Posted on 09/10/2004 2:56:37 PM PDT by marktwain
Don't Arrest Kerry In Shotgun Incident, Gun-Law Expert Says
Gun-law expert Alan Korwin is calling for calm, in the national uproar over John Kerry’s possible serious gun violations during a recent photo op in Racine, West Virginia.
The national clamor over the Democratic presidential candidate, who took possession of a Browning semiautomatic shotgun outside his home state, reflects a problem with the laws and should not be used to arrest and prosecute the man, Korwin says. A gun crossing state lines is heavily regulated.
"There are so many charges Kerry might face," according to Korwin, who has written seven books on gun laws, including the unabridged, plain-English federal guide, "Gun Laws of America."
1. Taking ownership of the shotgun gift, if he doesn't already have a valid Massachusetts Firearm Identification Card, could subject him to a 2-1/2 year prison term in his home state. Since he has claimed publicly he owns firearms, chances are he has this critical piece of paper, Korwin says.
2. Bringing the firearm back to Massachusetts, if he received it from a private party, would be a federal felony under the 1968 Gun Control Act. (5 years in prison, $5,000 fine, 18 USC §922)
3. The only exemption that would allow him to bring it into his home state requires that he obtained it in a face-to-face transaction with a federal firearms licensed dealer (FFL). A private gift would not qualify.
4. If Kerry did get it from an FFL, he would have had to personally fill out and sign a "4473 form" required by the Bureau of Alcohol, Tobacco, Firearms and Explosives, before the gift was given, under penalty of federal felony.
5. If Kerry did not personally undergo a "NICS" instant background check before the transfer from an FFL, he would have put the person conducting the transfer in some legal jeopardy, though the law contains a loophole that would probably save Kerry from additional harm (the dealer, not the recipient, suffers from failure to do the NICS check).
While gun lobbyists are inflamed that Kerry introduced a law that would outlaw this particular type of sporting shotgun, and gun gifts in general, it is a good thing the law has not passed yet, because then it might be too serious a problem to simply ignore.
Korwin says that calls to indict Kerry are premature and "most certainly overkill. John Kerry should receive the same lenient treatment any other citizen deserves when innocently violating these complex and non-intuitive rules." At least give him a chance to explain, Korwin pleads.
Unfortunately, federal authorities from BATFE have been known in the past to be inflexible in their enforcement of even minor technical violations (note that none of these felony violations involve a victim or any sort of harm). With widely circulated evidence, in the form of photographs of Kerry in obvious possession of the firearm, he may find himself subject to the long arms of the law.
And more importantly, Korwin says, "Some of these laws are just foolish, putting honest citizens at enormous and unjustified risk, and are so complicated that even a presidential candidate and his staff cannot figure them out."
###
Contact: Alan Korwin BLOOMFIELD PRESS "We publish the gun laws." 4718 E. Cactus #440 Phoenix, AZ 85032 602-996-4020 Phone 602-494-0679 FAX 1-800-707-4020 Orders http://www.gunlaws.com alan@gunlaws.com
Excellent tack for the author. Point, Set, Match!
Ha ha! If only those union guys had presented him with an AR-15 or a 50 BMG and he had to display it gratefully...
Didn't someone give El Rushbo a shotgun as a gift a few years ago, when he still lived in New York, and he had to decline it because of all the paperwork it took to make it legal?
You know, that's the thing I don't get about requiring a concealed weapons permit or these other laws that Kerry has now evidently broken... what is the point of it? What benefit does the government get out of requiring law-abiding citizens to have to file paperwork that non-law-abiding citizens won't file anyway????
THROW THE BOOK AT HIM! LAWS SHOULD APPLY EQUALLY TO EVERYONE!
He just does what I do with ILLEGAl UNCONSTITUTIONAL LAWS - I IGNORE THEM!
LOL! It's friday afternoon, and the best news the Kerry camp has had all week is that Kerry probably shouldn't be arrested.
If any one of us broke the Leftists' oh-so-sacred gun laws, we'd all be cooling our heels in jail awaiting bail to be set by a Leftist-appointed judge. But ol' Johnny-boy gets off scot-free.
Is there a picture?
Is'nt there a little part of the 4473 that asks have you ever denounced your citizenship or attempted to overthrow your government or something to that effect ?
______________
bang!
Kerry introduced a law that would outlaw this particular type of sporting shotgun...another flip-flop...introducing and voting on something even the author can't understand. Much like the CFR don't you think? Hummmmm - THINK - now there's a word for politicians.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.