I think that you are correct, but same goes for me
Sutherland Springs update
- Thread starter Texasgordo
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I think that you are correct, but same goes for me
How do you hold that thing up?? Tripod mount?
Since were into what we think (NTTAWT), I think the article is long on conjecture and short on facts and attributable sources. But that’s just me.
I reckon if one looks hard enough, some law will be broken.
I imagine lawyers are going to argue about what the definition of ‘resides’ means.
I reckon if one looks hard enough, some law will be broken.
I imagine lawyers are going to argue about what the definition of ‘resides’ means.
TheMailMan
TGT Addict
It's legal to purchase a long gun in ANY state as long as the seller follows the laws of the state you live in.
Handguns can't be sold to out of state residents.
What they are claiming is that the Ruger he bought had a 30 round magazine which is illegal in Colorado. Thereby the sale didn't follow the law.
Now...here's the stupid part. Even if Academy had taken the 30 round magazine out of the box and sold him the rifle there was NOTHING to stop him from coming back into the store and clearing the shelves of 30 round mags. There's no requirement to check ID when purchasing magazines. The 15 round limit applies ONLY in Colorado. While living in Texas he could have had as many 15+ round mags as he could afford. He just could not legally bring them to Colorado.
I think a good lawyer could use this as a defense for Academy. They are going to have to show that Academy didn't remove the magazine from the box. Pretty hard to do.
Handguns can't be sold to out of state residents.
What they are claiming is that the Ruger he bought had a 30 round magazine which is illegal in Colorado. Thereby the sale didn't follow the law.
Now...here's the stupid part. Even if Academy had taken the 30 round magazine out of the box and sold him the rifle there was NOTHING to stop him from coming back into the store and clearing the shelves of 30 round mags. There's no requirement to check ID when purchasing magazines. The 15 round limit applies ONLY in Colorado. While living in Texas he could have had as many 15+ round mags as he could afford. He just could not legally bring them to Colorado.
I think a good lawyer could use this as a defense for Academy. They are going to have to show that Academy didn't remove the magazine from the box. Pretty hard to do.
Evidently they can, as long as shipped to an FFL in their state.
Just can't leave the store with it.
Let me get this straight. The fed gov is trying to push blame into academy for their own failure to properly obey the laws they passed. Why am I not surprised that some obscure meaningless drivel is going to scape goat the USAF and fed gov of their responsibility to properly report prohibited persons to NICS.
And since when is a magazine a considered a firearm that is governed by federal firearm laws. The laws requiring TX to abide by Co law are applicable to firearms. Is there a federal law that requires states to obey the laws of other states within their jurisdictions. AFAIK there are zero federal magazine laws that require a TX FFL to follow Co or Ca or NY laws. So what law was broken?
And since when is a magazine a considered a firearm that is governed by federal firearm laws. The laws requiring TX to abide by Co law are applicable to firearms. Is there a federal law that requires states to obey the laws of other states within their jurisdictions. AFAIK there are zero federal magazine laws that require a TX FFL to follow Co or Ca or NY laws. So what law was broken?
This falls under Article 1 Section 8 of the Constitution. It allows Congress to regulate commerce within a state when it impacts interstate movement of goods and services.
If the Feds use this justification, then persons who are not Colorado residents should not be allowed to buy marijuana. But then again Colorado is already violating Federal law in this instance.
I don't recall the specifics but wasn't this guy from the New Braunfels area? Is a drivers license the end all be all to establishing residency, or can't you show something else like a utility bill if you haven't changed your license yet? There was also the issue of him having served in the military, which as I understand it adds more layers of residency rules based on base assignments and such. I don't know.
And besides all that, AR's aren't illegal in Colorado (afaik), only the 30 round mag that I assume they usually come with so it wouldn't have been illegal for Academy to sell the rifle to him even with a Colorado license. If the only hook is the 30 round magazine that as mentioned could have been purchased separately in unlimited quantities, that seems a very weak point to hang Academy on.
If this holds, let's demand Colorado stop selling marijuana to visiting Texans. Hell, let's demand it anyway just to hoist the left on its own petard.
This and the recent case regarding the 80% lowers that they were forced to dismiss, not to mention the bump stock ban, perfectly highlights how utterly ridiculous, incoherent and useless our current gun laws are. THAT'S the point our esteemed "conservative" heroes should be shouting from the mountain top.
And besides all that, AR's aren't illegal in Colorado (afaik), only the 30 round mag that I assume they usually come with so it wouldn't have been illegal for Academy to sell the rifle to him even with a Colorado license. If the only hook is the 30 round magazine that as mentioned could have been purchased separately in unlimited quantities, that seems a very weak point to hang Academy on.
If this holds, let's demand Colorado stop selling marijuana to visiting Texans. Hell, let's demand it anyway just to hoist the left on its own petard.
This and the recent case regarding the 80% lowers that they were forced to dismiss, not to mention the bump stock ban, perfectly highlights how utterly ridiculous, incoherent and useless our current gun laws are. THAT'S the point our esteemed "conservative" heroes should be shouting from the mountain top.
If you order a gun to ship to a prohibitive state, they will only ship what is allowed in that state. Since Academy buys in bulk, it's up to them to make sure prohibited items aren't stocked in a state that prohibits it. I think that's what they can sue on. I'm not trying to say it's right or wrong.
Did he buy it physically in Texas or Colorado?
I assume it came with the gun that he purchased in Texas, but I don't know that for sure.
I’m still interested in understanding what federal law regulates magazine capacity?
I guess Tx Attorney General needs to start going after Colorado dope shops for illegally selling Texans weed. There is some serious $$ to be made there. Hefty fines could pad the TX budget.
I guess Tx Attorney General needs to start going after Colorado dope shops for illegally selling Texans weed. There is some serious $$ to be made there. Hefty fines could pad the TX budget.
TheMailMan
TGT Addict
He purchased the firearm in Texas with Colorado ID.
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