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More thoughts on the Katie Couric documentary
The question appears to be -- just which (and how many) gun laws did she break in making it?
18 U.S.C. §922(a)(3) makes it a Federal felony for anyone but a licensed dealer to "transport into or receive in the State where he resides" a firearm. Now, this is not violated when the transfer occurs; it is only violated when the recipient brings the firearms into their home State. So the film's producer has taken to claiming that they turned the firearms over to police and did not bring them back to Colorado. But--
18 U.S.C. §922(a)(5)makes it a felony for anyone but a licensed dealer to "transfer, sell, trade, give, transport any firearm to any person ... who the transferor knows or has reasonable cause to believe does not reside in ... the State in which the transferor resides." So a Coloradan couldn't generally convey a firearm to an Arizonan without violating this provision.
The Gun Control Act does have an exemption for law enforcement, but it doesn't seem applicable. It says that, with some exceptions the Gun Control Act does not apply to the "transportation, shipment, receipt, possession, or importation" of guns sold or shipped to a State. 18 USC §925(a)(1). This seems to insulate the State but not the seller (receipt is excepted, but not transfer).
7 Comments | Leave a comment
...I'b bet my last chain saw chain that Katie and company consider themselves agents of this, the Obama, government. They've pledged heart, soul and their treasure to confiscating guns. They " Don't deserve " to be prosecuted.
Please point out the grant of power to Congress to even pass such punishment. It does not exist. The Framers actually, explicitly gave power to Congress to punish for 6 things, counterfeiting, piracies and felonies on the HIGH SEAS, offenses against the law of nations, treason, and securing copyright/patent. THE FACT that the Framers found it necessary to explicitly grant those police/punishment powers is absolute proof that the feds have no other police/punishment powers. To claim such other police powers is to claim the granting clauses of the 6 powers as unnecessary and the Framers as buffoons. The People need to wake up and understand that the feds have ONLY 6 police powers and that every other federal criminal statute regardless of benefit is UNCONSTITUTIONAL.
"offenses against the law of nations"
Well, there ya go!
You just justified all the laws the U.S. Congress has passed and signed by the Presidents.
So that covers the punishment for violating firearms laws.
From ATF Form 4473:
Question 11.a. Actual Transferee/Buyer: For purposes of this form, you are the actual transferee/buyer if you are purchasing the firearm for yourself or otherwise acquiring the firearm for yourself (e.g., redeeming the firearm from
pawn/retrieving it from consignment, firearm raffle winner). You are also the actual transferee/buyer if you are legitimately purchasing the firearm as a gift for a third party.
Since none of these are true the individual lied when filling out the form.
No, the Law of Nations is/are the relationships of one nation to another NOT laws within a nation. Education requires instruction and many are incapable of being instructed. Vattel (1758) wrote down the bases for the law of nations. That would be a good place to start to learn. One must first understand the terms used by the Framers BEFORE one tries to grasp the interrelationships of the grants of power. One can also read the 1798 Kentucky and Virginia Resolves. Suffice it to say the feds have usurped thousands of power not granted to them and the powers of punishment are among the most egregious. Everyone the feds have punished for murder, rape, robbery, income tax evasion, etc have all been screwed unconstitutionally.
Sorry my reply was for Geoff.
I'd also add that Constitutional Scholars contemporary with the Framers stated that the POLICE POWERS WERE LEFT TO THE STATES AND NOT GRANTED TO THE federal government.
What the Katie Couric's and Dick Gregory's are really saying is that these laws do not apply to US! The only way to disabuse these fools is to publicly arrest them and prosecute them. If the feds intend to keep this law, they best get busy.