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originally posted by: BlueJacket
a reply to: JBurns
Great news! Let's see if the Senate can go 2 for 2 and get this no brainer through! Thanks for the update.
originally posted by: F4guy
a reply to: JBurns
I only have 1 problem with this idea. It will allow a resident of Kentucky who is under an order of protection because he stalked, assaulted, and threatened to kill his ex-girlfriend to get a non-resident Florida CCW permit and then carry a concealed weapon in Kentucky, where he is not eligible. Florida allows non-residents to get a permit by mail and restricts the prohibition against permits for people under orders of protections to only those involving spouses. So this bill is going to get a lot of girlfriends, boyfriends, eses and stalking victims dead. But I guess the feds can't stand the thought of states making laws for their own citizens.
The 1968 Gun Control Act and subsequent amendments codified at 18 U.S.C. § 921 et seq. prohibit anyone convicted of a felony and anyone subject to a domestic violence protective order from possessing a firearm. The intended effect of this new legislation is to extend the firearms ban to anyone convicted of a "misdemeanor crime of domestic violence."
(33)
(A)Except as provided in subparagraph (C),[2] the term “misdemeanor crime of domestic violence” means an offense that—
(i)is a misdemeanor under Federal, State, or Tribal [3] law; and
(ii)has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.
(B)
(i)A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless—
(I)the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and
(II)in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either
(aa)the case was tried by a jury, or
(bb)the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.
(ii)A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.
originally posted by: F4guy
a reply to: JBurns
I only have 1 problem with this idea. It will allow a resident of Kentucky who is under an order of protection because he stalked, assaulted, and threatened to kill his ex-girlfriend to get a non-resident Florida CCW permit and then carry a concealed weapon in Kentucky, where he is not eligible. Florida allows non-residents to get a permit by mail and restricts the prohibition against permits for people under orders of protections to only those involving spouses. So this bill is going to get a lot of girlfriends, boyfriends, eses and stalking victims dead. But I guess the feds can't stand the thought of states making laws for their own citizens.
originally posted by: BlueJacket
a reply to: F4guy
Well you still have to go through an FBI background Check...we all do. I'm not sure your statement is accurate.
originally posted by: theantediluvian
a reply to: JBurns
It's nice to see that after more than a century and a half, conservatives are finally dropping the pretense of giving a # about states' rights. Amirite?
Next step, do away with state legislatures.
originally posted by: JBurns
a reply to: introvert
They need to expand the background checks, I have no problem with that. Private sales should be subject to background check, as long as non-FFL can submit the check. If this bill does in fact accomplish this, then I say great
It is also very sensible and reasonable to be aware and informed of the laws for each state you carry in. I couldn't agree with this more either.
It is not a complete victory, I agree. I do think it does a lot for personal freedom and protection, provided it is exercised responsibility in accordance with this law and local laws. It may expand certain components of federal oversight, but I think the freedom gained certainly outweighs those negatives.
I'm mainly thinking of people living in high risk areas or routinely engaging in dangerous occupations that are currently burdened by unjust de jure carry laws.