I've had a few readers take me for task for insisting that I'll follow all applicable laws, rules and regulations in the firearms raffles I've recently conducted. They've claimed that "nobody will ever know" if they win, drive across state lines to meet me, and just collect the gun in person. "The Second Amendment says it's OK!", they trumpet. "We can ignore any laws that don't obey the Constitution!"
Well, quite apart from questions of basic honesty and morality, here's why I won't follow such requests.
A man charged with illegally buying the gun Kyle Rittenhouse used in two deadly shootings during the Kenosha unrest last August appeared in court Tuesday.
Dominick Black, 19, of Racine, was charged with two counts of intentionally giving a dangerous weapon to a person under the age of 18, causing death.
He entered a not guilty plea.
. . .
At the time of the deadly shootings, Rittenhouse was 17 years old and not legally permitted by Wisconsin law to buy or own an assault rifle.
Prosecutors said Black bought the gun for Rittenhouse in what is known as a straw purchase.
. . .
Black could face up to 12 years in prison if convicted.
There's more at the link. Earlier news reports indicated that Rittenhouse had used his COVID-19 stimulus money, giving it to Black to buy the rifle on his behalf.
That's why I said, as clearly as possible, in my raffle announcements:
Needless to say, all laws, rules and regulations will be followed. If you live in Texas and are within easy driving distance of the Wichita Falls area (my nearest big city), we can do a face-to-face transfer; otherwise, the firearm will be shipped to your Federal Firearms License dealer and transferred there, complete with background check. Please don't ask me to break the law, because I won't. I've been a prison chaplain, so I already know how unpleasant life behind bars can be - and you don't want to find out.
I even took the trouble to contact the ATF directly to check that I had the law straight, and would not be in violation of it by following the above procedure. The representative to whom I spoke gave me the green light to proceed on that basis, and provided that I didn't buy the gun for the purposes of the raffle, but used one that was already part of my collection, and had been for some time. (Disposing of all or part of one's collection to defray medical expenses is apparently regarded by the agency as justified by a legitimate need.)
Folks, we may disagree on whether a given law, or rule, or regulation, is constitutional or appropriate or fair: but when the rubber meets the road, the legal system applies and enforces existing laws. Unless a judge rules that law to be unconstitutional (which happens very seldom), it will govern our actions, and a jury will find us guilty or innocent based on how well we followed and obeyed it (or otherwise). Feeling resentful and/or rebellious about it won't matter a damn in the cold, hard light of a court of law, where facts rule (or, at least, are supposed to rule) over feelings.
If Dominick Black is convicted of a straw purchase, he'll not only go to prison: he'll also lose his Second Amendment rights for the rest of his life. Furthermore, whether or not Kyle Rittenhouse was legitimately defending himself when he shot his three opponents (which has yet to be adjudicated in court), he's already openly and publicly admitted to being guilty of involvement in the same crime. Even if he's found innocent of murder, I expect he'll be charged with that violation, and - if convicted - he'll probably spend time in prison for it, and lose his Second Amendment rights as well.
*Sigh*
Peter
12 comments:
Folks, we may disagree on whether a given law, or rule, or regulation, is constitutional or appropriate or fair: but when the rubber meets the road, the legal system applies and enforces existing laws.
There's another consideration: even when you win, you lose. In my area, defense lawyers ask for thousands of dollars in retainer. Your defense can easily run to tens of thousands of dollars. Best case, you get pro bono support, and "only" have to sacrifice hundreds of hours of free time and untold worry.
Not a bet I'd take.
The law: it may be stupid, arbitrary, and capricious, but heaven help you if you violate it.
You're playing it smart, Peter. The law may be stupid, but that does NOT mean it's without teeth.
Hey Peter;
Your gun, your rules..Meaning you set up the parameters of the sale and transfer and if people don't want to follow the conditions, then they don't buy the "tickets". you are following the law as retarded as it can be to cover yourself legally which is prudent.
Those who shriek the loudest in the current state of affairs should be regarded with the most suspicions IMHO
The Leftists will use all the laws against us that they can. If they can find an obscure law from the 18th Century that might apply, they'll apply it.
All the while not applying most any of the huge numbers of laws on the books about everything when charging fellow leftists.
Bastides.
It's like that moron down in Broward County who did the shootemup. Who's mother bought him his guns. Was she charged? Nope. Why? Leftists don't charge leftists with gun charges.
I repeat, Bastides!
It's Pete's rules of course, but it only shows how asinine all these gun laws really are. They were only created to suppress the law abiding and do nothing to protect public safety.
If society does break down, these will be some of the first violated by conservatives and desperate shitlibs alike.
Laws are what the lords use to keep the peasants in line. It works. Until it doesn't.
"Folks, we may disagree on whether a given law, or rule, or regulation, is constitutional or appropriate or fair: but when the rubber meets the road, the legal system applies and enforces existing laws."
'There's another consideration: even when you win, you lose. In my area, defense lawyers ask for thousands of dollars in retainer. Your defense can easily run to tens of thousands of dollars. Best case, you get pro bono support, and "only" have to sacrifice hundreds of hours of free time and untold worry.
Not a bet I'd take.'
It's referred to as, "The Process is the Punishment".
Oh, and Pro Bono or no, you will be paying all fees.
Justice has nothing to do with anything.
The system enforces laws when it feels like they support whoever is in power so be
careful not to get squashed.
Depending on where you live (I live in Arizona) and where you are charged with a felony (also depends on the felony), you may have your rights reinstated. This includes your 2A rights. Arizona has a path to reinstatement, but there is no such thing here as Expunging your record...
Now if you lived in California, you're out of luck..funny how the Democrat run states that all of the liberals live in and scream about helping out those who run afoul of the law don't allow a person to have their rights back after a conviction...unless it's the right to vote.
Yes sir... in my case, I would have loved to get in on a raffle for an AR pistol or a standard AR rifle. Sadly, the first is banned in the state I live (NY bans semi auto handguns that weigh more than 48 ounces, aka, 3 lbs) and so horribly restricts AR rifles that you may as well not bother here... which is EXACTLY THE REASON THEY WROTE THOSE LAWS! However, they can't stop me from moving to a free state, which is most definitely in my near future.
Good on you, Peter, play by the rules, even if we dont like them.
Laws can be (and sometimes MUST be) justly ignored.
But providing public notice that you’re doing so, strikes me as unwise.
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