legal stuff

This category contains 43 posts

From The Firearms Blog, RE: The 4473…


All of us have filled out the 4473 form so many times that we could pretty much recite it and fill it out blind folded. But have you actually bothered to read the stuff after you sign and date 16 and 17?

A co-worker was perusing the later section, that hardly anyone reads, and found two interesting things in the 4473 that dispel misconceptions regarding firearm sales.

First there is the misconception regarding gifting a firearm. For a long time I have heard, and mistakenly believed, that gifting a firearm is only allowed between parent and offspring or between spouses. This is completely false. Apparently you can gift a gun to anyone you want. Take a look at the screen cap of the section explaining 11a “transferee/buyer”.

4473 buyer

Did you catch the subtle nuance between the two examples? You cannot buy a gun on BEHALF of someone. But you can buy a gun and gift it to someone. Now the recipient of the gifted firearm must not be a prohibited person. So use common sense, otherwise you will have committed a straw purchase.

The other amazing discovery is with regards to residency. Having lived in NY for a couple years as a firearms enthusiast, I look for ways to acquire guns legally using loopholes. Such as buying non NY legal guns in PA but having them shipped to my FFL in NY. Like my Glock 21 Gen4 came with three 13rd magazines. The store clerk said he can’t ship them to NY. I told him yes he can because my FFL will buy them off me or trade them for 10 rd mags. However this recently discovered rule in the 4473 opens up opportunities for a lot of people.

In the 4473, under Current Address and State of Residency, there is a section that clarifies it. It states that if you have a house in a different state and while you are vacationing there, you must use that address while you are there buying guns.

4473 address
What does this mean for you and me? Well, you can buy handguns in different states and take them with you rather than ship them to another FFL in the other state. Granted you need to have a home or apt with a supporting govt document that shows your address of that other state.

So my friend who is still living in NY, has a house in PA .He could go to a PA FFL and buy any gun he wants because he is using his PA address as his current residence. He can get any handgun or AR15 that would be banned in NY and leave them in his home in PA. According to the excerpt above, that would be completely legal.

The BATFE enforcement seems to be all about nuance (except concerning Fast & Furious, of course!).

When it comes to completing this form, watch your back, Jack!  (or Jane!)

Witless For The Prosecution

Witless for the Prosecution: New York DA Forces Staff to Forgo Second Amendment Rights
Madeline Singas, Acting District Attorney for Nassau County, New York, is a hypocrite.
Worse, she is willing to gamble with the lives and safety of her
staff and their families for her own perceived political benefit.
While claiming “a commitment to justice, compassion, and integrity”
and boasting about keeping “more vulnerable people safe,” she enforces
a policy of mandatory disarmament amongst the attorneys who put their
own safety on the line to administer justice in her jurisdiction.
On Monday, Prof. Eugene Volokh broke the story that the Nassau County District Attorney’s Office bars prosecutors from having handguns, even at home.
I remember, in my previous life, working as a private investigator/process server.
And the county presiding Superior Court judge (the guy over the courts,
staffs, attorneys, and clerks) made a decision that all shall be
And it came to pass that metal detectors were installed in the Superior Court,
and that unless one had credentials and a badge,
one was required to be defenseless on the premises. This meant leaving one’s
sidearm in one’s vehicle, subject to burglary – as the court parking lots
were not very secure!The judge further conveyed even process servers under his jurisdiction shall be unarmed!
 In the field!I’m sorry, your honor, but many process servers were attacked and even shot!  

Fortunately, as this is Arizona, he didn’t extend his ‘authority’ to our homes.

AND, an historic court decision (1873?) held that court officers had the right
to be armed anywhere in the State!

SO, many of us were.

(Thankfully, at least in the federal building, they provided lockers!)

