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In this diary we consider one of the permanent provisions of the Brady Act in a seasonal context – guns given as Christmas presents to someone who lives in another state.

Blindfolded Lady Justice
Justice is blindfolded, but when giving someone a gun for Christmas we can't afford to give blindly.
To legally send a gun across state lines, even if it is a gift, you must go through a federally licensed firearms dealer in the recipient's home state.  The dealer will perform a check of the National Instant Background Check system to see if the recipient can legally own the gifted gun.

New readers of the Daily Kos Firearm Law and Policy group blog may want to begin with What the heck is a background check anyway? That diary includes an introduction to US Criminal Code, Title 18 U.S.C. § 922(g). A failed background check was a key part of the back story in TRPChicago's diary on the Schrader v. Holder case, SCOTUS Declines to Hear Navy Vet's Gun Rights Appeal. In this diary we discuss a practical application of the law, giving a gun as a gift to someone who lives in another state.

This is an Open Thread.

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The Daily Kos Firearms Law and Policy group studies actions for reducing firearm deaths and injuries in a manner that is consistent with the current Supreme Court interpretation of the Second Amendment. If you would like to write about firearms law or policy please send us a Kosmail.

To see our list of original and republished diaries, go to the Firearms Law and Policy diary list. Click on the ♥ or the word "Follow" next to our group name to add our posts to your stream, and use the link next to the heart to send a message to the group if you have a question or would like to join.

We have adopted Wee Mama's and akadjian's guidance on communicating.  But most important, be kind, for everyone you meet is fighting a hard battle.

In recent years gun manufacturers have marketed guns to their customers using the same marketing techniques used to drive year-end sales of other specialty consumer products. But guns are unique. You can't simply buy a gun in any store or online and have it shipped directly across state lines to yourself or anyone else.

The legal website FindLaw is an excellent free resource for full-text judicial opinions from any court in the country. They also publish digests of important cases and points of law, such as this handy little Legal How-To; Giving a Gun as a Gift. The main considerations are the recipient’s age, whether they need and have the appropriate license in their state, whether you are gifting a new, used, or heirloom gun, and how you plan to ship it. To legally send a gun across state lines, even if it is a gift, you must go through a federally licensed firearms dealer in the recipient's home state.  

The starting point is considering whether the recipient can/must pass a background check before they can receive the gun you are giving them. Federal restrictions on gun ownership go way beyond felons and people who are dangerous because of severe mentally illness. According to federal law eleven categories of persons are prohibited from buying/selling/owning guns. Many states have additional restrictions. Note that only two of the eleven categories require a criminal conviction. Only one category involves persons adjudicated to be mentally ill.

This is important and bears repeating. For most of the categories of prohibited persons listed below, due process does not require a criminal conviction.

How To - Identify Prohibited Persons (from BATFE)

The Gun Control Act (GCA) makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms. 18 USC 922(g). Transfers of firearms to any such prohibited persons are also unlawful. 18 USC 922(d).

These categories include any person:

•    Under indictment or information in any court for a crime punishable by imprisonment for a term exceeding one year;
•    convicted of a crime punishable by imprisonment for a term exceeding one year;
•    who is a fugitive from justice;
•    who is an unlawful user of or addicted to any controlled substance;
•    who has been adjudicated as a mental defective or has been committed to any mental institution;
•    who is an illegal alien;
•    who has been discharged from the military under dishonorable conditions;
•    who has renounced his or her United States citizenship;
•    who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; or
•    who has been convicted of a misdemeanor crime of domestic violence (enacted by the Omnibus Consolidated Appropriations Act of 1997, Pub. L. No. 104-208, effective September 30, 1996). 18 USC 922(g) and (n).

To get the discussion started let's consider a few hypothetical giver/receiver scenarios. Feel free to address any one of these or to make up your own.

1. Suppose you want to buy a gun for someone as a gift, someone in your immediate family or your girlfriend of three years? Choose any two states that interest you, just as long as the giver and receiver live in different states.

2. Suppose you drew your uncle Ned when your family drew names for Christmas gifts. You live in New York and uncle Ned lives in Arizona. Your mom clues you in that there had been some problems in his first marriage. She doesn't know the details beyond the fact that he had gone to jail and had then gotten back together with his ex-wife, before they eventually divorced a few years later.

