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  1. D

    Constructive intent to make an SBR?

    :banghead: Why do people insist on using legal terms, when they are completely ignorant of their actual meaning? "Constructive Intent" has ZERO to with an ability to construct a product. Here is the reality of "Constructive Intent": From Black's Law Dictionary, "constructive intent: A...
  2. D

    Is it illegal to be in the presence of an illegal firearm

    Depending on the circumstances, it could be considered "misprision of a felony." The applicable federal statute is 18USC4. https://www.law.cornell.edu/uscode/text/18/4
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    Profiled at MO Conservation range

    "Paranoia will destroy ya."
  4. D

    No pistols/No revolvers =?

    It's not semantics, it's the legal realities of what is "law" from the Legislature, and what is "regulations" used to implement the law from the Executive. The CFR are created by the Executive Branch to carry out the laws enacted by Congress. However, as I've pointed out, by quoting the fine...
  5. D

    No pistols/No revolvers =?

    Offered no better explanation? I provided citations from Cornell Law School and Black's Law Dictionary. As for your quote from the Office of Information and Regulatory Affairs, Office of Management and Budget, Executive Office of the President: Having the "force and effect" of law, is much...
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    No pistols/No revolvers =?

    I don't have to disprove anything. Laws are passed by the legislature, and become part of the US Code. Abramski was charged with, and convicted of violating two sections of the US Code, ie "federal law." He was not charged with, nor convicted of, violating any portion of the Code of Federal...
  7. D

    No pistols/No revolvers =?

    Abramski was convicted of violating federal law that is actually in the US Code. Neither he, nor you, can be convicted of violating the CFR. He violated 18USC924(a)(1)(A), and 18USC922(a)(6). He was not convicted of violating any CFR, because the CFRs are not "laws."...
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    No pistols/No revolvers =?

    Nope, you drew the distinction quite nicely with the term "enabling legislation." Laws come from the legislature, and that is the US Code. The CFR is not legislation. Try rolling into a US District court and calling the CFR "federal law." It's not, it's merely regulations developed to help...
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    No pistols/No revolvers =?

    You're not helping me out, because I know the difference between the law (as in federal law = US Code), and regulations used to implement the law (as in the CFR =/= federal law). :rolleyes:
  10. D

    No pistols/No revolvers =?

    OK then, please post the citation from the US Code that makes your statement true. I'll help you out with your quest for the citation: https://www.law.cornell.edu/uscode/text A pistol, a revolver, and a derringer, are all "handguns" as defined in 18USC921. However, the US Code does not...
  11. D

    Lack of import marks on firearms manufactured after 1968.

    http://www.atf.gov/files/firearms/guides/marking-variances.html
  12. D

    The power of the Sheriff over Federal agents

    Well if you want to continue splitting the hairs on this, they are "assimilating," ie adopting the state crime, in the federal system. Hence the name of the Act that made this law, the Assimilative Crimes Act. So again, what is occurring is the state law is being enforced/prosecuted by the...
  13. D

    The power of the Sheriff over Federal agents

    Yes. That is why you have federal law enforcement agencies, and federal prosecutors, with federal judges. For more than a decade I have been working in federal law enforcement, and agencies can and very often do conduct criminal investigations without any involvement of state/local law...
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    The power of the Sheriff over Federal agents

    Having investigated crimes that were prosecuted using 18USC13, I am well aware of the fact that the enforcement action and prosecution is done by federal agents, and in federal court. The point is they are in affect enforcing a state law, through the federal courts, because of where the crime...
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    The power of the Sheriff over Federal agents

    That is not correct. You may want to research the "Assimilative Crimes Act" (18USC13), which allows the federal government to prosecute state offenses committed in areas of exclusive federal jurisdiction in a particular state, if there is no equivalent federal statute that covers the offense.
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    The power of the Sheriff over Federal agents

    Well, I actually have direct experience in this for over a decade. That statement is completely, and utterly false.
  17. D

    Vet with PTSD/buying firearm?

    Sorry, but I'll have to disagree with you there. First off, the VA isn't managing anyone's money. They allow the person to appoint a relative or friend to manage their money. Second, if someone is so mentally incompetent they can't manage their personal finances, then they fit the definition...
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    Vet with PTSD/buying firearm?

    Yes, if you are so mentally handicapped that the VA has to appoint a representative payee to manage your money for you, then you have been "adjudicated a mental defective." However, it's wrong to say there isn't a good mechanism to change that if your mental health improves. In fact the NICS...
  19. D

    Vet with PTSD/buying firearm?

    Still waiting for the citations for those "certain regs."
  20. D

    Vet with PTSD/buying firearm?

    Merely seeking help from a mental health professional, even for PTSD through the VA, does NOT make someone a prohibited person. A diagnosis from a doctor of a mental health condition, being prescribed medicine for a mental health conditon, participating in counseling, and/or VOLUNTARILY agreeing...
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