Hopefully, New York will get a clue…



THE STELLA AWARDS                               
               Only in the USA___________
For those unfamiliar with these awards, they are named after  81-year-old Stella Liebeck who spilled hot coffee on herself and successfully sued the McDonald’s in New Mexico, where she purchased coffee.  You remember, she took the lid off the
coffee and put it between her knees while she was driving. Who would ever think one could get burned doing that, right?
That’s right;  these are awards for the most outlandish lawsuits and verdicts in the  U.S. You know, the kinds of cases that makeyou scratch your head.  So keep your head scratcher handy.
Here are the Stella’s for 2015  !!!!
Kathleen Robertson of Austin, TX was awarded $80,000 by a jury of her peers after breaking her ankle tripping over a toddler who was running inside a furniture store.  The store owners were understandably surprised by the verdict, considering the running toddler was her own.
    Start scratching!
           * SIXTH PLACE *
Carl Truman, 19, of Los Angeles, CA won $74,000 plus medical expenses when his neighbor ran over his hand with a Honda Accord.  Truman apparently didn’t notice there was
someone at the wheel of the car when he was trying  to steal his neighbor’s hubcaps.
Scratch some more…
         * FIFTH PLACE *
Terrence Dickson, of Bristol, PA, who was leaving a house he had just burglarized by way of the garage. Unfortunately for Dickson, the automatic garage door opener malfunctioned and  he could not get the garage door to open.  Worse, he couldn’t re-enter the house because the door connecting the garage to the house locked when Dickson pulled it shut.
Forced to sit for eight, count ’em, EIGHT days and survive on a case of Pepsi and a large bag  of dry dog food, he sued the homeowner’s
insurance company claiming undue mental Anguish.  Amazingly, the jury said the insurance company must pay Dickson $500,000 for his anguish.  We should all have this kind of anguish.
Keep scratching. There are more…
Double hand scratching after this one
         * FOURTH PLACE *
 Jerry Williams, of Little Rock, AK, garnered 4th Place in the Stella’s when he was awarded $14,500 plus medical expenses after being bitten on the butt by his next door neighbor’s beagle – even  though the beagle was on a chain in its owner’s fenced yard.
Williams did not get as much as he asked for because the jury believed the beagle might have been provoked at the time of the butt bite because Williams had climbed over the fence into the yard and repeatedly shot the dog with a pellet gun.
Pick a new spot to scratch, you’re getting a bald spot..
Amber Carson of Lancaster, PA because a jury ordered a Philadelphia restaurant to pay her $113,500 after she slipped on a spilled soft drink and broke her tailbone.  The reason the soft drink was on the floor: Ms. Carson had thrown it at her boyfriend 30 seconds earlier during an argument.
Only 2 more so ease up on the scratching…
Kara Walton, of Claymont, Delaware sued the owner of a night club in a nearby city because she fell from the bathroom window to the floor, knocking out her two front teeth.  Even though Ms.Walton was trying to sneak through the ladies room window to avoid paying the $3.50 cover charge, the jury said the night club had to pay her  $12,000…oh, yeah, plus dental expenses.
    Go figure.
    Ok. Here we go!!
  absolutely brilliant!
This year’s runaway First Place Stella Award winner was:
Mrs. Merv Grazinski, of Oklahoma City, Oklahoma, who purchased  new 32-foot Winnebago motor home.  On her first trip home, from an OU football game, having driven on to the freeway, she set the cruise control at 70 mph and calmly left the driver’s  seat to go to the back of the Winnebago to make herself a  sandwich.  Not surprisingly, the motor home left the freeway, crashed and over turned.
Also not surprisingly, Mrs. Grazinski  sued Winnebago for not putting in the owner’s manual that she couldn’t actually leave the driver’s seat while the cruise control was set. The  Oklahoma  jury awarded her, ** ARE YOU SITTING DOWN ?  **
 **   $1,750,000 PLUS a new motor home.  **
Winnebago actually  changed their manuals as a result of this suit, just in case Mrs. Grazinski has any relatives who might also buy a motor home.
 If you think the USA court system is out of control, be sure to  pass this one on.

I don’t think there’s really anything I could add.

h/t Doc in Yuma

The Well-Armed Woman

(from Woman’s Outdoor News)


Scottsdale, AZ – August 20, 2015 – Finally, a women’s only online gun forum, sponsored by The Well Armed Woman (TWAW). With the numbers of women entering gun ownership soaring, there hasn’t yet been a comprehensive online community and gun forum created for women, a place where they can share and discuss all things gun – until now.

The Women’s Gun Zone offers extensive forums covering every possible topic important to women shooters of all ages. Women can ask questions and glean from other women shooters. News feeds, videos, photos, private groups where women can “gather” based on things they have in common, as well as places to share their own photos and videos are available. Popular forum topics include the following: Purchasing the Right Gun, Concealed Carry Holsters, Owning Guns with Children, Gun Laws, Pregnancy and Shooting, Defensive Shooting, Competitive Shooting, Senior Citizens, just to name a few. New topics will be regularly and can be added by users, so no question goes unanswered.

Visit The Women’s Gun Zone here:

Great stuff, what?!


Two mothers who lost sons to gun violence joined ministers and an activist Tuesday (a week ago) in a lawsuit against three Chicago suburbs, alleging that weak oversight of gun shops has allowed criminals to easily obtain weapons flowing into a city besieged by gun violence.

The lawsuit accuses Lyons, Riverdale and Lincolnwood communities of violating the civil rights of residents in Chicago’s largely African American neighborhoods by failing to take concrete steps to make sure gun stores are not selling weapons to people who shouldn’t be allowed to carry them.

