This is an outrageous attempt by the fascist D.C. tyrants to prevent D.C. residents from buying handguns in spite of the USSC having confirmed that they have a right to own them. If there was any justice in this country the USSC would step in on it's own initiative and put a stop to this nonsense, but I guess that just isn't done in polite genteel judicial circles. But maybe the same pro-gun orgs like the 2nd Amendment Foundation and NRA will have their lawyers go to bat again for Heller. In light of the circuit court's previous decision on Heller's case it should be willing to issue a court order to stop this outrage. The district's tyrants seem determined that no D.C. resident is going to be allowed to own a handgun, the Heller decision notwithstanding. No court should put up with these Fascist thugs obstructing the practical implementation of the USSC decision.

The reason that the fascist D.C. regime is so terrified of guns is because they actually have an inkling of what happened at Lexington and Concord, and they are indeed scared sh*tless.

Sic Semper Tyrannis.

If you need a gun fast and just can’t wait till the District stops violating your civil rights, go the corner of 13th ST and Good Hope RD SE. Look for a big, black guy named Marion. Can’t miss him. He sniffles a lot.

That, or check the sewers near any reported shootings.

Sic Semper Tyrannis.

How many people recognize that was a state slogan before it was uttered by John Wilkes Booth?

Someone shoot Mark Segraves. He’s a hippy, and he smells.

Oops..
Story starts on page one here:

http://www.wtop.com/?nid=695&pid=0&sid=latest&page=1

The reason that the fascist D.C. regime is so terrified of guns is because they actually have an inkling of what happened at Lexington and Concord,and they are indeed scared sh*tless.

If I had my way they wouldn't be just scared sh##less, they would be riding out of town on a rail covered with hot tar and steaming chicken feathers before the sun comes up tomorrow. The residents of D.C must be remarkably tolerant people to have put up with this kind of totalitarian government for the last 35 years.

And where has Congress been all that time? Congress is supposed to be the top rung of the ladder in the D.C government isn't it? Our nation's Capitol city is a stinking cesspool of corruption, oppression, criminal-minded politicians, and Fascist administrative cops, and Congress doesn't have the guts to do anything about it for fear of being called racist.

"It's important to note, I have no desire to own a gun. In fact, once I get the gun, I'll turn it over to police or sell it back to the gun store where I bought it. This is because guns are icky and I am a raging uterus."

OOPS is right

I guess I used the URL of the 3rd page as the link to the article. Anyone reading the linked article should click back to the first page to get the whole story. Maybe if I hang around FR long enough I might just get this posting thingy down pat.

Or maybe not, I still can't program my DVD recorder to record what I want it to. Now I wish I had kept my 12 year old VCR, at least I knew how to program it and actually record what I programmed it for.

The D.C. government has the mentality of a third world dictatorship. The D.C. government and its charter should be abolished immediately.

There is, I think, a legal way to do it.

You have to have a residence in DC, and one not in DC.

Although how the heck you are supposed to legally take the gun to a DC police department, is beyond me.

Yeah I don't relate well at all to that kind of lefty reporter/columnist/blogger or whatever he is. But at least Segrave seems to be trying to show how stubbornly the D.C. police authorities are still obstructing Mr. Heller's attempts to get a gun registered and licensed even after the Heller decision.

OTOH, if Segrave is a left wing, anti-gun nutjob he may be hoping that Mr. Heller gets a gun registered and licensed and then accidentally kills some 5 year old kid and his helpless young mother with it. The antis would gladly wade through knee high innocent blood to get the D.C. gun ban restored.

There is, I think, a legal way to do it. You have to have a residence in DC, and one not in DC.

Totally wrong. For the purposes of Federal law, you can only be resident in one place at a time. You can change your residence, and bring your legally purchased guns with you; but if you are really a resident of DC, then you absolutely cannot buy a handgun anywhere else.

-ccm

"You can change your residence, and bring your legally purchased guns with you; but if you are really a resident of DC, then you absolutely cannot buy a handgun anywhere else."

Whyever not?? I'm not aware of any Federal law that prevents citizens from buying a firearm out of their state of residence, and then returning home with it.

Looks like the best move would be out of the district. Virginia is definitely better, and even Maryland has gun shops.

I lived in D.C. in the mid 60s and remember buying a hand gun in Maryland from a gun shop. No problem back then but it may have been that it was because I was a member of the military, living on a military reservation within D.C.

