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[The new law] covers prohibited persons as defined by state as well as federal law—a significant expansion, since state criteria for gun ownership are often stricter than federal criteria. That provision, [Patricia] Richman notes in an email, “pull[s] in all state felony prohibitions on firearm possession.” …

The interaction between state law and the Bipartisan Safer Communities Act … could create traps for gun owners who do not realize how broadly and counterintuitively “trafficking in firearms” is defined. California, to take another example, has a long list of disqualifications that goes beyond federal law, including some misdemeanors that do not involve domestic violence. Prosecutors have discretion to charge gun owners who are disqualified because of misdemeanors with felonies.

Restrictions on gun ownership vary widely from state to state and often go further than federal law. In any state where violating those restrictions is a felony, a prohibited person who obtains a gun can now face prosecution for “trafficking in firearms,” even though he never actually trafficked in firearms.

— Jacob Sullum in Gun Owners Who Are Disqualified Under State Law Can Now Be Charged With ‘Trafficking in Firearms’

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63 COMMENTS

  1. Sounds familiar…in my burgh, a few female lawyers rode the “Hate Men, Blame Men” wave years back.
    No male spouse could survive a divorce, as juries were forever tainted with this new ethos.
    Horrid outcomes were the norm, and these gal lawyers are now retired in multi-million dollar estates, living the good life.
    Odd that misanthropy, if accused, is an airtight attack. No need for truth, she said it, you be GUILTY.
    Watch your six on this one. The dam is about to break…

  2. The Cornyn-Murphy Gun Control Law Will Result in Far More People Being Charged With ‘Trafficking in Firearms’

    Ok…
    So Dan/TTAG:
    What does this mean for Kel-Tec as they ‘traffic’ in firearms to Ukraine? For Obama as he traffics them into Mexico? Or Biden as he gives them to Putin via the Ukrainian Underground Railroad?

    • It is a fantasy to believe that any future Administration would prosecute a Democrat for gun-running. Obama, Biden, and Eric Holder will never go to prison for running guns. And besides running guns to Mexican gangsters. They also ran guns illegally into Syria as well.

      And that is how you can tell that the anti-war crowd is full of sh!t. They don’t protest against Democrat Wars, or the civilians that democrats kill.

      • “They also ran guns illegally into Syria as well“

        You mean the Trump administration’s arms shipments to Syria that are lost, not “properly accounted” for?

        “US military did not properly store or account for nearly $715 million in weapons for Syrian partners fighting ISIS
        By Shawn Snow
        Feb 18, 2020
        A recent Defense Department inspector general report said the U.S. military did not properly account for or adequately store nearly $715 million in weapons and equipment for vetted Syrian partners fighting ISIS.
        The report said officials with Special Operations Joint Task Force–Operation Inherent Resolve and 1st Theater Sustainment Command did not maintain a central list of gear and equipment for Syrian partner forces complicating efforts to track or inventory the weapons.“

        “The $715 million dollars for weapons and gear for vetted Syrian partners was part of a $930 million request by the DoD for Counter Islamic State of Iraq and Syria Train and Equip Funds, also known as CTEF, for fiscal year 2017 through fiscal year 2018.“

        https://www.militarytimes.com/flashpoints/2020/02/18/us-military-did-not-properly-store-or-account-for-nearly-715-million-in-weapons-for-syrian-partners-fighting-isis/

        • You forgot about all of the thousands of machine guns and select fire weapons that Obama, Holder, and Biden sent to police and Sheriff’s departments all over the United States. Given free to law enforcement departments that could never have afforded to purchase those weapons in the first place.

        • Wait a minute there, Miner. How many billions in weapons did the Biden Administration leave behind in Afghanistan due to the sudden pull out? And why are you blaming Trump for the bureaucratic screw ups of the Pentagon, an entity that has proven impossible to audit for decades? The only reason it has not been shut down and restarted from scratch is that it is too important and too big to fail.

      • Careful with your words there — democrats are not the same thing as Democrats; Democrats stopped being democrats a fair number of decades ago.

        • The Democrats of today are the present day communist party USA. They adopted all communist goals decades ago and are well down the list of accomplishing those goals. Their “useful fools” have bought into the propaganda and will go along with the party’s ultimate goal that is to destroy America.

          Be Prepared !!!

