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It’s A Trust Issue

(copied in full from my friend Old NFO)

The rest of the story… On how badly BO’s executive orders on gun changes are…

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) is moving forward with more gun restrictions under President Obama’s new executive action. The ATF’s latest regulations would affect trusts and legal entities seeking to make or transfer a firearm.

The new rules would define who is the “responsible person” at these organizations that must comply with background check requirements. The current regulations target individuals who apply for guns. But the new rules would expand these regulations to an estimated 231,658 “responsible persons” at these trusts and legal entities. The ATF estimates the rule could cost industry as much as $29 million each year to comply with.

Such trusts have typically been used by collectors, to reduce NFA processing time. This rule change does replace the requirement for prior endorsement by a jurisdiction’s Chief Law Enforcement Officer for transfers to individuals with one for the CLEO to be notified of all NFA transfers.)

The FEDREG link is HERE. The official title is: Machineguns, Destructive Devices and Certain Other Firearms; Background Checks for Responsible Persons of a Trust or Legal Entity With Respect To Making or Transferring a Firearm.

It’s read it and weep time… Pretty much obviates most of the existing trusts. I’m having mine re-written to bring it more in line (if possible) with the new rules.

So, there we have it.  Further obfuscation by the Administration with regard to EVERY CITIZEN’S CIVIL RIGHTS.

Can you imagine the outrage if such restrictions had been placed by government fiat on Freedom of the Press or Speech?

Sickening.

They’re Dropping Like Flies!

…but some are returning!  :-)

I’ve been reviewing my blog roll, TGBBL, and other lists of blogs, and have noticed many people are no longer blogging, or have not blogged in some time, or have died, or whatever…

And that makes me sad.

BUT, Peter wrote today that LAWDOG has been convinced to begin blogging again, AND plans on a BOOK regarding his adventures!

HUZZAH!

Please go welcome him back!

The LawDog Files

How To Buy A Gun From The CMP!

Well, part one, anyway.

How to qualify…

(courtesy of The Firearm Blog)

How to Buy a Firearm From The CMP? Part 1: Becoming Eligible

Ever since the news broke that the CMP would be able to sell M1911 handguns to the shooting public, thanks to a provision in the 2016 National Defense Authorization Act, I have received a lot of emails and comments asking me “how do I qualify for the CMP?” Well, you’re in luck: Not only will I be walking our readers through the process, but it’s easier than you think!

My regular readers will know that I’m a fan of long, multi-part series that go in-depth into a historical or technical subject. However, don’t be fooled by the “Part 1” in the title; I intend to keep this series as short and sweet as possible, while still adding the detail you need to get qualified for the CMP. I’ve broken it into parts for your convenience, and so that those who want to buy rifles now do not have to wait for my full review of the CMP Service Grade M1 I have ordered. This first post will cover how to put together eligibility. I have already completed this process from top to bottom, and received on the day that I write this an email confirming that my eligibility has been validated and I am now on the list to receive a rifle.

The CMP does have on their website a list of requirements, but their explanations of what counts and does not count, and how to order can be vague, and much of the information you need is buried behind links on the CMP’s home page. You can follow the hyperlink here to reach the page you’ll need, but if navigating the website itself, scroll down and click the link called “SALES & SERVICES”, and once that page has loaded, scroll down again and click the link called “RIFLE SALES”. Then, scroll down that page to reach the tab labeled “ELIGIBILITY REQUIREMENTS”.  Now, you should be presented with a page with this text:

REQUIREMENTS FOR PURCHASE

By law, the CMP can sell surplus military firearms, ammunition, parts and other items only to members of CMP affiliated clubs who are also U.S. citizens, over 18 years of age and who are legally eligible to purchase a firearm.

PROOF OF U.S. CITIZENSHIP:

You must provide a copy of a U.S. birth certificate, passport, proof of naturalization, or any official government document (When using a military ID to prove citizenship, must be an E5 or above) that shows birth in the U.S. or states citizenship as U.S.

PROOF OF AGE:

You must provide proof of age. Usually proof of citizenship also provides proof of age. In those cases where it may not, a driver’s license is sufficient.

MEMBERSHIP IN CMP AFFILIATED ORGANIZATION:

You must provide a copy of your current membership card or other proof of membership. This requirement cannot be waived. The CMP currently has over 2,000 affiliated organizations located in many parts of the country. CMP Club Member Certification Form- If your CMP affiliated club does not issue individual membership cards, please have the club fill out the CMP Club Member Certification Form and return it with your order.

Membership in many of these organizations costs $25.00 or less and can be accomplished online. A listing of affiliated organizations can be found by clicking on our Club Search web page at http://ct.thecmp.org/app/v1/index.php?do=clubSearch. If you have any difficulty in locating a club, please contact the CMP at 256-835-8455 or by emailing CMP Customer Service. We will find one for you. In addition to shooting clubs, the CMP also has several special affiliates. Membership in these organizations satisfies our requirement for purchase. These special affiliates include: Congressionally chartered veterans’ organizations such as the VFW, AL, DAV, MCL, etc. U.S. Military services (active or reserves), National Guard, to include retirees. Professional 501(c)3 law enforcement organizations and associations such as the FOP, NAPO, NSA, etc. The Garand Collector’s Association is a CMP Affiliated Club. You can download a Garand Collector’s Association Application Form.

Note: Club membership IS required for purchase of rifles, parts, and ammunition.

Club membership is NOT required for instructional publications or videos or CMP memorabilia.