I believe the laws were a little looser back in those days. I remember keeping it in my car because keeping a private gun in the barracks might have been frowned on.

But maybe the same pro-gun orgs like the 2nd Amendment Foundation and NRA will have their lawyers go to bat again for Heller.

The NRA had nothing to do with Heller other than filing an amicus brief. As a matter of fact, they were against the lawsuit when it was filed. The Heller lawsuit was financed by one of those evil Libertarians that "conservatives" on this site love to trash regularly. Unfortunately, I can't remember his name at the moment.

"It's important to note, I have no desire to own a gun. In fact, once I get the gun, I'll turn it over to police or sell it back to the gun store where I bought it. This is because guns are icky and I am a raging uterus."

LOL! Nonetheless, I appreciate what this guy is trying to do. Basically, going through the difficult step-by-step process of registering a handgun in DC and then writing about exactly what these steps and roadblocks were.

DC is trying to make it so difficult to own an handgun that people will just give up in frustration. Furthermore, DC wants to have a list of gun-owners who failed the registration process that they can later arrest for unlawful possession of a handgun. Doing this will scare other gun owners into abandoning their efforts.

The Federal Government is eventually going to have to step in to enforce Heller on these morons. DC is blatantly ignoring a USSC ruling.

What DC is doing is actually wonderful: abusing the notions of “regulation”, “reasonable restrictions”, etc. so much that the meaning of the imperative “shall not be infringed” must be declared & enforced as-is. At some point the word games must stop, and DC is driving the discussion rapidly toward that point.

Seems the only legal path at the moment is the C&R license: $30 for 3 years, get stuff shipped to your door (so long as it’s over 50 years old).

Whyever not?? I'm not aware of any Federal law that prevents citizens from buying a firearm out of their state of residence, and then returning home with it

The 1968 Gun Control Act made it illegal for anyone except a federally licensed gun dealer to buy or sell a handgun across a state line. Unless you are a licensed dealer it's a federal crime punishable by a mandatory 10 year sentence in a federal prison for buying, selling, swapping, gifting, or transferring by any other type of transaction a handgun to or from a state other than the state in which you legally reside. IIRC, shotguns and rifles could be bought in an adjoining state, but only from a licensed firearms dealer. That law was modified by the 1986 GCA to allow shotguns and rifles to be bought and sold in other states which don't prohibit those transactions by state law.

I had a Federal Firearms License from the late 1980s to 1994 when Clinton ordered his BATF jackbooted thugs, aka agents, to shut down as many FFL's as possible. My little side business in guns and ammunition wasn't profitable enough for me to fight the feds in court, so when they came after me in 1994 I caved in and turned in my license without a court fight, which I would probably have lost anyway.

I have thought about getting a C&R (curio & relic) license just to expedite my gun collecting hobby. But having that license opens up your home or place of business to the BATF at least once a year for an inspection of your transaction records, and more often if they decide they have enough cause to hassle you. I had more than enough of that treatment when Clinton's thugs put me out of business and I'm sure those bad old days will be back with a vengeance if Obamassiah is elected, so I haven't decided if it's worth the trouble. Maybe if numbnuts McCain wins, very doubtful IMHO, I'll give it some more thought.

But having that license opens up your home or place of business to the BATF at least once a year for an inspection

No, it does not. Common falacy.

They may inspect your transaction records, which by law can be done at a BATFE office.

"The 1968 Gun Control Act made it illegal for anyone except a federally licensed gun dealer to buy or sell a handgun across a state line. Unless you are a licensed dealer it's a federal crime punishable by a mandatory 10 year sentence in a federal prison for buying, selling, swapping, gifting, or transferring by any other type of transaction a handgun to or from a state other than the state in which you legally reside. IIRC, shotguns and rifles could be bought in an adjoining state, but only from a licensed firearms dealer. That law was modified by the 1986 GCA to allow shotguns and rifles to be bought and sold in other states which don't prohibit those transactions by state law."

Hmmmm---my original impression was that the restriction applied to "mail-order" or internet sales---not physically going and buying the gun and bringing it back. Obviously this should be a candidate for repeal.

I'm not aware of any Federal law that prevents citizens from buying a firearm out of their state of residence, and then returning home with it.

