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Discussion in 'News Articles' started by Texasgordo, Oct 17, 2019.
Judge in snowflake S.A., nutty Fed. It about $$. What do you expect?
I bet what they are trying to do is to get Academy me on the different model numbers that manufacturer's have.
Take the Ruger AR556 for example
You have the standard model #: 8500
and the state compliant for mag capacity model#:8511
Bet they are going to try to argue that since he was from CO, he should have only been eligible to buy the 8511 since it would comply with CO's retarded ass mag law and not the 8500 because it comes with a 30 round mag atleast according to Ruger.
Not saying I agree with the premise but I could see them trying to go this route however stupid it may seem to us
Yeah, I read it some time ago and forgotten the situation, sorry.
The Church shooting victims and families have sued the Air Force in Federal Court under the Federal Tort Claims Act. The Air Force admitted it failed to report the conviction of gunman Devin Kelley for domestic abuse to the FBI data base. This conviction would have prohibited his purchase of any firearm. Under the Tort Claims Act the victims and families can recover damages if they prove direct negligence by the government.
David Stern is the US Attorney defending the government - he is not a prosecutor in this case, he is the defense attorney. He pled that Academy Sports is liable as a third party defendant because Kelley used a Colorado DL when he purchased the AR with a 30 round magazine in San Antonio.
The Gun Control Act (GCA) regulates the transfer of "firearms" and "ammunition" in interstate commerce. A magazine is not, by definition, a firearm or ammunition. The GCA prohibits the purchase of a handgun in a state other than the one in which you live (but you may have it shipped to an FFL dealer in your home state and have it transferred to you there). You may purchase rifles and shotguns in any state, provided the laws of both states are followed -- that of the state you are buying in and your state of residence.
In Colorado magazines holding more than 15 rounds may not be sold, transferred, or possessed unless they were lawfully owned prior to July 1, 2013. However, there is no federal law or state prohibiting the purchase of 30 round magazines in Texas, thus no back ground check. Kelley could have walked into the San Antonio Academy and legally purchased a 30 round AR magazine without showing any DL.
Here, the government's filing has two problems. First, the AR purchased was legal to purchase and posses in both Texas and Colorado. The magazine purchased with the AR was illegal to posses in Colorado, as it was purchased after July 1, 2013, but that state's law was not violated because Kelley never took it to Colorado.
Second, although Kelley had a Colorado driver's license, he was born in New Braunfels, was living in New Braunfels behind his parents house with a wife and kid, and was working at a local RV park in Texas when he bought the rifle in SA. Thus he was a Texas resident who had not yet acquired a Texas driver's license.
So, let's be clear. State residence is established by where you live, not your driver's license. Kelley was a prohibited person and violated federal and Texas state law when he purchased the AR. However, there is no federal law against a prohibited person buying a magazine and the magazine was legal in Texas. Thus no state or federal law was violated by the purchase. This is a case of an attorney throwing Bull Sh*t against a wall and hoping something sticks.
(b)It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver:
(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes
Mags are included accessories not essential components
And, the CO AG has directed LE agencies to not enforce the mag ban. Gun stores in CO openly sell high cap mags.
that is what you and I say, the antis will argue the other side.
It is Federal I posted above at issue, not state.
Stop spreading such stupid misinformation!!!
It shoots 2500 rounds a second and a magazine can be unlimited if you change out the floor plate with a clip fed magazine spring loading stripper clip belt bandolier.
Okay, but the most deadly AR's are black!
Yes, Federal law says each state has to respect the laws of the other state. In CO the mag ban is arguably not a mag ban. Could be relevant if it goes to court.