Friday, July 09, 2010

A Legal Bleg

Received the following from a regular reader. He's asking me questions way above my pay grade, so I'm soliciting informed opinions.
My father-in-law is a Norwegian Citizen, as is of course my wife. He kindly offered to me as a gift a Sauer & Sohn 7.65

http://www.handgunsmag.com/featured_handguns/sauer38_082306/

I have found that according to the ATF, it carries 69 points and needs 75. I assume this is part of the "Sporting" use nonsense.

Would love to publicize this whole harangue--I am in Kuwait--a Florida National Guard soldier here...my wife in Norway can legally own the thing, but in the US, I can't. We might not be able to press delete all at once on the GCA, but can't we whittle away at the "Sporting" use section. The 2A is hardly about sports and neither is it some traditional home defense remedy. What is Alito trying to sell that "due Process" pablum? Thomas is the only one who got it right.

Anyway, I wouldn't mind any suggestions. Also, if you suggest a lawyer willing to look into it--assuming you think it's something a lawyer would want to look at (would I be denied standing?---do you have to go to jail to get standing?) If I had standing and a lawyer, any ideas how to fund that little excursion--I doubt the NRA will be interested in the "Sporting" use clause of the GCA--I get the impression, Sports is what the NRA thinks 2A is about!

Your thoughts are welcome...I don't have a charity backing me up if you say "go for it"
Addendum:
Some extra details. I have a CR FFL---they told me that was not a good enough FFL even had it had the 75 points--and the item is > 50 years old--but the main issue is challenging the Sporting Rule. Here is the worse item...My Father-in-law's papers indicate it is defective, so it likely can't ever shoot---but I can't be sure. I am in Kuwait with my unit and have not seen the weapon in person.
Thoughts? Discussion?

7 comments:

zach said...

If it can be safely secreted in, don't worry about the law at all. Once it's here, there will be no problem.

Anonymous said...

Thanks, but that is not really helpful. And it doesn't advance the cause.

SA-1776

Anonymous said...

Just keep obeying every stupid law that comes along and you will find yourself in the far corner of a closet wondering how the hell you got there. Grow some balls and use a little common sense. Oh, that might offend someone.
Never mind.

David Codrea said...

I guess I should have known better than to ask for a bit of help.

Forgive me.

Thread closed unless someone wants to actually offer something constructive to the question at hand.

Anonymous said...

Mail it home in seperate pieces or just kiss it good-bye.The thing isn't worth all the legal hassle or cost. Not trying to be smartass, just realistic.

Mayor Joel Stoner said...

carries 69 points, and needs 75? What is this? Like the number of parts required to be made in USA for a modified SKS? Looking at pictures on a website, it looks like a semi-auto pistol. Should be no problem to import at all. Would be interesting to know more about what they are talking about with this point system. to my knowledge there is no ban on new semi-auto being imported.

Anonymous said...

Unfortunately, you would be wrong. I spoke with the ATF myself. And there are plenty of semi-auto firearms you cannot import. The Walther PPK is an example. It ALSO is outlawed under the GCA. You can import the PPK/S but not the PPK.

And the firearm is not new. Also, they can't just be mailed. All packages are x-rayed. And breaking down a gun won't hide the frame outline nor the individual parts--and in any event--the purpose is to use the opportunity to whittle away at the Sporting Use requirement of the Gun Control Act. It's nice that you are all pro 2A, but you really ought to be familiar with the laws you say you hate and ought to know wht is and what is not legal (none of it is constitutional). All of you should become intimately familiar with Title 18 USC Ch. 44.

There is an importation branch of the ATF. Call them up. Learn.

How many of you have ever spoken to the ATF or read the gun laws. They are all published and are available. Get an inexpensive C&R FFL and they send you the Federal as well as the regulations for all 50 states and US territories.

SA-1776