Anti-Gun UMass student commits federal firearms felony

[LFS]

This is almost too good to be true.

In an attempt to show how lax federal gun laws are, this University of Mass. student went to New Hampshire and bought a gun. And in the process, he broke the law.

http://dailycollegian.com/2010/02/16/ho ... thout-i-d/

[WildBill44]

Hope he gets a cell with some big 300 pound guy named "Bubba". Guess he sees that the laws aren't as lax as he thought!

[zephyp]

Hope he gets a cell with some big 300 pound guy named "Bubba". Guess he sees that the laws aren't as lax as he thought!

If he's the guy in the vid he will no doubt be popular with all the Bubbas...I'm sure they all like them young ones, especially uppity college boys....

[allingeneral]

What law did he break? I think he specifically says that he didn't transport the shotgun from NH to Mass - so no felony charge there.

One thing that he said that I think is total bunk was that he purchased from a private seller and that the seller broke the law by not asking him for ID. THen in a later comment on his story, he stated that the "Onus is on the seller".

That's not correct, is it? AFAIK, the onus is on the buyer to know whether or not it is legal for them to make a transaction. The seller need not ask for ID or anything. For the seller to stay within the law, he just cannot sell to someone who he "knows to be ineligible to purchase a firearm."

Does that sound about right? (IANAL)

[zephyp]

I think you are correct Rick, but wasnt the transaction in another state - NH I think. We can do that here in VA - sell guns from our trunk without asking for ID or any questions at all other than "where's my money," but I'm not sure about other states...

[Username]

If I go to North Carolina, buy a gun from a seller there, take possession of it, even if it's just to take it down to the local NC PD office and surrender it, technically haven't I still committed a felony since I am a VA resident?

That's what he did, he went from Mass. to New Hampshire, bought a gun at the gun show without disclosing he was a Mass. resident, and while possessing the firearm at the show in NH was committing a felony.

Is that not right?

[allingeneral]

If I go to North Carolina, buy a gun from a seller there, take possession of it, even if it's just to take it down to the local NC PD office and surrender it, technically haven't I still committed a felony since I am a VA resident?

That's what he did, he went from Mass. to New Hampshire, bought a gun at the gun show without disclosing he was a Mass. resident, and while possessing the firearm at the show in NH was committing a felony.

Is that not right?

I think that only applies to pistols. Long guns can be purchased out of state, if memory serves.

[Username]

ProShooter... calling ProShooter...

[zephyp]

Yes, long guns can indeed be purchased out of state as long as you comply with the laws where you are buying and where you reside....

[ProShooter]

ProShooter... calling ProShooter...

I'm not even going to attempt to pretend I know what the laws regarding the purchase of a shotgun in New Hampshire are. It may not be a federal thing but could be something on the state level. That would require more research than I have time for right now.

[VBshooter]

After reading the story, he claims that because the seller (private)did not ask for an ID, that federal Law was broken, What I have found regarding private sales in federal gun law is that no ID or background chack is required. ,I also did some looking and private sales are just that in NH (private) No checks of ID or anything else.. Now when he brought that gun into Mass. He is required by MA law to report the purchase to the CHSP= Criminal History System Board within 7 days and that is the end of it as far as I can tell.. More to let them know he brought the gun into the state than anytrhing else.NOw to purchase a gun in MA a resident needs a purchase permit. There is probably more than this but what I have located so far seems to have covered the basics . PS DK wrote"If he's the guy in the vid he will no doubt be popular with all the Bubbas...I'm sure they all like them young ones, especially uppity college boys...." Heck yeah! with that little DB beard they,ll eat him up and be using him for currency in no time

[LFS]

Sebastian has a run down of the federal code relevant here.

http://www.snowflakesinhell.com/2010/02 ... s-student/

Essentially, it boils down to a technicality. But that hasn't stopped the ATF and US Attorney Generals from dragging people through the courts before.

And this kids argument can be boiled down to "Look, if I had carried through with this I would have done something illegal. Therefore, it should be more illegal." More illegal... what a concept.

[BluemontGlock]

"more illegal"...

lets see...the term "Assneck" comes to mind...

[allingeneral]

lol "Assneck". That sounds like the name of a town on the Eastern Shore

[smc331]

...and don't forget Asshat! (Another equally useful and amusing perjorative...)

[fireman836]

lol "Assneck". That sounds like the name of a town on the Eastern Shore

Hey its Assawoman not Assneck!