doc540
Member
When he's successful at preventing illegal gun crime in his own jurisdiction, he can go to work cleaning up the rest of the known universe.
You may NOT sell a firearm if you have reasonable cause to believe the person is prohibited by Federal or State Law. It is YOUR responsibility to know and comply with all appropriate state and Federal laws!
(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—
(1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) is a fugitive from justice;
(3) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4) has been adjudicated as a mental defective or has been committed to any mental institution;
(5) who, being an alien—
(A) is illegally or unlawfully in the United States; or(6) who [2] has been discharged from the Armed Forces under dishonorable conditions;
(B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));
(7) who, having been a citizen of the United States, has renounced his citizenship;
(8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that—
(A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and(9) has been convicted in any court of a misdemeanor crime of domestic violence.
(B)
(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
If you think that you could convince ANYONE of this in a court of law, then I want you on my legal team. Sadly, the argument that 'hearing it' does not constitute a basis for 'reasonable belief' is flatly irrational and will be seen as such by anyone to whom it is presented.A stranger saying that he, " probably could not pass a background check," is neither reasonable cause to believe [that they are prohibited] nor is it knowing.
The onus to know and abide by the laws of the land, however we may dislike them, is certainly upon us and cannot be sloughed off out of political convenience or conviction.Don't put this on us or even on some of us. It's absurd. Put the onus on to whom the onus belongs.
Couldn't they be only buying and selling guns in state? I assume there are plenty "mom an pop" intrastate gun shops in the rural parts of some states that are nonfed licensed.In looking at the video report, it appears to me that at least a couple of the "private" sellers are actually in the business of selling firearms and should be licensed. Someone selling 348 SKSes in a year is in the business. Someone with a table full of pistols and who sells "lots" of them is very likely in the business and should be licensed. These people do not deserve our support. They are breaking the law.
rbernie said:If you think that you could convince ANYONE of this in a court of law, then I want you on my legal team. Sadly, the argument that 'hearing it' does not constitute a basis for 'reasonable belief' is flatly irrational and will be seen as such by anyone to whom it is presented.
It would seem to me that these unlicensed "mom and pop" intrastate buyers and sellers of guns are not receiving guns in interstate commerce. These guns would have already been brought into the state and sold by a licensed dealer. I see nothing in the law that would prohibit me from buying a used gun from one neighbor and selling it to another. That happens all the time in gun shows and across dinner tables.Dannix said:Couldn't they be only buying and selling guns in state? I assume there are plenty "mom an pop" intrastate gun shops in the rural parts of some states that are nonfed licensed.
A intrastate-only side business could be interesting. I guess it wouldn't really be much different that a collector, except perhaps corporized. If the feds really wanted to get ugly with an intrastate-only setup though, couldn't they issue a straw purchase charge? Buying with the intent to sell to another?It would seem to me that these unlicensed "mom and pop" intrastate buyers and sellers of guns are not receiving guns in interstate commerce. These guns would have already been brought into the state and sold by a licensed dealer. I see nothing in the law that would prohibit me from buying a used gun from one neighbor and selling it to another. That happens all the time in gun shows and across dinner tables.Dannix said:Couldn't they be only buying and selling guns in state? I assume there are plenty "mom an pop" intrastate gun shops in the rural parts of some states that are nonfed licensed.
Some private sellers were selling numerous guns. For example, one seller acknowledged selling 348 assault rifles in less than one year – for revenue likely exceeding approximately $174,000.
The undercover operation took place from about May to August and its $1.5 million cost was paid by city taxpayers.
TexasBill said:If a person tells me they couldn't pass a background check, then I am not going to sell them a gun. Especially in a public venue like a gun show where some "plant" can make a purchase and wander over to the nearest cop and turn me in. That's just stupid. Their verbal statement is all the law needs to show that I had 'reasonable knowledge" the transaction would be illegal. In a court of law, all the prosecutor has to ask is did the person tell me they would not be able to pass a background check and I would have to answer "yes" which might as well be a "guilty" plea.
I love how the Mayor of that rat infested island thinks he's President.
But I have to say that I am more than a little disappointed that we would spend our time castigating Bloomberg for his actions as opposed to trying to figure out how to clean up our own ranks.
clean up our own ranks.