The bill, sponsored by Del. Scott Lingamfelter, R-Prince William County, prohibits anyone but law enforcement officers from trying to make an illegal gun purchase from a firearms dealer.
So it's OK if "The Only Ones" do it?
I need someone who's more of a policy wonk than me to explain this, but there is an exception for "A private security company licensed to do business within the Commonwealth," so Bloomberg's Mintz Group co-conspirators may just need to get a business license to operate in The Old Dominion--assuming they don't have one already.
I would have thought that, state law notwithstanding, these stings--if they actually involved "illegal purchases"--would violate GCA '68 and various aspects US Code, both for the individual who lied on the Form 4473, and for the recipient/"prohibited person". Why Bloomberg & Co. aren't currently under indictment is beyond me--or would be if I didn't know how "The Only Ones" operate.
10 comments:
"I need someone who's more of a policy wonk than me to explain this"
Believe it's called 'legaleze'. A very difficult language to learn. Generally, the only ones (pun intended) that can understand it are serpents.
so not only do we have unconstitutional laws...now we've got redundant unconstitutional laws. Is it just in case one is struck down?
I would have thought that, state law notwithstanding, these stings--if they actually involved "illegal purchases"--would violate GCA '68 and various aspects US Code, both for the individual who lied on the Form 4473, and for the recipient/"prohibited person".
And, PLEASE, let us not forget 'Conspiresy to commit a felony'...
Any person, except law enforcement in the performance of official duties, who attempts to solicit, persuade, encourage, or entice any dealer to sell or otherwise convey a firearm other than to an actual buyer shall be guilty of a Class 6 felony.
This modification of the law makes it a felony for anyone to even TRY TO GET a gun dealer to make a sale to a straw purchaser, even if the sale does not go through.
There are exceptions for purchasing a firearm for someone else as a bona fide gift, law enforcement in the performance of their duties and security companies that may be purchasing firearms for their employees.
The point is to make Bloomberg's little "sting" operation illegal on its face. They may be able to weasel out of charges for the stunts that they've already pulled, but after this law goes into effect, Bloomberg's minions will have committed a class 6 felony JUST BY TRYING to execute a similar sting in the future, even if they fail to entice the dealer to make the sale.
This is not redundant, it is in direct response to Bloomberg's nonsense. This is supported by the VCDL. It SHOULD be unnecessary, but based on the lack of action so far by BATFE, it seems that it is needed to prevent Bloomberg's abuses from continuing.
If he tries that crap again in Virginia, we won't NEED ATF to "investigate". The Virginia Attorney General will be able to file state felony charges against his minions directly and against him for conspiracy.
Thanks sailorcurt. I really didn't want to wade through all the text to get the upshot of the bill--I appreciate your condensing it in terms I'm capable of following.
"....except for member of law enforcement ....." leaves the bill wide open for abuse unless much more narrowly defined. To wit, must they be in their own jurisdiction? If not, must they be superved by local LE? if not, must they notify local LE?
Does agency by employment or contract to a law enforcement agency confer exemption for the stated " member of law enforcement"?
Not trying to nitpick, but just looking at all the ways these snaky sonsabitches will argue their way around this law under its current language.
you tired to do what?
conduct an illegal purchase of a firearm.
Really, for who?
Mayor Bloomberg's war on guns.
OH, well in that case I hearby deputize you...when did you conduct this attempted purchase?
January first
I hearby deputize you this day, December 31st.
To wit, must they be in their own jurisdiction?
In order for them to be "in the performance of their official duties" yes.
As far as ex post facto deputization...I can't imagine that such a tactic would stand, but you can't legislate against every potentiality of corruption or immorality.
Should we have stood by and done nothing because there may be loopholes in the new law?
All I can say is that the VCDL will remain vigilant against such abuses. Bloomberg doesn't have many friends in Virginia...we've got a good idea who we need to keep an eye on.
Which of the other targeted states have done ANYTHING to prevent such abuses in the future?
We are still fighting to get ATF to actually do their jobs, but, in the event that they fail to uphold their duties for political reasons, we are taking active steps to prevent it from happening again.
Every step may not be perfect, but at least we are doing what we can. It makes me proud to be a Virginian and a member of the VCDL.
I don't doubt that what I said above could happen at all. I'd be more surprised if it didn't happen that way.
OK, since I'm in Ohio, where shops have been targeted by the gun banning whore...is there draft legislation that I can slap some of the folks in Columbus with? It's worth a shot even if all my local reps are as anti-gun as bloomturd.
Hobbit,
I was going to email you but I couldn't find contact info.
Drop me a line if you want to discuss this.
The link to the entire bill is in David's original post.
The bill lists the entire section of Virginia Code with the proposed new language in italics. Here is a summary of the added text (new language in italics):
G. For purposes of this section:
"Actual buyer" means a person who purchases or otherwise acquires a firearm for himself or as a legitimate gift for a third party.
L. Except as provided in § 18.2-308.2:1, any dealer who willfully and intentionally sells, rents, trades or transfers a firearm in violation of this section shall be guilty of a Class 6 felony. Any person, except law enforcement in the performance of official duties, who attempts to solicit, persuade, encourage, or entice any dealer to sell or otherwise convey a firearm other than to an actual buyer shall be guilty of a Class 6 felony.
The key is to ensure that all currently lawful and legitimate sales remain so, to not effect legitimate law enforcement efforts to investigate suspected corrupt dealers, but to inhibit Bloomberg's vigilante "investigations" by making the very act of attempting such a "sting" operation a felony.
The actual language that would be effective in Ohio would have a lot to do with fitting it into current Ohio Code.
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