Tag Archives: prohibited person

Lax Gun Laws Redux

Over the weekend there was a shooting in Cleveland, Ohio; nine wounded, apparently — thank G-d — none killed.

Cleveland’s mayor blames lax gun laws in the state and nation.

In a news conference Sunday, Cleveland Mayor Justin Bibb said the shooting “truly shows the massive gun problem we have, not just in Cleveland, not just in Ohio, but across this nation.”

And Bibb and CBS wants us to know just how lax Ohio’s laws are.

Bibb referenced an Ohio law passed last year that allows any “qualifying adult” to legally carry, possess or conceal a handgun without a license, background check or training requirements. Bibb said gun violence has increased statewide since the law took effect.

Let’s take that one at a time. Just what is a “qualifying adult”? According to Section 2923.111 | Concealed carry by a qualifying adult that would be:

(2) “Qualifying adult” means a person who is all of the following:

(a) Twenty-one years of age or older;

(b) Not legally prohibited from possessing or receiving a firearm under 18 U.S.C. 922(g)(1) to (9) or under section 2923.13 of the Revised Code or any other Revised Code provision;

(c) Satisfies all of the criteria listed in divisions (D)(1)(a) to (j), (m), (p), (q), and (s) of section 2923.125 of the Revised Code.

A somewhat more honest outlet notes that the alleged perp has a bit of a criminal record.

19 Investigates learned Jennings’ criminal record dates back to at least 2018.
[…]
Court records show lots of criminal convictions in Lorain County and Cuyahoga County including several instances of drug trafficking and drug possession.

Jennings is currently facing charges in Lorain for possession of a controlled substance, driving with a suspended license, domestic violence, unauthorized use of a motor vehicle, and unlawful restraint.

So, multiple felony convictions, drug convictions, under indictment… And how is a 25 year old guy with that many adult convictions (and indictments including disqualifying domestic violence) still walking free at all?

This guy is not a “qualifying adult,” Bibb (and CBS). Maybe the problem isn’t one of guns, but of lax enforcement that allows violent criminals to walk free to be even more violent.

As for the insinuation that Cleveland’s violent crime problem is recent, and somehow caused by a law recognizing the right of honest people to carry… not so much. It’s a anecdotal, but I’ve been to Cleveland.

Back in the mid-90s, I had to go there to assist another tech with some radio work. It had to be done in the middle of the night, so as to cause a minimum of disruption to customers. Show of hands:

How many of you believe that we dragged a hand truck loaded down with thousands of dollars of gear through downtown Cleveland at midnight, unarmed? And screw company policy.

No, Cleveland’s crime problems are not recent. And they aren’t caused by the honest people.

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Nomenklatura: Laws For Us, But Not For Them

Hunter Biden has finally been charged for that handgun he bought (and lied on the 4473) back in 2018 when he admitted to being a unlawful drug addict. But they’re essentially letting him off.

With “diversion.”

The defendant has agreed to enter a Pretrial Diversion Agreement with respect to the firearm Information.

The remaining tax charges are — conveniently — mere misdemeanors. So the Tier-1 offender escapes any felony conviction. Not so much for us Tier-2 peons, as Deja Taylor recently discovered.

Crackhunter is charged with violating 18 U.S. Code § 922(g)(3), unlawful drug user in possession of a firearm. What he mysteriously is not charged with is a 18 U.S. Code § 922(a)(6) violation: lying on the 4473.

(6)for any person in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition under the provisions of this chapter;

That’s what the feds nailed Deja Taylor on, along with using unlawful drugs. Biden dodged both, for some strange reason. Must be nice to be the son of President Gropey Dementia.

18 U.S. Code § 924(a)(2), establishes penalties, and here I see a problem. (a)(2) reads:

(2)Whoever knowingly violates subsection (a)(6), (h), (i), (j), or (o) of section 922 shall be fined as provided in this title, imprisoned not more than 10 years, or both.

But the crackhead is charged with violating 18 U.S. Code § 922(g)(3). The applicable penalty for that is in 18 U.S. Code § 924(a)(8).

8)Whoever knowingly violates subsection (d) or (g) of section 922 shall be fined under this title, imprisoned for not more than 15 years, or both.

So let’s summarize: If you’re not a Biden, within mere months of being caught lying on the 4473 and unlawfully possessing a firearm, you’ll be facing two years of hard time in Club Fed.

If you are a Biden, the feds will cover for you for years, and when finally cornered and forced to appear to do something, you’ll be allowed to avoid any felony conviction, much less any prison time. And they’ll “accidentally” use the wrong penalty citation to make it look like you faced less time than what federal law actually calls for.

You might want to bear that in mind if you, as a second tier citizen as opposed to Tier-1 nomenklatura, get busted for a pistol brace or bump stock; and act accordingly.

 

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MSU Shooter: Felon? Prohibited?

I keep seeing conflicting reports about the legal status of the Michigan State chumbucket. This one is typical.