3. Suppose your grandfather, who lives in Virginia, drew your sister, who is only 14. He wants to continue the family tradition and pass on a family heirloom rifle that has been in the family for three generations.

The current mix of federal and state law make buying a gun as a gift much more complicated than almost any other consumer product. Let's discuss the legal, moral, and ethical considerations of such gifts.

~ ~ ~ ~ ~ ~ ~

Further reading - The STATUTES

Further reading - Cases to watch in January 2014


Mon Jan 06, 2014 at 6:22 PM PT: TRPChicago's diary is published: What? Straw Purchase ad Gun? Abramski v US
http://www.dailykos.com/...

Originally posted to Firearms Law and Policy on Sun Jan 05, 2014 at 04:04 PM PST.

Also republished by Shut Down the NRA and Liberal G Club.

Poll

How familiar are you with background check laws? Are any of the 11 categories of prohibited persons surprising news to you?

56%27 votes
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| 48 votes | Vote | Results

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Comment Preferences

  •  Tips for the thoughtful gift givers in our lives (24+ / 0-)

    "The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails.” — William Arthur Ward

    by LilithGardener on Sun Jan 05, 2014 at 03:41:07 PM PST

  •  Open Thread Announcements, News and Links (6+ / 0-)

    Please feel to post your news, your diaries and any resources you found interesting.

    "The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails.” — William Arthur Ward

    by LilithGardener on Sun Jan 05, 2014 at 03:43:05 PM PST

  •  This has a nice focus. (9+ / 0-)

    This is of course a very simple matter for me since I can't imagine myself ever wanting to give a gun to anybody.

  •  Just a question - did Zimmermann hit any (7+ / 0-)

    of those restrictions?

    Wasn't there some history of domestic violence?

    I wish I didn't know now what I didn't know then.

    by peterfallow on Sun Jan 05, 2014 at 04:30:23 PM PST

    •  I don't think he was in any of these categories. (6+ / 0-)

      And despite the very florid nature of the 911 call George made haranguing about how violent his girlfriend was being that he locked her out of her own house (!), I wonder how many domestic violence situations "stick" that would actually foreclose someone from owning a firearm.

      2014 IS COMING. Build up the Senate. Win back the House : 17 seats. Plus!

      by TRPChicago on Sun Jan 05, 2014 at 04:40:31 PM PST

      [ Parent ]

      •  There are a number of requirements t (0+ / 0-)

        that have to be met. Off the top of my head, and paraphrasing, two requirements are, 1) the history of violence or threats has to be presented to the judge when a protective order is sought. 2) The alleged abuser has a right to counsel, and to a hearing in which he/she has an opportunity to rebut the claims. There are others but I don't have easy access to a link atm. We'll have some diaries introducing domestic violence/guns this month.

        In the further reading links at the bottom, US v Castleman is a DV case pending before SCOTUS. Oral arguments are scheduled for Jan 15th.

        "The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails.” — William Arthur Ward

        by LilithGardener on Tue Jan 07, 2014 at 12:36:33 AM PST

        [ Parent ]

    •  Apparently not until very recently (7+ / 0-)

      IIRC, his new girlfriend called 911 a month or so ago, with a Domestic violence complaint. At the hearing after the arrest he was required to surrender his guns.

      I think that means he was subject to a protective order that meets Federal Guidelines.

      "The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails.” — William Arthur Ward

      by LilithGardener on Sun Jan 05, 2014 at 04:42:16 PM PST

      [ Parent ]

      •  Well, I have a feeling that even in Florida, GZ... (5+ / 0-)

        ... needs to toe the proverbial straight-and-narrow now. Violate that order and he's pretty much toast.

        2014 IS COMING. Build up the Senate. Win back the House : 17 seats. Plus!

        by TRPChicago on Sun Jan 05, 2014 at 04:56:39 PM PST

        [ Parent ]

        •  He is one lucky SOB (6+ / 0-)

          Apparently I was not up to date.

          I expect that the "peace" will not hold for long.