“Those illegal firearms are flowing into a pocket of communities violating the civil rights of the individuals who reside there, who are afraid to go near their windows or let their children play in the park, much less their own yards,” said Kathleen Sances, a member of the Coalition for Safe Chicago Communities, one of the plaintiffs in the lawsuit.

I suspect these victims of gun violence were probably misguided yutes (gang members or wannabes), based on the crime history in Chicago.  Perhaps the phrase above should be amended to read who lost sons to gang violence.

I also suspect between the local police oversight and the BATFE that gun shops in Chicago probably have more inspections than most in other cities with lower crime(?)

h/t Maddened Fowl, Fox News

Gay Marriage DOES NOT EQUAL (Necessarily) CCW Reciprocity!

Courtesy of NRA-ILA (in part)

On June 26, 2015, the U.S. Supreme Court issued an opinion in the case of Obergefell v. Hodges, which concerned whether same-sex marriage is a right protected by the U.S. Constitution.   Although the case did not address the right to bear arms, some pro-gun advocates began debating whether the Court’s reasoning and analysis had application to national concealed carry licensing reciprocity.

This is a reasonable question. If states that formerly did not sanction same-sex marriage now have to recognize all marriages from states that do, shouldn’t that also mean restrictive “may issue” concealed carry jurisdictions have to recognize concealed carry licenses from less restrictive “shall-issue” jurisdictions? Some commentators went even further, insisting that Obergefell has conclusively settled the national reciprocity issue in favor of gun owners.

Unfortunately, the answer is not that simple. In particular, we strongly advise concealed carry license holders not to assume Obergefell provides them with the legal basis they need to carry without an in-state license in strongly anti-gun states such as Maryland, New Jersey, or New York. Doing so at this point would still subject the traveler to arrest and criminal prosecution. 

This is so for a number of reasons, chief of which is that the U.S. Supreme Court has not yet ruled squarely on the question of whether the Second Amendment protects the right to carry a loaded handgun in public, and if it does, whether states must recognize each other’s permits. The landmark cases of Heller and McDonald only concerned the question of handgun possession in the home. 

Until the Supreme Court rules on the issue conclusively, certain reliably anti-gun jurisdictions can be counted on to exist in a state of denial and defiance. If states and lower courts can ignore a congressional statute like Firearm Owners’ Protection Act – and they do – they certainly can ignore arguments that the philosophical bases for interstate recognition of same-sex marriage compel interstate recognition of concealed carry permits.

But there is a lesson gun owners can draw from Obergefell.  An uncontested fact mentioned in Chief Justice Roberts’s dissent in the case is that no society was known to have permitted same-sex marriage before 2001. Now, in 2015, the U.S. Supreme Court has found it to be a fundamental right that cannot be overturned by any state legislature or popular referendum. Whatever one’s view of same-sex marriage, the incredible shift in this area shows what is possible when people dedicate themselves to a common cause. 

That is the true lesson of the Obergefell decision for gun owners, who should not rest until Second Amendment rights are similarly respected in all 50 states.  That is why the NRA will continue to lead the fight in the legislative, legal and political arenas to secure national right to carry reciprocity so that all Americans can defend themselves everywhere they are legally entitled to be.

I’m reminded of the early days of (sometimes) concealed gun ownership.  We (young turks) kept reading and re-reading the statutes, looking for loopholes to throw at the police, should we get nabbed carrying a concealed weapon.  (This was pre-permitage).  The problem was, neither were we legislators, nor lawyers, nor were we reading the case law.  And we weren’t local prosecutors looking to hang their hat on some young turk to show we were anti-crime!

Lets let this play out in the courts!  I sure-as-hell wouldn’t be playing fast and loose in California and Maryland with a concealed weapon these days!   

Eyes In The Sky

The Illinois State Police recently received approval from the Federal Aviation Administration to add “unmanned aircraft” to its list of tools for the next two years. In a statement released to the Sun-Times Media Wire, the police department said that it was intentionally avoiding the word “drone” because “it carries the perception of pre-programmed or automatic flight patterns and random, indiscriminate collection of images and information.”

Because an unmanned aircraft is not a drone.


Guess it all depends on what the meaning of IS is…

h/t Ars Technica, Freedom Writer’s Publishing

The Universe Plays A Joke On Government

Most of you regular readers know I HATE giving the government money.  Doing so burns my libertarian soul.

I’m still driving Ol'(insert old-timey lady name here), my 2000 Oldsmobile Intrigue.  Basically, because I’ve no other choice.  And, it’s registration involuntary ownership tax time again.

With the precursor of emissions testing.