PICTURED: Woke prosecutor who refused to jail or even ban MSU shooter from buying a gun after his 2019 felony weapons charge
The MSU gunman who killed three students in a senseless spree on Monday should have been banned from buying guns after being charged with a felony in 2019 – but a woke prosecutor lowered the offense to a misdemeanor.
[…]
It remains unclear where and when McRae bought the weapon used in Monday’s attack, but he wouldn’t have been able to do so legally had the prosecutors gone through with the felony charge.

Fortunately, there are some better, more detailed reports, like this one.

Chum-boy was originally charged with felony carry without a license. The charge was lowered to misdemeanor transport in a vehicle under Michigan Penal Code Section 750.227c. In fact, the description of the apparent arrest circumstances make the misdemeanor charge a more accurate description of what he’d done, and thus more appropriate.

But did that make it legal for him to buy or possess a firearm? Look at 750.227c closely.

A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $2,500.00, or both.

Now look at 18 U.S. Code § 922(g)(1).

)It shall be unlawful for any person—
(1)who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

Note: punishable, not whatever lower sentence might have actually been imposed. State law may not regard him as a prohibited person, but federal law certain does.

Michigan should have reported him to NICS. Did they? When was the murder weapon purchased?

Could this have been prevented by the state simply following existing law, instead of gleefully embracing it as a chance to pass more victim-disarming people-control laws?

 

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Voluntary Forfeiture Of Second Amendment Rights

Democrats have pushed yet another troubling gun control bill through the House Judiciary committee, setting it up for a floor vote. The bill is H.R.8361 – Preventing Suicide Through Voluntary Firearm Purchase Delay Act.

This proposed law would create a new NICS database of people prohibited from obtaining firearms. Not criminals, or those adjudicated mentally ill; it’s to be a database of those stupid enough to voluntarily surrender their 2A rights. OK, perhaps those crazy enough to beg Daddy Government to protect them from themselves should not have guns. But you won’t see me “volunteering” for this. More on that point in a moment.

First off, the bill’s name — Voluntary Firearm Purchase Delay — is an outright lie.

When an FFL makes the NICS call, and the feds find your name on this list, the dealer is not told to delay the purchase. There’s no waiting period. It’s an outright denial just as if you were a convicted felon; the dealer is to be told that it would be unlawful to transfer a gun to you. Which is probably exactly what the dealer is going to assume (and might even call the cops on you).

And it would be unlawful, because this bill amends 18 U.S. Code § 922(d) to add voluntary idiots to the list of prohibited persons.

Personally, if anyone had asked for my input — and persuaded me that any such law was necessary (ha!) — I’d have gone a different route: Instead of adding suckers to the prohibited list and issuing denials, the dealer would simply be told that the would-be buyer requested that he not be allowed to buy a gun. Then it would be up to the FFL to decide, with specific language exempting them from any liability for not violating the buyer’s 2A rights.

The next issue is how one would get into that database. There are two ways.

First, fools can present a gov-issued photo ID in person (“where” isn’t explained), and give up their rights.

Secondly, someone can email a copy of a driver license along with a letter from a mental health professional that includes the “name and license number of the professional and the name and date of birth of the individual.”

Maybe I’ve got a couple of ‘noids showing, but…

Who has a copy of your driver license? Did the bank make a copy when you opened your account? Did some online or brick store make a copy when you bought an age restricted product? Or maybe an employer (or potential employer) wanted a copy to comply with E-Verify. I’ve done all of the above.

Just imagine someone with a copy and a grudge… maybe against you, maybe the 2A in general. They’ve got your name and date of birth. But that darned mental health pro’s name and license number…

I did one single web search, taking less than 30 seconds, that gave me the name, address, and license number of a random clinical psychologist. Problem solved. Interesting what you can find online; it’s probably good that I try to be an honorable person.

Another interesting point: When you — or some less than honorable scumbag — requests that you become a prohibited person, you/him can include up to five email addresses to be notified if you do attempt to buy a gun, or try to get off the naughty list. Maybe even “registry@atf.gov.”

Getting off said naughty list sounds simple enough. You just make the request — with the same documentation that got you on it — and the feds are supposed to remove you.

Three weeks after they acknowledge receiving your request. Maybe that is the “delay” they meant.

Or you can look up a mental health pro as above, and fake the letter. That’s supposedly going to get you out of the database in 24 hours. Lemme bookmark that psychologist I found…

Frankly the only good not as horrible part of this is that database victims are only prohibited persons under 18 U.S. Code § 922(d), not section (g). So you won’t instantly make yourself (or someone else) a criminal simply for currently possessing firearms. Unless they tack on an amendment.

Now for the bad news. I think this garbage has a fair chance of passing. H.R.8361 had two original sponsors; one a rabid Dim-wit as you should have expected, and one Repugnantcan. As you also you should have expected. Reps tend to like infringements for “law ‘n order” and this is only “voluntary.” If the Dims can move this to the floor and force a vote this session, before the new Rep bare majority takes over, it’ll go to the Senate, where…

“law ‘n order” and this is only “voluntary.” I think they’ll get the votes.

And then what other rights will they look at “voluntarily” criminalizing?

 

Carl is an unpaid TZP volunteer. If you found this post useful, please consider dropping something in his tip jar. He could really use the money, what with ISP bills, site hosting and SSL certificate, new 2021 model hip, and general life expenses.
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