          Domestic violence is complicated and victims are often emotionally/financially and in other ways tied to or dependent on the abuser. There was at least at one point feelings of love and trust that don't suddenly disappear in an instant. Abusers can be extremely manipulative. And especially after a violent encounter, victims' need for soothing and to salvage their view of their partner can make them very vulnerable to the charms and seductions that won them over in the first place.

          George Zimmerman Gets Lucky Yet Again Dec 9, 2013

          It was just last month that Florida man George Zimmerman, best known for killing an unarmed Trayvon Martin and other misadventures, was arrested and charged with domestic violence against his girlfriend. Samantha Scheibe alleged that Zimmerman choked her and, in a separate incident, threatened her with a gun, resulting in the removal of his firearms and an order of protection requiring he stay away from her. Now she's taking it all back.

          In a new sworn statement, Scheibe said, "I do not want George Zimmerman charged." (After being detained at the home of his estranged wife in September, Shellie Zimmerman also opted not to press charges.)

          "The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails.” — William Arthur Ward

          by LilithGardener on Sun Jan 05, 2014 at 05:09:58 PM PST

          [ Parent ]

          •  OK, but though the complainant may not press ... (4+ / 0-)

            ... charges, the conduct complained of may be indicative of aggressive behavior.

            I'm all for due process, but George had, reportedly, two such DV complaints pending at various times. And we know he carries. It strikes me that in the array of folks you would not want to have a gun at hand, George makes the list!

            2014 IS COMING. Build up the Senate. Win back the House : 17 seats. Plus!

            by TRPChicago on Sun Jan 05, 2014 at 05:22:23 PM PST

            [ Parent ]

            •  Absolutely - we got the Lautenberg Amendment (5+ / 0-)

              for this exact reason. After the Brady Act was initially passed, and felons couldn't own guns, there was a huge loophole. Men who were charged with assault and battery, a felony, and were pleading down to a misdemeanor crime of domestic violence.

              NJ Senator Frank Lautenberg was the sponsor who got that loophole closed to to the degree that it is.

              "The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails.” — William Arthur Ward

              by LilithGardener on Sun Jan 05, 2014 at 05:28:21 PM PST

              [ Parent ]

      •  no it goes way back and more than once (1+ / 0-)
        Recommended by:
        LilithGardener

        patterns,

        "On July 16, 2005, Zimmerman was arrested for felony resisting arrest "with violence" and with "battery" of a law enforcement officer, according to the sworn affidavit filed in the case."

        battery of a law enforcement officer

        "The charges were reduced and then waived after he entered an alcohol education program. Then in August 2005, Zimmerman’s former fiance sought a restraining order..."

        the relevant past

  •  Nothing new here for me, but thanks for posting (9+ / 0-)

    I'm well aware of these laws, but thank you for posting all of this info, factually.

    What most people don't know, after hearing through the media, (incorrectly, I might add), is that no one can buy a firearm and have it delivered to their front door.  All Internet purchases must be shipped from dealer to dealer.  When the shipment comes in, the buyer then must pass the background check before concluding the purchase and taking possession of the firearm.  This is in addition to having to obtain a permit to purchase or a permit to carry from the state you reside in.  PEOPLE CAN'T JUST ADD A GUN INTO AN ONLINE SHOPPING CART AND HAVE IT DELIVERED TO THEIR DOOR!!!!!!

    Thanks for the fair reporting, Lilith.

    •  Nice to see you Allen, Peace for the New Year! (6+ / 0-)

      Even I was surprised by how much I didn't know, so I figured I am not alone. I'm starting to understand why the operative word is "transfer" rather than mere possession.

      "The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails.” — William Arthur Ward

      by LilithGardener on Sun Jan 05, 2014 at 04:46:34 PM PST

      [ Parent ]

    •  I should know this, but ... can a private party (4+ / 0-)

      ... arrange to have a handgun delivered (by, say, private carrier, not the US mail) as a gift to a friend in another state? Private arrangement, private carriage, no issue of buying it just to give it away (although I think that would be OK.)

      2014 IS COMING. Build up the Senate. Win back the House : 17 seats. Plus!

      by TRPChicago on Sun Jan 05, 2014 at 04:52:35 PM PST

      [ Parent ]

      •  No (4+ / 0-)

        Must go through the process of a FFL transfer.  Does it happen?  Yes.  Dozens of times everyday in Chicago amongst other places.  But those that do it aren't following any of the other laws, either.

