Criminal Behaviorcrooks and liars

Bloomberg Tries to Buy Gun Control in Maine




Voters face a choice: How much freedom are you willing to sacrifice in the name of ‘safety?’

From Lifezette — This Novem­ber, Maine vot­ers will be faced with an age-old ques­tion — how much free­dom are you will­ing to sac­ri­fice in the name of “safe­ty”?

Bil­lion­aire and ex-New York City May­or Michael Bloomberg has used Maine’s Citizen’s Ini­tia­tive Process to almost sin­gle-hand­ed­ly fund a cam­paign to make his ver­sion of uni­ver­sal back­ground checks the law of the land in the Pine Tree State.

Friends, if you have to con­sult a lawyer before loan­ing a rifle to your cousin dur­ing deer sea­son, you aren’t that free.”

Ques­tion 3 asks, “Do you want to require back­ground checks pri­or to the sale or trans­fer of firearms between indi­vid­u­als not licensed as firearms deal­ers, with fail­ure to do so pun­ish­able by law, and with some excep­tions for fam­i­ly mem­bers, hunt­ing, self-defense, law­ful com­pe­ti­tions, and shoot­ing range activ­i­ty?”

While to the aver­age per­son this ques­tion seems fair­ly benign, the dev­il is tru­ly in the details, as this leg­is­la­tion would crim­i­nal­ize activ­i­ties that are ordi­nary and tra­di­tion­al in Maine.

The fine print of this leg­is­la­tion dic­tates exact­ly how, when, where, and with whom firearm own­ers and sports­men may “exchange, sell and lend” their guns, with very strict penal­ties for break­ing the law.

This is because Ques­tion 3 applies to all sales and trans­fers of a firearm. The def­i­n­i­tion of “trans­fer” under this law cites an exist­ing statute, stat­ing that “ ‘Trans­fer’ means to sell, fur­nish, give, lend, deliv­er or oth­er­wise pro­vide, with or with­out con­sid­er­a­tion.”

Except as exempt­ed, a “trans­fer” would first require a fed­er­al back­ground check per­formed by a fed­er­al­ly licensed firearm deal­er (“FFL”), com­ple­tion of the nec­es­sary state and fed­er­al paper­work, and pay­ing a fee any­where between $30-$60. Just to loan a firearm to a friend, neigh­bor, or client, the gun own­er and bor­row­er would have to both go to an FFL to fill out the forms, pay the fee, and have the back­ground check done. When the bor­row­er is ready to return the loaned gun, the same pro­ce­dure applies — a trip to the FFL, the paper­work, and pay­ment of the $30-$60 fee to legal­ly trans­fer the owner’s gun back.

To fur­ther com­pli­cate mat­ters, because the pro­ce­dure at the FFL’s doesn’t dis­tin­guish between sales and oth­er kinds of “trans­fers” (like loans), before the ini­tial trans­fer the own­er should ide­al­ly have a nota­rized let­ter, clear­ly stat­ing that the own­er­ship or title of the firearm is not being relin­quished.

There are a few exemp­tions which apply, includ­ing trans­fers between fam­i­ly mem­bers (which are fur­ther defined), tem­po­rary trans­fers occur­ring at a spec­i­fied “estab­lished shoot­ing range,” dur­ing a law­ful­ly orga­nized com­pe­ti­tion, dur­ing hunt­ing, or in the “actu­al pres­ence” of the trans­fer­er. But the actu­al word­ing of each exemp­tion impos­es sev­er­al pre­req­ui­sites and con­di­tions to qual­i­fy, cre­at­ing sev­er­al traps that would be extreme­ly easy for law-abid­ing gun own­ers to fall into.

For exam­ple, there’s an exemp­tion for tem­po­rary trans­fers at an “estab­lished shoot­ing range,” but the vast major­i­ty of tar­get shoot­ing in Maine occurs on the “back 40” or in grav­el pits. Maine is an extreme­ly large, rur­al state. Not every­one lives with­in a rea­son­able dis­tance of, or has the resources to exer­cise their Sec­ond Amend­ment rights only at, a gov­ern­ment-sanc­tioned range.

Sim­i­lar­ly, the exemp­tion for hunt­ing is incred­i­bly nar­row. The gun own­er would have to trans­fer the firearm while the trans­fer­ee is in the act of hunt­ing, and the trans­fer and all pos­ses­sion of the loaned gun must occur only in places where hunt­ing is legal. This means that the gun own­er would essen­tial­ly have to fol­low their bud­dy to the tree stand, hand the firearm up into the tree and return before clos­ing time to ensure that no hunt­ing laws are bro­ken. If the bor­row­er is not hunt­ing in a stand, he or she must be sure to nev­er unin­ten­tion­al­ly enter a buffer zone around a build­ing or enter land that is post­ed as “no hunt­ing” — or that trans­fer is no longer legal. (And please note: this exemp­tion has addi­tion­al require­ments.)

This illus­trates how an exemp­tion is more like a land­mine, ripe with ways for hunters to become crim­i­nals. It severe­ly restricts the abil­i­ty of hunt­ing guides in Maine to lend firearms to clients who may have lim­it­ed access to firearms while trav­el­ing through states with strict gun-con­trol laws.

Final­ly, while there is an exemp­tion for a tem­po­rary trans­fer of a gun made in the “actu­al pres­ence” of the gun lender, this applies only if the trans­fer and all pos­ses­sion of the gun takes place exclu­sive­ly in the “actu­al pres­ence” of the lender. “Actu­al pres­ence” is not defined, so it is unclear how this exemp­tion works in prac­tice. Does the lender have to remain at an arm’s length from the bor­row­er? With­in eye­sight? In the same room? This adds to the uncer­tain­ty of how much Ques­tion 3 will restrict nor­mal and usu­al activ­i­ties between gun own­ers and oth­ers.

And per­haps the most damn­ing part of this law is the penal­ties for vio­la­tions. First-time offend­ers would be charged with a Class D crime, which can car­ry a $2,000 fine and just under a year in prison, and the sec­ond offense would result in a Class C crime, which is a felony that car­ries a prison sen­tence of up to five years, a $5,000 fine, and (under fed­er­al law) the per­ma­nent loss of the right to own or pos­sess a firearm.

Ques­tion 3 is inten­tion­al­ly a con­vo­lut­ed mess because it isn’t about stop­ping crim­i­nals. It’s about con­trol­ling gun own­ers, and mak­ing them fear­ful of exe­cut­ing their rights guar­an­teed by both the U.S. and Maine con­sti­tu­tions.

As Chris Cox, exec­u­tive direc­tor of the NRA’s Insti­tute for Leg­isla­tive Action, recent­ly said at a Maine Her­itage Pol­i­cy Cen­ter lun­cheon: “Friends, if you have to con­sult a lawyer before loan­ing a rifle to your cousin dur­ing deer sea­son, you aren’t that free.”




In yet another attempt to fuck us all, the democrats are playing with the backdoor.
Previous post

State Dept. Attempts Backdoor Gun Control

Next post

Those Legs Though!

ER1C ☠

ER1C ☠

Dedicated Second Amendment Advocate, At-Home Gunsmith, Designer, Blogger, Video Guy, Author, Business Owner & ReloadOne Member.

No Comment

Leave a reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.