Skip to main content

View Diary: Not so fast, gov'nur, you'll have to leave those with me (68 comments)

Comment Preferences

  •  "Transfer" refers to any transfer (0+ / 0-)

    Even someone handing the prohibited person a firearm.

    We often think of the federal prohibitions as applying to sales, but the fact is that the Gun Control Act of 1968 created a class of persons that were prohibited from possessing a firearm at all, even temporarily. The sales restriction was simply part of that law.

    The law does not require seizure of a person's firearms: the person is free to admire them from a distance all day long.

    One thing that should be noted: if, by some miracle Perry was tried and convicted, it's not the end. Texas law automatically restores all a person's civil rights upon completion of the entire sentence, including probation. This means Perry could receive a short sentence (more than a year; less than two years) and have all his rights, and possibly even his concealed handgun license, back.

    However, since the federal law does not automatically restore all rights, Perry still would be unable to purchase a gun from a licensed dealer. He could purchase a firearm in a private sale and it would be a legal transfer because state law rules in this instance.

    I am not sure whether the difference in treatment has really been pursued. I don't recall seeing a case come before the Supreme Court where it would be an issue of state's rights vs. the federal government and the feds would be on very shaky ground.

    •  Is 18 USC 922(n) part of the 1968 gun control act? (0+ / 0-)

      I'm not familiar with either of these, I merely read as much of 18 USC 922 as I could get through (b/c that was referenced in this diary), and didn't see any possession prohibitions.  Also, I suspect that "transfer" means transfer of ownership/possession, not merely handing someone a gun, for purposes of 18 USC 922.  I'm not an expert, but it just looks like it deals with firearms sales, not gun "enthusiasts" admiring each other's guns and drinking beer.

      Obviously, if you have more knowledge about how the law is applied, I'll defer to you.  I merely read the referenced statute.

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site