Interesting Lautenberg argument for instructors

I got to thinking about this last week at the BFPE hearing, never really thunk it before.

I see hearings where people are denied because they fall under Lautenberg and are barred federally from getting a permit. When a someone is having their hearing, say I hear they have a felony conviction. Part of me is also thinking: "Under Lautenberg, that instructor just committed a felony by handing over the firearm to a convicted felon".

I guess I'm looking at where the real crime here is: Is the instructor just as guilty under the letter of federal law because the student is barred from handing a firearm?

Just a thought, ideas?

Jonathan

Are you thinking that the instructor is aiding and abetting? Because the law does not say that an instructor shall not transfer possession .... Just as in any other false statement on the 4733, the violation is against the person making the false statement, not against the dealer.

Thunk that over. Let us know where you end up.

stay safe.

Nationally, I'm seeing discussion when it comes to "handing a gun" over to another person as a "transfer". Not on paperwork and such, just the mere handling.

Under Lautenberg though, it's more the felon handling the firearm. Of course, an instructor or even a friend, may not know the persons former background.

Just a thought as I watch some of our firearms board hearings here in CT.

Jonathan

If a person knowingly puts a gun in the hands of a felon even just to shoot it I believe they may be guilty of a crime. To cover myself I make all my students sign a waiver with the following statement that I "borrowed" from the DPS Hunter's Safety Course:

I certify that I am legally eligible to possess and shoot a firearm during a Firearm Education Course in the State of Connecticut. I have never been convicted of a felony. Nor have I been convicted of a misdemeanor crime of domestic violence or other misdemeanors which would prohibit me from possessing or shooting a firearm. Or if I have, one or all of the following are true: The conviction has been set aside; a pardon for the offense has been granted; all civil rights have been restored.

I actually have a hold harmless agreement, but I can add this to it as well. Good idea actually.

It's not that I think instructors will be charged with anything per se, but...... with the way I see some people in this state at the town and SLFU, I wouldn't put it beyond them eventually!

Jonathan