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June 14, 2009
Murderers don't fill out the proper forms!
As I discussed in a previous post, because Holocaust Museum shooter James von Brunn was a convicted felon, he was not allowed to buy or possess firearms. But once again, the gun laws failed utterly. Apparently von Brunn was so busy plotting murder that he never stop to consider the gun laws he was violating. When I read that the gun he used was an old .22 rifle, it occurred to me that gun owners could at least be relieved that it wasn't a Kalashnikov, and that this incident would not be invoked as justification for the "Assault Weapons Ban" or most of the usual gun control talking points. My relief proved short lived, however, when I saw a CNN piece which invokes another popular cun control narrative -- so-called "gun tracing": WASHINGTON (CNN) -- It is not possible for authorities to trace the rifle used in this week's shooting at the Holocaust Memorial Museum to the original purchaser, a law enforcement source said Friday.As anyone rudimentally familiar with the history of firearm technology knows, millions of guns were made and sold before any sort of gun control laws were passed, and of course sales records were neither required nor kept. So what? Does anyone think that being able to "trace" the original purchaser of a 1920s era weapon would be in any way helpful in this case? Obviously, it was manufactured by Winchester and sold to a buyer who is almost certainly long deceased. How would the identity of whoever that was aid the investigation? What might matter would be the identity of the last transferor of the gun because it would have been an illegal transfer. But the age of the gun (and the inability to trace its first purchaser) has nothing to do with the modern federal sales report forms, which are required under more recent gun laws which von Brunn did not obey. Except for antique firearms (which this gun is not) for modern transfer purposes this gun is treated the same as a gun made last year. Whoever sells or transfers it is required to obey the law against sales to felons, and any dealer would have to have made von Brunn fill out the federal form. Obviously, the law was violated -- most likely by the previous owner, and certainly by von Brunn once he illegally possessed the gun. If you read CNN's article and didn't know any better, you might think that old guns are exempt from sales reporting because of their age, and that there's another "loophole" we need to close. Nonsense. As a collector of old guns, I have had to fill out this form each time I've bought one, and the same law would apply if I sold it. Original purchasers are irrelevant. Obviously, there would be no recent sales records in the case of von Brunn's .22, because he could not have bought it legally. This was not because of any "tracing loophole" in the law, but because one or more laws was violated by this convicted criminal and/or his accomplices. No surprise there. Since when do criminals obey laws? posted by Eric on 06.14.09 at 02:42 PM
Comments
The laws in Md on lang arms and on hamndguns are different. This man was 88 years old. It was probably the gun he got as a kid and used to hunt aquirrels. I really doubt this rifle had been used in a crime before. I suspect the old man was getting crankier as he got older and may suffer from alzheimer which changes the personality in early stages and he knew he was not going to ive much longer so he decided to suiide by cop. Regrettably he lived and the guard did not. RAH · June 14, 2009 04:59 PM Sorry for the typos I was typing in the dark. I was surpised that the guard died from a 22 LR round. I wondered where he was hit to cause a fatal shot. RAH · June 14, 2009 05:19 PM A 22 can easily kill. Head shot, neck or any major artery can do it. Person to person long gun sales require a form? Handgun sales, yes, but not rifles as far as I know. Robert · June 14, 2009 10:08 PM Criminals break laws? NO! Who would have thunk? We just need some more laws forbidding criminals from breaking the laws! (sarcasm tag, if needed.) Portia · June 14, 2009 10:55 PM Since when do criminals obey laws? Generally they are selective about it so as to avoid attracting too much attention to themselves. BTW loved "cun control" so much I did a post on it: http://powerandcontrol.blogspot.com/2009/06/tongue-twister.html M. Simon · June 15, 2009 03:31 AM given the age of both weapon and shooter, it's highly likely he bought this weapon himself long before reporting requirements. And I don't think that they tear your house apart to make sure you don't have any guns after a felony conviction. brian · June 15, 2009 09:34 AM Every time I've bought a long gun, I was required to fill out this form: http://en.wikipedia.org/wiki/Federal_Form_4473 it's highly likely he bought this weapon himself long before reporting requirements. Even if that's the case, once he was convicted of a felony, he committed a crime simply by possessing it. http://www.hwylaw.com/CM/Articles/Articles88.asp ***QUOTE*** BTW, the courts have repeatedly held that felons who legally owned firearms previous to their felony convictions were nonetheless guilty if they possessed them after the convictions: http://bulk.resource.org/courts.gov/c/F2/838/838.F2d.468.87-5592.html Eric Scheie · June 15, 2009 10:03 AM Post a comment
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