Legal Reference

Alan Korwin on some gun laws

Palin, Preemption and FOPA

From: "Alan Korwin"
To: AZRKBA@ASU.EDU

1. If Sarah Palin is guilty of something for signing books at a big popular venue like Costco, because it doesn't allow open carry (and discreet carry is a separate issue as you all well know), then I'm guilty of the same, because I just signed books at the three-day GUN FRICKIN SHOW, and they don't allow real carry either -- only empty, strapped-shut gun imitations on pseudo macho men (go easy on me, I'm making a point). I understand the angst over posted places, but if anyone was pure as purists prefer, and avoided every everything with an anti-rights nexus you'd have to live in a hole in the ground, and probably not there either.

2. This is classic worthlessness (from A.R.S. 13-3108) [An Arizona law] : "B. A political subdivision of this state shall not require the licensing or registration of firearms or ammunition or any firearm or ammunition components or prohibit the ownership, purchase, sale or transfer of firearms or ammunition or any firearm or ammunition components."

Why? Agencies are doing it now. What's your recourse? Virtually nothing. Sue city hall. Laws must start using the posse comitatus paradigm. Not: "a subdivision shall not register guns," but instead, "any individual within a subdivision who does so shall be guilty of a class 6 felony for a first offense." Please don't make me keep making this point.

3. Ken asked about FOPA, here's the lingo from 18 USC 926, constraining not just FFLs but fed authorities (if they choose to obey, no punishment is provided, see #2 above):

--

(a) The Attorney General may prescribe only such rules and regulations as are necessary to carry out the provisions of this chapter, including--

(1) regulations providing that a person licensed under this chapter, when dealing with another person so licensed, shall provide such other licensed person a certified copy of this license;

(2) regulations providing for the issuance, at a reasonable cost, to a person licensed under this chapter, of certified copies of his license for use as provided under regulations issued under paragraph (1) of this subsection; and

(3) regulations providing for effective receipt and secure storage of firearms relinquished by or seized from persons described in subsection (d)(8) or (g)(8) of section 922. No such rule or regulation prescribed after the date of the enactment of the Firearms Owners' Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or dispositions be established. Nothing in this section expands or restricts the Attorney General's authority to inquire into the disposition of any firearm in the course of a criminal investigation. --

Yeah, there's wiggle room (and NO punishment for failure to comply), and AG Eric Holder has said, I have the quote here somewhere, that he should be allowed and is not constrained from collecting the info and sharing it with little restriction (within his walls of government).

Alan.


Alan Korwin
Bloomfield Press
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28th Amendment, Proposed:

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