Let's close the "gun show loophole"

I have observed that it is not a crime in Virginia to knowingly purchase or attempt to purchase, a handgun, when one is in fact ineligible to do so. Enacting such a statute would effectively close the "gun show loophole" without affecting the rights of Virginians to buy and sell personal property lawfully. I suggest that such a statute should provide that a violation constitutes a class-six felony (the law already provides that such may be treated as a class-one misdemeanor for sentencing purposes in the court's discretion). Finally, the word, "knowingly" is important, because that language makes it clear that it is a "specific intent offense", such that a purchase by one who does not know, or does not have reason to know, that he is ineligible will not be guilty. There are a number of statutes that make it a crime to be in possession of a handgun because of various specific kinds of factors (conviction of a felony, adjudication of insanity, etc.), but there is nothing governing the purchase of a handgun by a person who is not lawfully entitled to possession. A nonresident or minor, for example. The specific language I'd use in drafting such a statute is as follows: "No person shall purchase or attempt to purchase a handgun in Virginia who has reason to know at the time of the proposed purchase that he is not lawfully entitled to purchase orbe in possession of such handgun. A violation of this section shall be punished as a class-six felony. Actual ignorance of ineligibility shall constitute an affirmative defense."

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The following is the text of the message I've sent. Note the critical language, "without affecting the rights of Virginia to buy and sell personal property lawfully." If it were a felony to attempt to purchase a handgun illegally, by say, a New York resident, for example, who knows perfectly well that he is ineligible, then it would be appropriate to charge such person here, and extradite him for trial. And conspiracy to commit a crime results in exactly the same degree of criminal culpability as does the act itself. So, for example, if someone like, say, Michael Bloomberg, sent people into Virginia to attempt to purchase guns illegally, he'd be guilty of a felony conspiracy in Virginia. If you like what I've written, I invite you to copy it to your senators and delegates, too.

I have observed that it is not a crime in Virginia to knowingly purchase or attempt to purchase, a handgun, when one is in fact ineligible to do so. Enacting such a statute would effectively close the "gun show loophole" without affecting the rights of Virginians to buy and sell personal property lawfully. I suggest that such a statute should provide that a violation constitutes a class-six felony (the law already provides that such may be treated as a class-one misdemeanor for sentencing purposes in the court's discretion). Finally, the word, "knowingly" is important, because that language makes it clear that it is a "specific intent offense", such that a purchase by one who does not know, or does not have reason to know, that he is ineligible will not be guilty. There are a number of statutes that make it a crime to be in possession of a handgun because of various specific kinds of factors (conviction of a felony, adjudication of insanity, etc.), but there is nothing governing the purchase of a handgun by a person who is not lawfully entitled to possession. A nonresident or minor, for example. The specific language I'd use in drafting such a statute is as follows: "No person shall purchase or attempt to purchase a handgun in Virginia who has reason to know at the time of the proposed purchase that he is not lawfully entitled to purchase orbe in possession of such handgun. A violation of this section shall be punished as a class-six felony. Actual ignorance of ineligibility shall constitute an affirmative defense."

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The following is the text of the message I've sent. Note the critical language, "without affecting the rights of Virginia to buy and sell personal property lawfully." If it were a felony to attempt to purchase a handgun illegally, by say, a New York resident, for example, who knows perfectly well that he is ineligible, then it would be appropriate to charge such person here, and extradite him for trial. And conspiracy to commit a crime results in exactly the same degree of criminal culpability as does the act itself. So, for example, if someone like, say, Michael Bloomberg, sent people into Virginia to attempt to purchase guns illegally, he'd be guilty of a felony conspiracy in Virginia. If you like what I've written, I invite you to copy it to your senators and delegates, too.

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user wrote:

The following is the text of the message I've sent. Note the critical language, "without affecting the rights of Virginia to buy and sell personal property lawfully." If it were a felony to attempt to purchase a handgun illegally, by say, a New York resident, for example, who knows perfectly well that he is ineligible, then it would be appropriate to charge such person here, and extradite him for trial. And conspiracy to commit a crime results in exactly the same degree of criminal culpability as does the act itself. So, for example, if someone like, say, Michael Bloomberg, sent people into Virginia to attempt to purchase guns illegally, he'd be guilty of a felony conspiracy in Virginia. If you like what I've written, I invite you to copy it to your senators and delegates, too.

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What are you talking about? It's already illegal.

§ 18.2-308.2:2. Criminal history record information check required for the transfer of certain firearms.

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K. Any person willfully and intentionally making a materially false statement on the consent form required in subsection B or C or on such firearm transaction records as may be required by federal law, shall be guilty of a Class 5 felony.

