Originally Posted by HCM
I think that HCM’s mentioning of the Depression era interstate criminal organizations is as good of an answer to your question as any. Bandits like John Dillinger or Bonnie and Clyde would travel between states to escape the jurisdiction of state and local law enforcement. They’d procure supplies such as vehicles and firearms in multiple states.
My posts only represent my personal opinion and do not necessarily reflect the opinions or official policies of any employer, past or present. Obvious spelling errors are likely the result of an iPhone keyboard.
Given their history of bank robbery, murder, etc., they'd be prohibited posssesors, thus making any sale/transfer of firearms to them illegal regardless of state lines. Their fame would also have ensured that essentially everyone who sold to them knew they were dealing with criminals and thus committing crimes, again regardless of state lines.
The problem I have with the law as written is that the results are not logically consistent:
Sell to a felon you've never met before and whose history you don't know, but who lives in the same state as you? Legally, you're fine, because you had no reason to know they were a prohibited possessor.
Sell to someone from another state who you've known for 15 years and you absolutely know is not a prohibited possessor? Federal crime.
To me, given that it would appear that it was a loan not a sale, the important thing in the law to focus on would be the word sporting. I think I would argue that that word is a subjugation of the 2nd. What if a circumstance existed that required many americans to go to another state to fight against something really bad? Or for example bird hunting would be ok but baby sitting my sister with a borrowed gun to protect against her paroled ex that said hes coming to cut off her head would be illegal? Sporting looks like an insert from the lib left that contend the 2nd is only for "sporting" reasons...
So what I'm hearing is...If my buddy from another state comes to visit and I loan him a gun for any reason, that means we just made an illegal transfer???
I'm calling BS on that.
No. That’s not what the law says.
That's the law here in WA. Might be in other states as well. I don't keep up with laws in other states so IDK.
(4) This section does not apply to:
(a) A transfer between immediate family members, which for this subsection shall be limited to spouses, domestic partners, parents, parents-in-law, children, siblings, siblings-in-law, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles, that is a bona fide gift or loan;
(b) The sale or transfer of an antique firearm;
(c) A temporary transfer of possession of a firearm if such transfer is necessary to prevent imminent death or great bodily harm to the person to whom the firearm is transferred if:
(i) The temporary transfer only lasts as long as immediately necessary to prevent such imminent death or great bodily harm; and
(ii) The person to whom the firearm is transferred is not prohibited from possessing firearms under state or federal law;
(d) A temporary transfer of possession of a firearm if: (i) The transfer is intended to prevent suicide or self-inflicted great bodily harm; (ii) the transfer lasts only as long as reasonably necessary to prevent death or great bodily harm; and (iii) the firearm is not utilized by the transferee for any purpose for the duration of the temporary transfer;
(e) Any law enforcement or corrections agency and, to the extent the person is acting within the course and scope of his or her employment or official duties, any law enforcement or corrections officer, United States marshal, member of the armed forces of the United States or the national guard, or federal official;
(f) A federally licensed gunsmith who receives a firearm solely for the purposes of service or repair, or the return of the firearm to its owner by the federally licensed gunsmith;
(g) The temporary transfer of a firearm (i) between spouses or domestic partners; (ii) if the temporary transfer occurs, and the firearm is kept at all times, at an established shooting range authorized by the governing body of the jurisdiction in which such range is located; (iii) if the temporary transfer occurs and the transferee's possession of the firearm is exclusively at a lawful organized competition involving the use of a firearm, or while participating in or practicing for a performance by an organized group that uses firearms as a part of the performance; (iv) to a person who is under eighteen years of age for lawful hunting, sporting, or educational purposes while under the direct supervision and control of a responsible adult who is not prohibited from possessing firearms; (v) under circumstances in which the transferee and the firearm remain in the presence of the transferor; or (vi) while hunting if the hunting is legal in all places where the person to whom the firearm is transferred possesses the firearm and the person to whom the firearm is transferred has completed all training and holds all licenses or permits required for such hunting, provided that any temporary transfer allowed by this subsection is permitted only if the person to whom the firearm is transferred is not prohibited from possessing firearms under state or federal law;
(h) A person who (i) acquired a firearm other than a pistol by operation of law upon the death of the former owner of the firearm or (ii) acquired a pistol by operation of law upon the death of the former owner of the pistol within the preceding sixty days. At the end of the sixty-day period, the person must either have lawfully transferred the pistol or must have contacted the department of licensing to notify the department that he or she has possession of the pistol and intends to retain possession of the pistol, in compliance with all federal and state laws; or
(i) A sale or transfer when the purchaser or transferee is a licensed collector and the firearm being sold or transferred is a curio or relic.
In the P-F basket of deplorables.
Mods- would it be worthwhile to split the “interstate transfer” debate off into it’s own thread?
It’s having less and less to do with the “OIS in Kenosha Wisconsin, civil unrest.”
In WA that's a gift. I know someone who just purchased a shotgun for his son. It was a gift and exempt. Best to know the laws in your state because some states will crucify your ass.
In the P-F basket of deplorables.
I believe it wasn’t federally illegal for a felon to possess a firearm until the Gun Control Act of 1968 was signed into law. Prior to that, there wasn’t really a “prohibited person” in federal law.
Most gun laws are bullshit and only serve to make it more difficult for people to exercise their rights. The law you’re concerned about isn’t any different.
My posts only represent my personal opinion and do not necessarily reflect the opinions or official policies of any employer, past or present. Obvious spelling errors are likely the result of an iPhone keyboard.
Are we not dealing with the laws of both WI and IL? Is there a chance he may be prosecuted in the state that is most likely to felony convict? I now nothing about how this works so I'm just asking.
In the P-F basket of deplorables.
Reply With Quote