        • @ Gordon in MO–

          I can’t help but laugh at this. I know a couple of actual communists, and they are disgusted with the Democrats for many reasons, all of which boil down to “They aren’t communists at all!”, and note that only someone who has no clue what communism actually is would claim that Democrats qualify.
          Historically both of the “big two” parties in the U.S. adopted most of the Socialist program decades ago when the U.S. Socialist party was winning enough local and state elections to appear as a threat to the duopoly, but neither has ever gone much closer to communism than they did then. The difference between the two is that the Republicans have dropped most of the Socialist program from their platform while the Democrats have kept a substantial amount. What’s interesting about that for people on this board is that from the Socialist program both of the major parties adopted the position on gun control, but while the Democrats have persevered in that the Republicans haven’t (you should read some of the reports generated under Nixon; their proposals, made for the president and his party, are scary in how thoroughly they wanted to gut the Second Amendment — and though those were generated by Republicans back then, it’s the Democrats who have embraced them).
          That said, the louder gun control advocates among the Democrats still haven’t gone as far as communists would; they have yet to propose that only members of their party should be allowed to have weapons of any type. So really, thank God that the Democrats AREN’T communists!

    • How about ole Slo Joe trafficking arms to the terrorists in Afghanistan???? Or, OBlunder trafficking pallet loads of money to Iran?????

    • “For Obama as he traffics them into Mexico?”

      You may not have noticed, Barack Hussein Obama has not been president for 6 years.

      And the gun trafficking to Mexico operations started under George W. Bush:

      “The first known ATF gunwalking operation to Mexican drug cartels, named Operation Wide Receiver, began in early 2006 and ran into late 2007. Licensed dealer Mike Detty of Mad Dawg Global informed the ATF of a suspicious gun purchase that took place in February 2006 in Tucson, Arizona. In March, he was hired as a confidential informant working with the ATF’s Tucson office, part of their Phoenix, Arizona field division.“

      • @Miner49er

        You may not have noticed, but not being president now does not mean one did not commit criminal acts.

      • You forgot about those Obama supplied weapons, traced by serial numbers that the Democrats love so much, we’re traced to the Paris France terrorist bombers several years ago.

      • Miner said,
        “You may not have noticed, Barack Hussein Obama has not been president for 6 years.”

        That’s fucking rich coming from you.

  3. So some people in some states who were not prohibited persons under that states laws or federal laws who now have firearms but have a past now disqualifying misdemeanor under the new law are now criminals trafficking in firearms?

    If they would treat actual criminals that way our overall crime rate would drop to less than 10% of what it is now.

  4. St. Thomas Aquinas defined evil as a distancing from God. He posited that since God is the source of all existance, the essence of evil is non-existence. Evil activity is, therefore, always destructive, always intended to create distance from God.

    Today’s leftists work vociferously to remove human freedom (anti 1A, 2A, 4A for example), to replace autonomy with authority, to replace life with death (example: worshiping the anti-sacrament of abortion), to censor rather than celebrate diverse opinions, to pit people against each other (phoney claims of racism), to punish those who disagree, and to destroy the livelihood of their opponents. They coerce the taking of toxic medications and surpress alternatives that restore health. They spray the upper atmosphere with climate altering toxins while telling us our food supply endangers the climate and must be destroyed in favor of laboratory- grown synthetics.

    Let them eat their synthetics. Let them inject into themselves their own toxins. Let them restrict their own movements, and surrender their belongings to the state. Let them become dependent surfs, indulge in their hormone-deranged misery, and shorten their lives.

    My family and I reject all of their evil. We will stand free, live creatively, and defend ourselves against the left’s evil onslaught.

    We will be stronger than them because we move toward the good while they move toward death.

    They will destroy themselves because that is the nature of evil.

    • “He posited that since God is the source of all existance… “

      Asserting facts not in evidence.

      • The Big Bang is as close to the source of all existence as we can so far get. As to wether or not God played a roll in that event…that’s undetermined.

        • Prndll,

          Interesting point. However, Aquinas took the view that creation is not an historical event; it is a current event. Everything exists because God wills it to exist; everything exists because it shares God’s existance. According to Aquinas, creation is on-going, it is the nature of existance.

          That being said, I acknowledge your point that proof God created the universe is not absolute.

          Goedel would agree with you. He developed the proof that a system cannot be validated from within. One must step outside of the system to validate it. The conclusion must then be, the existence of God can only be proven from outside this universe.

          So, we choose our faith. God, Atheism, Agnosticism, other. Works for me!