      •  Great question - yes in part/no in part (4+ / 0-)

        Gun owners, please correct me if I'm wrong.

        Yes to private carrier, no delivery to an individual. The delivery must go to an FFL if the shipment goes across state lines.

        Legal How-To: Giving a Gun as a Gift

        Are you planning to ship it? You can ship a handgun (by common carrier but not U.S. Mail) or a long gun (by U.S. Mail or common carrier) to a federally licensed dealer, but not to a non-licensed individual. Federal law requires you to declare that your package contains an unloaded firearm. The NSSP suggests that you consult your carrier beforehand about its regulations for shipping firearms.

        "The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails.” — William Arthur Ward

        by LilithGardener on Sun Jan 05, 2014 at 05:01:15 PM PST

        [ Parent ]

    •  well, you can, kind of. (4+ / 0-)

      IF you're a Curios & Relics license holder AND you're buying a Curio or Relic.

      So a K98 Mauser or Romanian Tokarev TTC could be shipped to your door with out a background check, well because you have a $10 limited FFL. (it is $30 for three years).

      It is kind of cool to be able to put a gun in my online shopping cart and have it delivered to my door.  

      Stupid question hour starts now and ends in five minutes.

      by DrillSgtK on Sun Jan 05, 2014 at 05:19:40 PM PST

      [ Parent ]

      •  Hi DrillSgtK, please expound a bit for n00bs (2+ / 0-)
        Recommended by:
        88kathy, Glen The Plumber

        if you have time. And consider writing a diary on the Curios & Relic Federal Firearms License. What's involved? How much does it cost?

        I'm delighted you mentioned this. I've wanted to learn more about it, but it would have made the diary too complicated. In our hypothetical No. 3 - what if Grandpa has a C&R license, and the heirloom gun qualifies as a C&R gun?

        "The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails.” — William Arthur Ward

        by LilithGardener on Sun Jan 05, 2014 at 05:25:39 PM PST

        [ Parent ]

      •  Are those curios and relics functional firearms? (3+ / 0-)

        2014 IS COMING. Build up the Senate. Win back the House : 17 seats. Plus!

        by TRPChicago on Sun Jan 05, 2014 at 05:26:07 PM PST

        [ Parent ]

  •  Thanks (5+ / 0-)

    nosotros no somos estúpidos

    by a2nite on Sun Jan 05, 2014 at 04:45:06 PM PST

  •  OK, the one about fugitves is just plain silly (6+ / 0-)

    They are by definition already breaking the law, so what's the point?

    Also, the one about drug use surprises me.  I'm surprised that's not used as a dirty trick in bad divorces more often.  Get gun lover's guns confiscated by proving hubby enjoys a joint from time to time.

    I would mull over the addition of people who threaten to kill themselves with a gun in the presence of witnesses.  That seems like an ideal time to disarm that person.

    Good topic, Lillith.  Thanks.

    I blog about my daughter with autism at her website

    by coquiero on Sun Jan 05, 2014 at 05:32:16 PM PST

    •  Hi coquiero, I'll bite and answer your query. (6+ / 0-)

      You're welcome and thanks for dropping by.

      The fugitive one surprised me too, but it's like Al Capone on the tax charges. If they can't find the fugitive, or can't convict on the original warrant or, they can at least make sure he can never legally buy/sell guns while on the run.

      On addictions. Notice that alcoholism is not included in that category. For purposes of gun law alcohol is not considered a controlled substance.

      "The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails.” — William Arthur Ward

      by LilithGardener on Sun Jan 05, 2014 at 05:39:19 PM PST

      [ Parent ]

      •  That seems odd... (5+ / 0-)

        considering that so many gun incidents that end badly involve alcohol.

        Liquor lobby?

        "I distrust those people who know so well what God wants them to do because I notice it always coincides with their own desires." -Susan B. Anthony

        by BadKitties on Sun Jan 05, 2014 at 07:30:31 PM PST

        [ Parent ]

        •  It is shocking (4+ / 0-)

          and I don't know anything about how alcohol/alcoholism came to be exempted.