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L1. Any person who attempts to solicit, persuade, encourage, or entice any dealer to transfer or otherwise convey a firearm other than to the actual buyer, as well as any other person who willfully and intentionally aids or abets such person, shall be guilty of a Class 6 felony. This subsection shall not apply to a federal law-enforcement officer or a law-enforcement officer as defined in § 9.1-101, in the performance of his official duties, or other person under his direct supervision.

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If you like what I've written, I invite you to copy it to your senators and delegates, too.

I have observed that it is not a crime in Virginia to knowingly purchase or attempt to purchase, a handgun, when one is in fact ineligible to do so. Enacting such a statute would effectively close the "gun show loophole" without affecting the rights of Virginians to buy and sell personal property lawfully. I suggest that such a statute should provide that a violation constitutes a class-six felony (the law already provides that such may be treated as a class-one misdemeanor for sentencing purposes in the court's discretion). Finally, the word, "knowingly" is important, because that language makes it clear that it is a "specific intent offense", such that a purchase by one who does not know, or does not have reason to know, that he is ineligible will not be guilty. There are a number of statutes that make it a crime to be in possession of a handgun because of various specific kinds of factors (conviction of a felony, adjudication of insanity, etc.), but there is nothing governing the purchase of a handgun by a person who is not lawfully entitled to possession. A nonresident or minor, for example. The specific language I'd use in drafting such a statute is as follows: "No person shall purchase or attempt to purchase a handgun in Virginia who has reason to know at the time of the proposed purchase that he is not lawfully entitled to purchase orbe in possession of such handgun. A violation of this section shall be punished as a class-six felony. Actual ignorance of ineligibility shall constitute an affirmative defense."

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The following is the text of the message I've sent. Note the critical language, "without affecting the rights of Virginia to buy and sell personal property lawfully." If it were a felony to attempt to purchase a handgun illegally, by say, a New York resident, for example, who knows perfectly well that he is ineligible, then it would be appropriate to charge such person here, and extradite him for trial. And conspiracy to commit a crime results in exactly the same degree of criminal culpability as does the act itself. So, for example, if someone like, say, Michael Bloomberg, sent people into Virginia to attempt to purchase guns illegally, he'd be guilty of a felony conspiracy in Virginia. If you like what I've written, I invite you to copy it to your senators and delegates, too.

I have observed that it is not a crime in Virginia to knowingly purchase or attempt to purchase, a handgun, when one is in fact ineligible to do so. Enacting such a statute would effectively close the "gun show loophole" without affecting the rights of Virginians to buy and sell personal property lawfully. I suggest that such a statute should provide that a violation constitutes a class-six felony (the law already provides that such may be treated as a class-one misdemeanor for sentencing purposes in the court's discretion). Finally, the word, "knowingly" is important, because that language makes it clear that it is a "specific intent offense", such that a purchase by one who does not know, or does not have reason to know, that he is ineligible will not be guilty. There are a number of statutes that make it a crime to be in possession of a handgun because of various specific kinds of factors (conviction of a felony, adjudication of insanity, etc.), but there is nothing governing the purchase of a handgun by a person who is not lawfully entitled to possession. A nonresident or minor, for example. The specific language I'd use in drafting such a statute is as follows: "No person shall purchase or attempt to purchase a handgun in Virginia who has reason to know at the time of the proposed purchase that he is not lawfully entitled to purchase orbe in possession of such handgun. A violation of this section shall be punished as a class-six felony. Actual ignorance of ineligibility shall constitute an affirmative defense."

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What happens when the law changes tomake more and more people ineligible?

And, what of the private seller? Is he involved in conspiracy by selling to someone who is inelegible? Imagine all the problems that can arise from that sort of thing. And, even if not today, what about 3 years from now when Brady nuts demand amending the law so that private sellers can be prosecuted for selling to an ineligible person? "Close the private sale loophole!" "Private sellers should...(bleat, bleat, bleat)"

I would have to study this one out real thoroughly.

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So just wondering out loud, how would this affect a situation where a LEO observes a private sale in the aisle or the parking lot of a gun show? Does this give them any more right to approach and question those involved? I would assume that a RAS is still required, and that would still be fairly difficult to obtain from simply observing a private transaction, no?

The more I've had time to think about it, the more I am inclined to believe that the gun show loophole loopies will not bite on this one bit.

I was half-joking in my earlier post, but I think it's true, antis target law abiding citizens in their efforts to restrict guns because they know full well that criminals do not obey laws. Changing the behavior of law abiding citizens is the only effective way they have to implement their desires.

TFred

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They'll never go for it. It doesn't target or blame law-abiding citizen gun owners.

ETA: Isn't it ironic that for this one issue, the anti-gunners admit that criminals don't obey the law... so their solution is to infringe upon the rights of law abiding citizens to effect the change they desire.

TFred

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