        • Well, the one Person who was there wrote a book about it explaining how He did it. You may have heard of it. It’s called the Bible. I used to be an atheist until I got more facts and God led me to Himself. The key is being willing to consider that there might actually be a God and that he wants the best for you since He created you. Josh McDowel wrote a book called “Evidence That Demands a Verdict” where he initially wanted to prove that God was a myth. He got saved instead. A distillation of that book is “Christianity: Hoax or History.” It’s free online now. And only takes about an hour to read. Try it out. What have you got to lose?

        • @LifeSavor
          It is both a matter of historical fact that can be traced and something currently evolving. The Big Bang never stopped.

      • Test your command of the English language, minor.
        “Posited” does not mean “asserted”.

        • Miner does that kind of thing all the time. He has a bit of a confirmation bias issue.

        • Prndll,

          “…the big bang never stopped”

          You are beginning to sound like Aquinas!
          😉

  5. We’re all criminals…3 felonies a day?!? It’s a feature. The goal is eliminate all gunz & make us like the serf Albert Hall.

    • *And to punish political enemies. There’s a reason they aren’t focusing on violent crime. That’s their people.

    • Gadsden,

      “…one way trafficker…”

      More like a stop sign: “The guns arrive here and stay here”.

      🤠

    • “I’m a one way firearms trafficker….”

      Same here.
      I’ve sold a single firearm. A factor nickel finished SIG P220 that skyrocketed in value when the Eckernford production facility got locked down/closed by the German.gov.
      Saw a 5X ROI in under 14 months of ownership.
      I let that nickel P220 sit in a local Cabela’s gun library display case for a week while I considered the purchase. That was stupid.

      Used the windfall $s to pick up an Uber-rare/Unicorn NIB Bernardelli Practical VB ‘Black Stallion’. The 2nd rarest firearm in my collection.

      • I’ve got a Casper1776, it’s a rare ghost gunm, it’s in my gunm safe somewhere but I cant find it. I know it’s there because it keeps drinking my gunm oil and hiding my bullots

    • I traffic guns unless the little woman is driving!
      Funny they always end up at the same place, our house.

  6. Does this mean that all laws from all states apply in your state? If you break a Ca law(even in another state where there is no law), they can withhold your rights?

    Keep you head down and a leaky boat.

  7. Law or no law when selling a firearm to anyone you do not know extremely well then to protect your interests down the line transfer it through an FFL. Just in case something goes South you want to be able to say the person I sold my gun to passed a NCIC on this date, at this time, at this location, etc.

    • Well Debbie you just agreed with me because what you just advocated is actually Universal Background Checks.

      • No its not universal background checks dacian.

        I’m not sure you understand what a universal background check is.

        • No it is you Booger brain that do not understand . Debbie is recommending exactly what a Universal Background Check would do only her version is only voluntary.

    • That’s already a requirement under the law in some states… i.e. in North Carolina, as well as others. Such laws require the buyer of firearm from a private citizen obtain a purchase permit (from the local sheriff which requires a background check) or possess a valid concealed handgun permit. Even that doesn’t offer any guarantees against repercussions from the fascist hoplophobes. This is evident by the practice of the hoplophobes, facilitated by some in judiciary, to violate federal law… Protection of Lawful Commerce in Arms Act (PLCAA)… by suing firearm manufacturers, as well as going after FFLs who legally transfer a firearm after a transferee has passed a required NICS background check.

      One way to avoid the pitfalls of getting caught up by such a practice is to adopt the philosophy of keeping the firearms you now own or purchase in the future. Don’t sell, pawn or trade them… keep them forever.

    • “Law or no law when selling a firearm to anyone you do not know extremely well then to protect your interests down the line transfer it through an FFL“

      Excellent advice, no reasonable citizen would want to inadvertently supply a weapon to a possible bad actor.

      • That way, the government gets money every time a firearm is transferred and the FFL has to charge you for the privilege of keeping the paperwork. Many charge $100 around here

        • “That way, the government gets money every time a firearm is transferred and the FFL has to charge you for the privilege of keeping the paperwork.”

          Not quite. The caution was about selling guns to strangers, not a recommendation to do all private transfers via FFL….unless, of course, your state law requires using an FFL for any transfer.

  8. This unconstitutional law will go by the wayside in the near future. Unconstitutional laws are not laws, they are treason against our republic and all that voted for it should be treated as terrorists.

