Friday, July 11, 2008

The right to posses a firearm

The Supremes have ruled we have the right to posses a handgun in the home.

Also, use of trigger locks and safe storage cannot be mandated if a firearm is maintained for protection.

Many jurisdictions (and newspapers) don't agree. They want to maintain or put in place unlawful and unreasonable obstacles to deny possession; such as excessive fees and unreasonable handgun restrictions that are now not the norm, such as outlawing semi-automatic handguns. There has also been talk of a $1 tax on shells, per bullet and to outlaw hand-loading of ammunition.

As example; the state of New York and New York City still want to be able to deny a handgun license application without just cause and not give a lawful reason for rejection. They currently require that you justify why you want a license. Self defense is not normally a reason for approval in the state or the city.

The Supremes ruled in affect that it will be the jurisdictions who must give a lawful and reasonable reason for license rejection, where license are required. The state of New York and New York City will have to change the law to conform.

I have no problem with a fair and reasonable license standard, but a standard must be written that conforms to the Supremes ruling.

May I contend the below Federal law is the only reason to deny a firearm purchase or possession:

Persons who cannot legally receive or possess firearms and/or ammunition:

(1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;

(2) Is a fugitive from justice;

(3) Is an unlawful user of or addicted to any controlled substance;

(4) Has been adjudicated as a mental defective or has been committed to a mental institution;

(5) Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;

(6) Has been discharged from the Armed Forces under dishonorable conditions;

(7) Having been a citizen of the United States, has renounced his or her citizenship;

(8) Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; or

(9) Has been convicted of a misdemeanor crime of domestic violence.

(10) Cannot lawfully receive, possess, ship, or transport a firearm.

A person who is under indictment or information for a crime punishable by imprisonment for a term exceeding 1 year cannot lawfully receive a firearm. Such person may continue to lawfully possess firearms obtained prior to the indictment or information.

[18 U.S.C. 922(g) and (n), 27 CFR 478.32]

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