You can buy only a shotgun or rifle, only from a licensed dealer, and only if it is legal to do so in both your state of residence and the state of purchase. Interstate purchase of handguns has been outlawed since the Gun Control Act of 1968. Violation is a felony, punishable by 5 years without parole in a Federal penitentiary.

US Code, Title 18, Part I, Chapter 44, Sec. 922

Subsection (a) (3):

It shall be unlawful for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter (i.e., 1898);

Subsection (b) (3):

It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver 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;

That may be true according to today's rules, but I was once called to the BATF district office on one occasion in the early 1990s for an "interview" involving a 1911 Colt that was involved in a murder case, and believe me an inspection of your records at your place of business is much preferable to anything that is done on the enemy's home grounds.

And anyway, unless the law has been revised since 1994, BATF can inspect your licensed business premises for suspected violations of other requirements besides your bound book and yellowsheet records. For a few examples, you must have a separate customer entrance to the business area if you operate in your home, in a building attached to your home, or a garage, etc. You also must post open days and business hours in a prominent location, and display your business license if one is required by local authorities. In many local jurisdictions you're required to carry liability insurance in order to get the business license, and in some jurisdictions such as where I operated you have to carry workman's comp in order to get the license even if you have no employees. If you are in violation of any state or local zoning laws or other retail business rules, BATF will notify the proper authorities and demand that they shut you down. That's how they got me even though my business address was supposed to have been grandfathered into the county's zoning restrictions. I could have fought it in court, but my little part time side business wasn't worth what it would have cost me to defend it.

But of course I'm talking as a small time FFL firearms dealer in the early 1990s time frame, which is the only kind of firearms license with which I have personally experienced. The requirements are probably much less stringent for a C&R licensee since a C&R license is neither intended nor legal to be used for commercial purposes. But I sometimes see and hear guys talking about getting an FFL so they can buy new and non-C&R used guns at wholesale, and believe me it's far better to pay the relatively small retail markup and stay out of the clutches of BATF's JBTs.

"Violation is a felony, punishable by 5 years without parole in a Federal penitentiary."

I said in #23 that it is a 10 year mandatory penalty for buying or transferring possession of a handgun out of your state of residence, but I should have said that it is, or at least it used to be IIRC, 10 years for a FFL gun dealer who sells or otherwise transfers a handgun to a non-FFL resident of another state. I don't know the penalty for a C&R licensee, but it's probably the same as for a FFL dealer.

"It shall be unlawful for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State..."

This seems to also be saying that if a guy lives in one state, buys a handgun, and then moves his residence to another state, he can't legally bring his handgun, despite the fact that it is legal for him to own them in either state.

I suspect that if the above is true, then this ludicrous law has made a LOT of people criminals.

Obviously this should be a candidate for repeal.

Good luck with that if the Rats keep a majority in Congress, and fogettaboutit altogether if Omamassiah is elected. I doubt it will be repealed during any of our lifetimes, and probably not after that either.

No that's not how it works. You can't legally buy, sell, give away, or accept a handgun as a gift in another state while you're living in your present state, not even from or to another private party. But if you move to that state or any other state you can take your handgun with you as long as it's legal for you to have it in that state.

When my son lived in MO I wanted to give him a 9mm Makarov for his wife's house gun, but even though I had a FFL I had to first "sell" it on paper to a local St. Louis gun store and then they "sold" it on paper to my son. That's how ridiculous our gun laws are, but the liberal gungrabbers want to make them even more ridiculous and they will if they get the chance.

"But if you move to that state or any other state you can take your handgun with you as long as it's legal for you to have it in that state."

Good. I was afraid I had inadvertently commited a federal crime by moving from Louisiana to Washington.

But I agree with you that the law is ridiculous. I just wasn't aware of HOW ridiculous.

It’s only the out-of-state purchase that is controlled. Once the gun is purchased, you can carry it to any other state where it is legal to possess, under the terms of section 926A of the same chapter. When you are first crossing the border, you are not a resident of the state into which you are taking the weapon, so you are legal. After you are inside the borders of the state you can then take up residency, without triggering the importation clause, because your guns were already imported into the new state legally before you became a resident.

What you describe is entirely true for full FFLs, but not C&R FFLs. The latter is limited by law to inspection of the records, and that may be at the BATFE office at the licensee’s choice. C&Rs also do not require any brick-and-mortar location, nor posted hours (as it is absolutely not a business). Zoning restrictions are rarely an issue, as it’s one’s personal collection.