  9. Maybe one day they will arrest the actual real traffickers, of firearms… BUT that is our THREE LETTER AGENCIES, BIG CITY DEPARTMENTS AND THE POLITICIANS…Violence on the streets keeps them in business…it keeps their money flowing…blood flows GREEN in their world…

  10. The federal entity on the Potomac has been corrupt and rotten to its core since President James Buchanan left office. Since then it has not been the Republic our Founders crafted in 1787 in Philadelphia. Pray for its swift and complete demise and replacement by the State of National Restoration. As the Democrats said in the presidential campaign of 1868, “The Union Restored, The Constitution As It Was”, which means the body of the original Constitution plus the first 12 amendments.

  11. It’s highly doubtful that the Cornyn sellout will result in a large uptick in firearms prosecutions by the federal government. The BATFE is inherently lazy and they’d much rather play DEA agent than stay in their lane. Not to mention that increased firearms enforcement will have an “urban” demographic that will skew the arrest/prosecution in a direction that DOJ will not want.

    • Congress never authorized the ATF to be a law enforcement or rule making agency. Only regulatory for that defined by congress.

      The ATF has not been in their lane for a long time. And the time is coming when the ATF will be put back in their lane, which is why slo Joe is trying to use them now as exploitatively as he can while democrats have a slim majority in the house.

  12. Gees my cousin would be screwed. I dont think hes owned the same gunm for more then two weeks. A real horse trader never satisfied.

  13. Prosecutors have discretion to charge gun owners …

    In todays world that translates to “prosecute whiteys and dismiss BIPOC’s”</B)

  14. “In any state where violating those restrictions is a felony, a prohibited person who obtains a gun can now face prosecution for “trafficking in firearms,” even though he never actually trafficked in firearms.”

    This statement should have been expanded upon, like with the definition of “trafficking” contained in the new law. Knowing you can be charged with “trafficking” is one thing, knowing how and why (bases on specific wording in the law) is even more important.

    What I know now is, “Danger, Will Robinson”.

    • It wasn’t that long ago when collectors were buying Mosin rifles in case lots and cherry picking the best and selling the rest. This is what collectors do, how they afford their hobby. Many did the same with imported Makarov handguns and others that had the same caliber.

      So, now, collectors are criminals. This is going to change Milsurp collecting forever.

  15. For *years* here in TTAG, I have asserted that if we win *big* for expansive gun rights, the Leftist Scum ™ will counter by making as many things as possible qualification for permanent loss of gun rights. AKA, being a “Legally-Prohibited Person”.

    In a dissent while she was on the Federal Bench, judge Coney-Barret asserted that a felony tax conviction should not be a basis for a permanent loss of gun rights.

    The ‘Bruen’ decision can pay off *Big Time* for us in this regard. Physical violence convictions were about the only way someone could lose gun rights in the early days of this nation.

    The Leftist Scum ™ are really gonna lose it when they discover what’s coming in the near future… 🙂

    • “Leftist Scum ™”

      Hey, old buddy, old pal, old sidekick, old bean….

      Did you get your TM successfully registered with the Patent Office? Did you have to use a lawyer?

      • You suspiciously sound like someone who knows a little something about intellectual property (IP) law.

        Are you about to harsh my buzz in what was until now a friendly and congenial place? 🙁

        • “Are you about to harsh my buzz in what was until now a friendly and congenial place? ”

          Not at all. IP law is a minefield, and fertile ground for lawsuits that can rip a business name from long time owners who didn’t register their TM.

          One example is a little barbecue place outside MinnieAppleville. According to the owner, the business had been called “Lone Star Barbecue for decades, but the “Lone Star” restaurant chain complained, and claimed they were more well known, and the original “Lone Star” was unfairly taking business from the restaurant chain. Now the small business is called “Lone Stone”, which also resulted in a lawsuit from “Lone-Star”, which the chain lost (paying the “Lone Stone” owner lawyer fees and court costs.

          Another was a book store in the Denver metro area, called “Half-Price Bookstore”. Same outcome against the chain, “Half-Price Bookstore”.

          Also, I am curious to know how the TM registration process works, knowledge from someone who went through it.

        • Quite frankly, if anyone wants to pinch my Leftist Scum ™ ‘thing’, I’d be pleased as punch if they spread it as far and wide as possible… 🙂

    • quote—————-The Leftist Scum ™ are really gonna lose it when they discover what’s coming in the near future————quote

      Since only 3% of the people own 90% of the guns you are in the minority. Fat chance the Leftists will lose.

  16. Stating the bloody obvious or what? If they are trafficking firearnms they are trafficking fire arms -period. I do not d see the difficulty here. The law is the law and if the law is broken of course there will be consequencs. I cannot see either your logic or any evidence of even the slightest critical thinking.

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