MARKSMANSHIP OR OTHER FIREARMS RELATED ACTIVITY:

You must provide proof of participation in a marksmanship related activity or otherwise show familiarity with the safe handling of firearms and range procedures. Your marksmanship related activity does not have to be with highpower rifles; it can be with smallbore rifles, pistols, air guns or shotguns. Proof of marksmanship participation can be provided by documenting any of the following:

  • Current or past military service.
  • Current or past law enforcement service
  • Participation in a rifle, pistol, air gun or shotgun competition (provide copy of results bulletin).
  • Completion of a marksmanship clinic that included live fire training (provide a copy of the certificate of completion or a statement from the instructor).
  • Distinguished, Instructor, or Coach status.
  • Concealed Carry License.
  • Firearms Owner Identification Cards that included live fire training. – FFL or C&R license.
  • Completion of a Hunter Safety Course that included live fire training.
  • Certification from range or club official or law enforcement officer witnessing shooting activity. Complete the CMP Marksmanship Form to certify your range firing and the required marksmanship related activity for an individual to purchase from the CMP.

No proof of marksmanship required if over age 60. Proof of club membership and citizenship required for all ages. NOTE: Proof of marksmanship activity is not required for purchase of ammunition, parts, publications or memorabilia.

BE LEGALLY ELIGIBLE TO PURCHASE A FIREARM:

The information you supply on your application will be submitted by the CMP to the FBI National Instant Criminal Check System (NICS) to verify you are not prohibited by Federal, State or Local law from acquiring or possessing a rifle. Your signature on the Purchaser Certification portion of the purchase application authorizes the CMP to initiate the NICS check and authorizes the FBI to inform CMP of the result. IMPORTANT: If your State or locality requires you to first obtain a license, permit, or Firearms Owner ID card in order to possess or receive a rifle, you must enclose a photocopy of your license, permit, or card with the application for purchase.

IMPORTANT:

If your State or locality requires you to first obtain a certificate, license, permit, or Firearms Owner ID card in order to possess or receive a rifle, you must enclose a photocopy of your certificate, license, permit, or card with the application for purchase. Rifle shipments to NY and NJ must be made to a state licensed dealer. You must provide a copy of the dealer’s license with your order form. Rifle shipments to CA must be made to a State licensed dealer or may be made to individual homes, providing that a CA Certificate of Eligibility and a Curio and Relic License are provided. Rifle shipments to CT must be made to licensed or dealer or may be shipped directly to the customer if a C&R license is provided.

As a result of CT Bill 1160 and Bill 13-220 , which revised CT Bill 1160, all CT customers purchasing rifles to be delivered in CT must have the rifle shipped to a CT licensed dealer or must provide us with a copy of their current Type 3 (C&R) FFL license. We can ship directly to a customer’s home if they possess a C&R license.

NY, NJ and CT customers who have already mailed their rifle orders to CMP should provide custserve@thecmp.org with dealer information or order cancellation instructions. Information can also be faxed to 256-835-3527 or mailed to CMP Customer Service, (Attn: FFL Order), 1401 Commerce Blvd., Anniston, AL 36207.

This page tells you everything you need to know to achieve eligibility for the Program, but even once I had read this, I still had many questions. In my case, I had a copy of my birth certificate, a couple of ways to achieve the third qualification that would require a little legwork, and nothing to meet the club requirement. In 2011, I had completed an Appleseed course, but I over the course of two moves, I had lost the green slip that certified my completion. I also had completed a handgun course for my concealed carry license, but, likewise that paper was in another state (safe and sound, but still a week away by mail, and I wanted to put in the order as soon as possible). Fortunately, I remembered the name of my Appleseed instructor, and was able to get in touch with him via the Appleseed Forums. He emailed me my green slip, which I printed out immediately and put together with my growing packet of information. I could equally have had a scan of the handgun course certificate emailed to me, or, if push came to shove, I could have had a range officer at the local range certify me via the CMP’s online marksmanship certification form. My understanding is that almost any shooting course will suffice for this requirement, but if you’re unsure you can always call the CMP before 4:00 PM Eastern Time on a weekday to check.

Many believe that joining a CMP-affiliated club will be one of the most difficult steps in the process; it’s actually one of the easiest. In my case, I used the CMP’s club search function to find the Louisiana Shooting Association, which allowed me to join online for the princely sum of ten dollars and fifty cents ($10.50). I called up the club’s treasurer to inquire what sort of documentation I would need, and he told me that while they do issue membership cards via email, I could simply use my receipt of payment to the club for the CMP. Bingo, I was in business.

It’s as simple as that! In Part 2, we’ll look at how to actually order from the CMP!

– See more at: http://www.thefirearmblog.com/blog/2015/12/04/how-do-you-buy-a-rifle-from-the-cmp-part-1-putting/?utm_source=Newsletter&utm_medium=Email&utm_content=2015-12-08&utm_campaign=Weekly+Newsletter#sthash.FyoARwqb.dpuf

From The Firearms Blog, RE: The 4473…

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.
h/t NRA-ILA
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
unarmed.
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…

STELLA!

stella

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  !!!!
      * SEVENTH PLACE *
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..
    * THIRD PLACE *
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…
      * SECOND PLACE*
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!!
* FIRST PLACE *
  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)

TWAW-Glock

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: www.thewomensgunzone.com

Great stuff, what?!

Litigiousness

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.

RIGHT?

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

h/t Ars Technica, Freedom Writer’s Publishing

"Round up the usual suspects."

In Loving Memory…

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