• remotelove@lemmy.ca
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        1 year ago

        It’s a question on a federal background check. For people who live in states where scheduled drugs are legal for recreation, it’s a grey area. The state wouldn’t care, but the feds do.

        It’s basically boils down to “gotcha” requirements. If you get investigated for federal crimes and also own firearms but live in a state where some scheduled drugs are legal that you use, the fed can still just flag any future checks and charge you with lying on any previous background checks.

        I am not a fan of that kind of legal fuckery, especially if a person happens to be charged with a crime they didn’t commit and still get investigated.

        • Socsa@sh.itjust.works
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          1 year ago

          It’s worth noting that this kind of shit never happens and the only reason Hunter is being charged with it is because that’s all they could make stick

      • chiliedogg@lemmy.world
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        1 year ago

        In this case the crime would be purchasing a handgun in a state in which you are not a resident.

        Handguns can only be purchased in your home state. It’s why California’s handgun roster is such a big deal. They simply refuse to allow new models of handguns to be sold there regardless of whether or not their features are illegal, and buying them out of state is prohibited.

        With long guns, the gun’s features must be legal in both the state where the sale is taking place and the state in which the buyer lives. With pistols it’s simply illegal to transfer the firearm to someone from out of state.

        If I was from Arizona and wanted to give a single-shot 22 plinking pistol to my Dad in Texas, I’d have to sell it to a local firearms dealer, have them transfer it to a Texas dealer, and have my Dad buy it there.

        • HewlandRower@lemmy.world
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          1 year ago

          I dunno what state you live in, but the majority of what you stated isn’t true in the vast majority of the country.

          • IMongoose@lemmy.world
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            1 year ago

            Ya, I live in a more restricted state and have purchased a handgun from out of state. It goes to a firearm dealer and they transfer it to you after doing whatever background checks your state requires. The gun isn’t sold to the dealer, they just hold it while everything clears. I don’t know anything about interstate private sales though.

            One fun fact though is that you can buy an M1 Garand from the government and they’ll ship it to your door. So that’s pretty neat.

            • remotelove@lemmy.ca
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              1 year ago

              For an M1 Garand, the requirements are a little different than just getting a background check.

              For those who care: https://thecmp.org/cmp_sales/eligibility-requirements/

              I am currently in Colorado, and person to person firearm transfers are prohibited, unless you have the appropriate license. I bought my Taurus .40 from a friend in South Carolina when I lived in North Carolina. It was perfectly legal without needing an FFL transfer.

              Laws get weird in different states like the person above said, but in Colorado you can buy a rifle if you are from out of state but you must be a resident for a pistol.

              I haven’t read up on any recent law changes about that though. Colorado just implemented a mandatory three day wait after a background check, so there is that.

        • Maeve@kbin.social
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          1 year ago

          So how do those large swap meets work with out of state residents all furiously filling out bg check forms and purchasing?

    • grayman@lemmy.world
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      1 year ago

      Hunter is most likely going to walk for good reason. What he was charged with are unconditional laws. If he walks, so will Trump. And that’s assuming you can pin Trump with unlawful use first.

      DOJ knows they are getting crushed with Hunter. Even 2A orgs offered legal help to him. They know the laws can’t be upheld by an honest judge. So why hit Trump with the same charges that they’re losing their shit over with Hunter?

    • kmkz_ninja@lemmy.world
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      1 year ago

      No, it isn’t. Hunter is being charged with lying about drug use on a gun form. This would be Trump buying a gun with active indictments against him.