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Thread: State Assembly approves interstate gun sales for state residents

  1. #1
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    State Assembly approves interstate gun sales for state residents

    I thought we could buy guns from out of state as long as they were mailed to a Wisconsin FFL licensee. Wrong again. 94-3 vote shown that majority of the Democrats were on board. Hope the senate passes it too

    http://www.piercecountyherald.com/co...tate-residents
    Last edited by Law abider; 01-21-2014 at 05:51 PM.

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    I think you are confused.

    When you buy a gun from like gunbroker ... the ffl who you bought it from delivers it to the inventory of your local ffl ... who then transfers the gun to you.

    You saying that the bill would eliminate the need for the local gun dealer; for long guns only?

    No link to the actual bill....

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    2013 ab 368

    An Act to amend 175.30 of the statutes; relating to: purchases or transfers of rifles or shotguns in other states. Analysis by the Legislative Reference Bureau
    Current law allows a resident of Wisconsin or an entity maintaining a place of
    business in Wisconsin to obtain a rifle or shotgun in a state that is contiguous to
    Wisconsin if the transfer complies with federal law and the laws of both states. This
    bill eliminates the requirement that the state be a contiguous state.

    https://docs.legis.wisconsin.gov/201...roposals/ab368
    Last edited by Nightmare; 01-21-2014 at 06:19 PM.
    I am responsible for my writing, not your understanding of it.

  4. #4
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    Quote Originally Posted by davidmcbeth View Post
    I think you are confused.

    When you buy a gun from like gunbroker ... the ffl who you bought it from delivers it to the inventory of your local ffl ... who then transfers the gun to you.

    You saying that the bill would eliminate the need for the local gun dealer; for long guns only?

    No link to the actual bill....
    Sorry. Will improve

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    Even Legislators are Confused

    This change serves only to tidy up the statutes. It has been legal for Wisconsin residents to purchase long guns in any state (if otherwise eligible) since the feds removed the interstate restriction years ago. How so? Federal law at one time prohibited interstate purchases of long guns except when a state approved an "adjacent state" exception. Wisconsin did so. However once the federal restriction was removed, the Wisconsin law (and that of many other states) was rendered meaningless. It was an exception to a prohibition that no longer existed. The WI "adjacent state" statute does not prohibit anything. It provided an exception to the federal restriction. That the statute expressly said it was ok to buy in adjacent states did not imply that other purchases were unlawful. What is not prohibited is permitted. The legal maxim/rule of statutory construction Expressio Unius Est Exclusio Alterius is inapplicable. The meaning of and the reason for the statute is abundantly clear. Look at this example:

    Federal Law A - It is unlawful for nonresidents to purchase cheese in another state. Notwithstanding the previous sentence, a state may provide by statute that its residents may purchase cheese in a state that has an NFL football team.

    State Law 1 - It is ok for Wisconsin residents to purchase cheese in a state that has an NFL football team.

    At this point a Wisconsin resident may purchase cheese in Illinois, Michigan, etc. but not North Dakota, Alaska, Idaho, etc.

    Federal Law B - Scrap Federal Law A

    At this point a Wisconsin resident can buy cheese in any state. The repeal of State Law 1 removes a nonfunctioning statute but doesn't alter the cheese situation. It was not the goal of the Wisconsin legislature to ban its residents from buying cheese in non-NFL states but rather give limited relief from the federal law.
    Last edited by apjonas; 01-21-2014 at 10:34 PM. Reason: grammar, embellish

  6. #6
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    Quote Originally Posted by apjonas View Post
    This change serves only to tidy up the statutes. It has been legal for Wisconsin residents to purchase long guns in any state (if otherwise eligible) since the feds removed the interstate restriction years ago. How so? Federal law at one time prohibited interstate purchases of long guns except when a state approved an "adjacent state" exception. Wisconsin did so. However once the federal restriction was removed, the Wisconsin law (and that of many other states) was rendered meaningless. It was an exception to a prohibition that no longer existed. The WI "adjacent state" statute does not prohibit anything. It provided an exception to the federal restriction. That the statute expressly said it was ok to buy in adjacent states did not imply that other purchases were unlawful. What is not prohibited is permitted. The legal maxim/rule of statutory construction Expressio Unius Est Exclusio Alterius is inapplicable. The meaning of and the reason for the statute is abundantly clear.
    I thought so. I was once looking to buy a LG from Cheaper than Dirt located way south.

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    Actually This is Dangerous

    By purporting to "allow" Wisconsin residents to purchase long guns in another state, the legislature suggests that such permission is necessary. It would be better to simply repeal the law and put us back to where we were before the federal interference. Some clever judge will look at the revised statute and apply the concept of "the legislature didn't say you can do X, so you can't." You can't open carry - there is no statute that permits it. Don't let this way of thinking take root.

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    Quote Originally Posted by apjonas View Post
    This change serves only to tidy up the statutes. It has been legal for Wisconsin residents to purchase long guns in any state (if otherwise eligible) since the feds removed the interstate restriction years ago. How so? Federal law at one time prohibited interstate purchases of long guns except when a state approved an "adjacent state" exception. Wisconsin did so. However once the federal restriction was removed, the Wisconsin law (and that of many other states) was rendered meaningless. It was an exception to a prohibition that no longer existed. The WI "adjacent state" statute does not prohibit anything. It provided an exception to the federal restriction. That the statute expressly said it was ok to buy in adjacent states did not imply that other purchases were unlawful. What is not prohibited is permitted. The legal maxim/rule of statutory construction Expressio Unius Est Exclusio Alterius is inapplicable. The meaning of and the reason for the statute is abundantly clear. Look at this example:

    Federal Law A - It is unlawful for nonresidents to purchase cheese in another state. Notwithstanding the previous sentence, a state may provide by statute that its residents may purchase cheese in a state that has an NFL football team.

    State Law 1 - It is ok for Wisconsin residents to purchase cheese in a state that has an NFL football team.

    At this point a Wisconsin resident may purchase cheese in Illinois, Michigan, etc. but not North Dakota, Alaska, Idaho, etc.

    Federal Law B - Scrap Federal Law A

    At this point a Wisconsin resident can buy cheese in any state. The repeal of State Law 1 removes a nonfunctioning statute but doesn't alter the cheese situation. It was not the goal of the Wisconsin legislature to ban its residents from buying cheese in non-NFL states but rather give limited relief from the federal law.
    Thank you. I've posted the same information many times on different forums regarding other states. It's amazing what people (including state legislators) misunderstand about this topic. Heck, the ATF has published clarifications on this many times and sent to FFLs - who still do not understand it.

    Some states, when finally getting around to this housekeeping: Instead of simply repealing the law, choose to amend it. And more often than not, still include, mistakenly so, reference to the old (no longer in existence) Federal law. Causing even more confusion on what is really a very simple topic.

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    Quote Originally Posted by apjonas
    Some clever judge will look at the revised statute and apply the concept of "the legislature didn't say you can do X, so you can't." You can't open carry - there is no statute that permits it. Don't let this way of thinking take root.
    In general, if something is not prohibited, it's allowed / legal.

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