(I always stop here to remember how the State legislator who forced through the emissions testing requirement soon left the legislature to work for the contractor who obtained the initial contract.  No dirty politics here, no sir!  :-))


I arrive just after the testing station opens and find I’m second in line.  I’m a little worried, as my car sometimes stalls at idle, and sometimes the pollution control gimmick sticks in the engine and dashboard warning lights illuminate.  Getting tested with dash lights on is a no-no!  They’ve not come on in a few weeks, so I feel they are due.

I pull up when ordered, exit the vehicle, the guy does his testing, and she PASSES!


I re-enter the vehicle and crank her to start and leave, as instructed…

AND THERE IS A BACKFIRE!  THE TESTING STATION (AND MY CAR INTERIOR) FILLS WITH SMOKE!  But, as the car is running (and there is no obvious fire or dash warning lights), I drive away victorious!

And return home (after depositing appropriate gift funds to cover costs) and pay on-line to obtain my State license tags for yet another two years!

(To those of you who help me pay to keep my car registered and insured – I salute you!)

And to the State, who forces me to go through this nonsense every couple years to extort revenue from me – you already received my salute!


I Drive A GM Car

Not by choice.

My beloved ’89 Isuzu Trooper (Molly’s Trolley) gave up the ghost in 2002.  I traded in her carcass for the only ‘decent’ car I could then qualify for.  A 2000 Oldsmobile Intrigue.

Which I still own and sometimes drive.  In 2015.

Because my being on disability means I just squeak by, and cannot afford car payments.  My last significant repair cost over $700, which I borrowed from my roommate and paid back @ $100/month.  Plus my rent.  Ouch.

I’ve oft had fantasies of getting some extra funds.  Paying off long-overdue bills and maybe getting a slightly newer car.

And, considering the questionably available maintenance and longevity of the Olds, she still runs.  Sometimes.

So, why not a GM car?

Here’s why (from Say Uncle):

First, I (and you) foot the bill for their mismanagement and union kowtowing. Now, this:

Automakers are supporting provisions in copyright law that could prohibit home mechanics and car enthusiasts from repairing and modifying their own vehicles.

In comments filed with a federal agency that will determine whether tinkering with a car constitutes a copyright violation, OEMs and their main lobbying organization say cars have become too complex and dangerous for consumers and third parties to handle.

Good thing Dave-the-genius-mechanic is moving out-of-state!  Wouldn’t want him to get in trouble for tinkering with my car.  After all, he just repairs Airbus A320s for U.S. Air American Airlines!

Guess I will now always need a G(overnment) Motors –  approved shop!

And the sad part (aside from Dave leaving the State!:-( ) is of all the beater cars I’ve owned, THIS is the one who lasted the longest!

Index, Index, INDEX!

The lovely and brilliant Tamara reminded us again of basics.  And reminded me, as well:

Continuing Education

I cannot speak for anyone else, but as much as I lecture others in these pages regarding complacency, I, too, can fall victim to it.  (Duh)

Not just the almighty INDEX (NOT placing one’s index finger in the trigger guard until one is ready to shoot – and where exactly DO you place it?  ALTHOUGH, I’M PRETTY GOOD AT REMEMBERING THIS PART!), but…

When was the last time you checked your weapon for function and safety?  Are all the mechanical parts in good repair?

AND, appropriately lubricated?

How about the magazines (speedloaders or speedstrips)?  Clean and functional?

And the ammunition?  When was the last time you changed it out for newer stuff?  Is your ‘one-up-the-spout’ (aka The Barney Bullet) seated correctly?  Or has months of recharging your sidearm crushed the case mouth?  Or seated the bullet farther inside?

How about the function and maintenance of the holster?  When was the last time it was cleaned, oiled, inspected for damage?  And the belt…


When was the last time you did a dry-practice exercise?  Including a reload or two?

And do you know the latest nuances in your State’s criminal law statutes?

Not unlike driving a car – one does it every day.  When was the last time you checked the tires?  The oil?  The transmission fluid?  Your brakes?  Reviewed the traffic code?

Do you always wear your seat belt?  (I’m a libertarian, and I do!)

But I’ve not done everything above with regard to my sidearm and it’s equipment.

I need to, more religiously.

"One morning I shot an elephant in my pajamas - how he got in my pajamas I dunno!" - Groucho Marx as Captain Spaulding in Animal Crackers

This election is not about who gets voted off the island.
It’s about who is at the tiller of this Republic’s Ship of State. - Guffaw



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"I must not fear. Fear is the mind-killer. Fear is the little-death that brings total obliteration. I will face my fear. I will permit it to pass over me and through me. And when it has gone past I will turn the inner eye to see its path. Where the fear has gone there will be nothing. Only I will remain." - Bene Gesserit, from Frank Herbert's Dune

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