goes "bang").
          We do not know from what the diarist wrote if the Alabama idiot sent one of these to the governors in question or a NOT-EMPTY magazine. (See next.)

          Not-empty magazine: (a magazine, which is a metal or plastic sleeve that holds ammo (that goes "bang"),

          if it has one or more pieces of ammo in it (which consists of a lead bullet, several grains of gunpowder, all contained in a metal cylinder with the bullet at one end)

          would constitute sending ammo through the US mail, which would be a violation of Postal Code 341.21.
          If the Alabama idiot referenced by the diarist sent this via the US mail he would be in trouble.

          Now, do I have any idea of what I'm commenting about?  
               Or should we start talking about paper cartridges, Minie balls, the Sharps Repeater, the Spencer Carbine and Rifle, "load on Sunday and shoot it all week", the Trapdoor, Colt's Peacemaker, Winchester, Remington, Gatling, smokeless powder and then move into the 20th century.....?


          "God has given wine to gladden the hearts of people." Psalm 104:15

          by WineRev on Fri Dec 27, 2013 at 03:32:10 PM PST

          [ Parent ]

      •  Probably just an empty magazine (4+ / 0-)

        In the case of MD, it was completely legal to send and illegal to receive/transfer in MD.

        This particular right wing nut needs a new hobby.  

        I'm a 4 Freedoms Democrat.

        by DavidMS on Fri Dec 27, 2013 at 02:26:48 PM PST

        [ Parent ]

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