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.
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ER1C ☠

ER1C ☠

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

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