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Thread: SB 170: Anti-Bloomberg Bill

  1. #1
    State Researcher
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    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

  2. #2
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    What is a "third-party purchase?" Is that where I buy a firearm, and then give it to you? WVCDL supports this? What is the difference between a 'third-party purchase' and a private sale? Isn't this contradictory?

  3. #3
    State Researcher
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    A third-party (or "straw-man") purchase is where one person procures another person to purchase a firearm from a gun dealer. This practice is prohibited by federal law and is generally done to facilitate the acquisition of a firearm by a person who cannot legally buy one (and thus uses the "straw purchaser" to conduct the transaction). This is distinguished from a legitimate gift, in which one person purchases a gun to give it as a legitimate gift (i.e., no exchange of consideration) to another person.

    The purpose of making the act of a straw purchase a crime under state law, which has been done recently in Georgia, Virginia, and perhaps other states of which I am not aware, is to block ongoing efforts by New York City Mayor Mike Bloomberg to evade the limits of his jurisdiction and the Protection of Lawful Commerce in Arms Act by deploying private investigators to gun dealers up and down the east coast, who attempt to fabricate evidence of unlawful gun dealer practices and create a basis for bankrupting litigation against gun dealers who are complying with federal law and their respective states' state laws. This bill prevents these illegal operations by giving state/local prosecutors jurisdiction to prosecute these offenses when the federal government refuses to prosecute (as it did in a number of cases in Virginia, which led Virginia to pass the same state law I propose duplicating here).
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

  4. #4
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    Thank you for the explanation. I see now. My concern was it could be read to mean gifts, inheritances, private sales, etc.

    ---KP

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