          Most people, including me, easily assume there are laws against drunken gun play. I mean, it just seems like common sense.

          It wasn't until I read this paper, (h/t andalusi), in Feb last year that I found out that fewer than half the states prohibited selling a gun to someone under the influence of alcohol. That paper put things in perspective for me. Many states don't even prohibit selling to someone intoxicated.

          A lot of states have changed their laws since 2010, but I don't know if while they were loosening their gun laws they also tightened laws about guns/alcohol. (We need someone with access to Lexus & Westlaw). I know some states do have tight restrictions for concealed carry, zero blood alcohol when you are carrying.

          "The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails.” — William Arthur Ward

          by LilithGardener on Sun Jan 05, 2014 at 07:57:31 PM PST

          [ Parent ]

    •  The same one was surprising to me: (2+ / 0-)
      Recommended by:
      LilithGardener, coquiero
      who is an unlawful user of or addicted to any controlled substance;
      I mean, there must be definitions to accompany this one?  Am I consider an unlawful user if I used drugs in the last 24 hours?  How 'bout a week?  A month?  A year?  How long ago does the use have to be? And do I have to have been convicted to be an "unlawful user"?  How would "addicted" be defined, anyway?  What if the substance is legal under certain state laws--i.e., Colorado or Washington?  

      I would think that anything less than a conviction for possession of a controlled substance could be challenged.

      Political compass: -8.75 / -4.72

      by Mark Mywurtz on Mon Jan 06, 2014 at 04:21:06 AM PST

      [ Parent ]

      •  All good questions (0+ / 0-)

        I really hope reader's will look into this category and report/write diaries on what they find out.

        E.g. I know that in some states a DUI will revoke your permit to carry a concealed weapon in public, but it doesn't affect your ability to own guns in your home.

        But I don't know whether persons who are adjudicated to chemical rehab by a judge have their names sent to NICS. Are they barred for life from owning guns?

        What about people treated in the ER for an overdose? Is there mandatory reporting of their names to NICS.

        What about jeuvenile rapists, like the Steubenville football players, where someone uses alcohol and/or the date rape drug to subdue their target. Do those young men's crimes prohibit them from owning guns for life?

        "The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails.” — William Arthur Ward

        by LilithGardener on Mon Jan 06, 2014 at 07:25:31 AM PST

        [ Parent ]

  •  Did you get gun for Christmas? (2+ / 0-)
    Recommended by:
    LilithGardener, 88kathy

    No, but I have enough. :-)

    To be first in the soil, which erupts in the coil, of trees veins and grasses all brought to a boil. -- The Maxx

    by notrouble on Sun Jan 05, 2014 at 07:09:33 PM PST

  •  I didn't buy anybody a gun for Christmas, but... (3+ / 0-)

    ...I did buy my wife a machete for Christmas a few years back for gardening while visiting her country, since that's what she was used to using as a child.

    By then, her immigration status here in this country had improved considerably, so that wasn't a problem (or we wouldn't have been flying in the first place...lol), and our biggest concern was following the proper procedures for packing it in luggage after 9/11 for the flight back into this country.

    An HR from a member of the RKBA is like an F rating from the NRA
    ---We Shall Overcome (12/3/13)---

    by earlybird on Sun Jan 05, 2014 at 08:13:29 PM PST

    •  What were the rules? (3+ / 0-)
      Recommended by:
      earlybird, Glen The Plumber, exlrrp

      Anything special?

      "The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails.” — William Arthur Ward

      by LilithGardener on Sun Jan 05, 2014 at 08:26:14 PM PST

      [ Parent ]

      •  Just to put it in chacked luggage. (4+ / 0-)

        Beyond that, nothing special.

        I had originally planned to buy it for her during our Christmas vacation in 2001, but the 9/11 attack intervened just a couple on months earlier, and it didn't seem too cool to try to carry a machete on an airplane at the time.

        So we waited a few years, but eventually I checked into it and went ahead, after learning that it wouldn't be a problem.

        We were still very conscious of what we had packed in checked luggage during the entire trip (and told them about it as we checked it in at the airport), so I'm quite skeptical when people claim to have simply "forgotten" the loaded guns in their carryon bags that the TSA keeps finding each and every week.

