So, is this a flip-flop?
KERRY COSPONSORED BILL BANNING GUN HE WAVES
Dem presidential hopeful John Kerry was seen this weekend waving a gun which would have been banned if legislation he co-sponsored became law!
Kerry co-sponsored S. 1431 last year (“The Assault Weapons Ban and Law Enforcement Protection Act of 2003) which would have banned a “semiautomatic shotgun that has a pistol grip.”
Kerry was presented with the gun during a Labor Day stop in Racine, West Virginia.
It’s a pity that the gun he’s holding in the photos doesn’t actually have a pistol grip. Therefore, Drudge’s claim is false, assuming this isn’t a file photo. However, putting a pistol grip on it (which would not impact the shotgun’s lethality in any way) would have made it illegal under the bill Kerry proposed, which was an attempt to extend the assault weapons ban. Another attempt at banning aesthetic features.
Another Drudge misfire.
Update: However, Drudge gets some stuff right (he has updated the story):
But Kerry’s gun bill would also banned any “gift” transaction!
It is not clear if Kerry submitted to a waiting period and completed the required paperwork (a 4479 form) or Brady background check before he claimed the gun.
It appears that under the proposed law the transfer would have to go through a dealer. The bill reads:
`(5) It shall be unlawful for any person to transfer a semiautomatic assault weapon to which paragraph (1) does not apply, except through–
`(A) a licensed dealer, and for purposes of subsection (t) in the case of such a transfer, the weapon shall be considered to be transferred from the business inventory of the licensed dealer and the dealer shall be considered to be the transferor; or
`(B) a State or local law enforcement agency if the transfer is made in accordance with the procedures provided for in subsection (t) of this section and section 923(g).
He would, under the proposed law, have to go to a licensed dealer to complete the transfer. The fact it is a gift is irrelevant. Drudge continues:
Also, since the Gun Control Act of 1968 was passed, it has been illegal for an unlicensed individual (a non-dealer, non-collector, non-manufacturer, etc.) to obtain a firearm in a state in which you are not a legal resident.
It seems Kerry needs to go to Federal Firearms Licensed dealer to lawfully transfer the firearm. Current ATF guidelines state:
A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-state source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s state of residence for the purchaser to obtain the firearm from the dealer.
I don’t know if any leeway is granted because it is a gift.
Update 2: XRLQ informs us that:
It’s not clear that he needs to (go through a dealer, do background check, etc.) , either. Unless the person who gave him the gun was a licensed dealer, the transfer probably fell within the private party transfer exception to the Brady Act. What? You’ve never heard of the private party transfer exception? It’s been living in the papers for a long time now, under an assumed name: “gun show loophole.”
As originally passed, the Gun Control Act of 1968 did indeed generally prohibit citizens from obtaining firearms outside their state of domicile. In its present form, however, the flat prohibition applies only to handguns, with 18 U.S.C. 922(b)(3) expressly allowing face-to-face transfers of long guns outside the recipient’s state of domicile, provided that “the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States.”
Update3: Gunner says a pistol grip is whatever the government decides is a pistol grip. I hope not.
HL agrees with me.
Update4: The definition of pistol grip under current law reads protrudes conspicuously below the action of the gun. Kerry’s gun has a grip that is behind the action of the gun.
The bill Kerry sponsored defines pistol grips as a grip, a thumb-hole stock, or any other characteristic that can function as a grip. So, any grip? Maybe Drudge inadvertently isn’t full of it. Regardless, it was a bad bill.
This is a testament to how arbitrary (and stupid) gun laws are. It took the pro-gun portion of the blogosphere (some knowledgeable folks) a bit of time to figure out whether the gun had a pistol grip or not. The answer is that in reality it doesn’t. But per some arbitrary law that was proposed, it would have. For another illustration of stupid gun tricks, go here.