        Nobody who travels on an airplane these days can ever simply forget anything that could be construed as a weapon in their luggage.

        It just don't believe it.

        It can't happen. Not possible. Such people are simply lying.

        An HR from a member of the RKBA is like an F rating from the NRA
        ---We Shall Overcome (12/3/13)---

        by earlybird on Sun Jan 05, 2014 at 08:47:59 PM PST

        [ Parent ]

    •  You know they sell machetes here, right? (1+ / 0-)
      Recommended by:
      earlybird

      Good ones too

      Happy just to be alive

      by exlrrp on Mon Jan 06, 2014 at 04:13:58 AM PST

      [ Parent ]

      •  I suppose so. I never looked into it. (1+ / 0-)
        Recommended by:
        LilithGardener

        My wife wanted one from her country.

        She's kinda' funny about stuff like that sometimes.

        We used to bring a suitcase full of coffee back with us every time we traveled, since we always had extra space coming back, but we got tired of security poking holes in the coffee bags when we checked our luggage for the return trip.

        That gets old really, really fast.

        An HR from a member of the RKBA is like an F rating from the NRA
        ---We Shall Overcome (12/3/13)---

        by earlybird on Mon Jan 06, 2014 at 06:08:48 AM PST

        [ Parent ]

  •  No! Thank goodness! (4+ / 0-)

    Happy New Year, Lilith!

    (just trying to piss off Yas with all those exclamation points.)
    ;)

    Great job as usual.

    Maya Angelou: "Without courage, we cannot practice any other virtue with consistency. We can't be kind, true, merciful, generous, or honest."

    by JoanMar on Sun Jan 05, 2014 at 08:15:43 PM PST

  •  Well, my husband would have if we'd had the money. (3+ / 0-)
    Recommended by:
    exlrrp, LilithGardener, a2nite

    Some people collect china plates, some collect beer mats, he collects Cold War weaponry. There's a couple rifles and pistols he'd get in a heartbeat if we had the money.

    Yes, he keeps them locked up. Yes, the ammo is in a separate place and also locked up.  No, he doesn't have his gun confused with his (ahem).

    I don't mind as long as he maintains safety precautions.

    When you come to find how essential the comfort of a well-kept home is to the bodily strength and good conditions, to a sound mind and spirit, and useful days, you will reverence the good housekeeper as I do above artist or poet, beauty or genius.

    by Alexandra Lynch on Sun Jan 05, 2014 at 10:13:49 PM PST

    •  Does he have a C&R license? (0+ / 0-)

      That whole aspect is pretty fascinating and would make a great diary for Firearms Law and Policy.

      "The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails.” — William Arthur Ward

      by LilithGardener on Tue Jan 07, 2014 at 12:50:15 AM PST

      [ Parent ]

  •  Because nothing says Jesus like ammo (4+ / 0-)

    I'm about the only gun owner I know of in a basic family of 8 kids. y (My WWII vet Dad still  owns a couple) If I gave anyone in my family a gun, they'd give it back.

    Happy just to be alive

    by exlrrp on Mon Jan 06, 2014 at 04:11:34 AM PST

  •  In Washington you can loose your pistol (1+ / 0-)
    Recommended by:
    LilithGardener

    for carrying it while intoxicated, except inside your home. Hmm, that doesn't really deal with DV issues or just plain stupid issues very well then. I wonder how many of the cleaning a loaded piston accidents happen while drunk.

    RCW 9.41.098
    Forfeiture of firearms — Disposition — Confiscation.

    (1) The superior courts and the courts of limited jurisdiction of the state may order forfeiture of a firearm which is proven to be:

         (e) In the possession of a person who is in any place in which a concealed pistol license is required, and who is under the influence of any drug or under the influence of intoxicating liquor, as defined in chapter 46.61 RCW;

    RCW 9.41.050
    Carrying firearms.

    (1)(a) Except in the person's place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a license to carry a concealed pistol.

    (46.61 RCW is the standard intoxication limits for driving a motor vehicle)

    To be first in the soil, which erupts in the coil, of trees veins and grasses all brought to a boil. -- The Maxx

    by notrouble on Mon Jan 06, 2014 at 05:11:44 PM PST

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