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A Gun-law expert Alan Korwin is calling for calm in the national uproar over John Kerry's possible serious gun violations during a recent photo op in Racine, W.V.

The national clamor over the Democratic presidential candidate, who took possession of a Browning semiautomatic shotgun outside his home state, reflects a problem with the laws and should not be used to arrest and prosecute the man, Korwin says.

A gun crossing state lines is heavily regulated thanks to John Kerry and his ilk.

"There are so many charges Kerry might face," according to Korwin, who has written seven books on gun laws, including the unabridged plain-English federal guide "Gun Laws of America."

1. Taking ownership of the shotgun gift, if he doesn't already have a valid Massachusetts Firearm Identification Card, could subject him to a two-and-a-half-year prison term in his home state. Since he has claimed publicly he owns firearms, chances are he has this critical piece of paper, Korwin says.

2. Bringing the firearm back to Massachusetts, if he received it from a private party, would be a federal felony under the 1968 Gun Control Act (five years in prison, $5,000 fine, 18 USC §922).

3. The only exemption that would allow him to bring it into his home state requires that he obtained it in a face-to-face transaction with a federal firearms licensed dealer (FFL). A private gift would not qualify.

4. If Kerry did get it from an FFL, he would have had to personally fill out and sign a 4473 form, required by the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), before the gift was given, under penalty of federal felony.

5. If Kerry did not personally undergo a "NICS" instant background check before the transfer from an FFL, he would have put the person conducting the transfer in some legal jeopardy, though the law contains a loophole that probably would save Kerry from additional harm (the dealer, not the recipient, suffers from failure to do the NICS check).

While gun lobbyists are inflamed that Kerry introduced a law that would outlaw this particular type of sporting shotgun and gun gifts in general, it is a good thing the law has not passed yet, because then it might be too serious a problem to simply ignore.

Korwin says that calls to indict Kerry are premature and "most certainly overkill. John Kerry should receive the same lenient treatment any other citizen deserves when innocently violating these complex and non-intuitive rules." At least give him a chance to explain, Korwin pleads.

Unfortunately, federal authorities from BATFE have been known in the past to be inflexible in their enforcement of even minor technical violations (note that none of these felony violations involve a victim or any sort of harm). With widely circulated evidence, in the form of photographs of Kerry in obvious possession of the firearm, he could find himself subject to the long arm of the law.

More importantly, Korwin says, "Some of these laws are just foolish, putting honest citizens at enormous and unjustified risk, and are so complicated that even a presidential candidate and his staff cannot figure them out."

Guest · Posted: Mon Sep 13, 2004 12:09 pm Post subject:

I say lock him up anyway

kerrlied · Ensign Joined: 20 Aug 2004 Posts: 50 Location: Seattle

Will any one do anything about it?
It seams like Kerry Gets away with anything he does.

stevieboy · Posted: Mon Sep 13, 2004 12:52 pm Post subject:

Lets not forget to fill out Massachusetts FA-10 to cover this transaction. Even private transactions must be recorded on the FA-10 which records the transaction and triggers another police check.

Depending on the configuration of the shotgun, he should check wether it is large capacity and requires more than a Massachusetts FID card.

Just think, when he is president, all of America will enjoy these same gun laws. We also extended the effects of the Assault Weapons Ban with our own state law. Aren't we special?

If he's smart, he'll drive it up to Teresa's "farm" in PA and leave it there.

SangRun Hunter · PO1 Joined: 10 Sep 2004 Posts: 462 Location: Zinzinnati

If anyone does anything about said gift of the shotgun then Bush would face something similar most likely.

Bush has probably ben given similar gifts.

Is there any proof that Kerry kept it? He might have given it back after the rally was over.

I'd rather see the man brought up on treason and war crime charges.
_________________
Mad as Hell!

FoxURA · Ensign Joined: 19 May 2004 Posts: 63 Location: Texas

Kerry just keeps stepping in it doesn't he?

BC · PO3 Joined: 08 Aug 2004 Posts: 288 Location: Oklahoma City

Forget about going after him with gun laws, go after him for excepting the gift as a Senator, there are a few Senate rules and laws about what you can and cannot except (and from who) and how much money it is worth.
_________________
Remember United Flight 93, "Are you guys ready? Let's roll."
Duty Honor Country

ord33 · Rear Admiral Joined: 11 Aug 2004 Posts: 670 Location: Ohio

The guy who gave the gun to him was Cecil Roberts, Pres. United Mine Workers of America, is the guy who went nuts in Racine, WV and handed the gun to Kerry. He went on the rampage and said "When John Kerry was dodging bullets in Vietnam, George Bush and Dick Cheney were dodging the draft in the United States,". He is on the advisory board of the Veterans Institute For Security & Democracy, the group that had a press conference yesterday attacking the rally of Vietnam Veterans for Truth yesterday in D.C. There are so many direct connections with the Kerry Campaign and the group it is amazing. Practically every Officer of the Organization, the President, & Many of the Board work directly with the Kerry Campaign.

President, Officers, & Advisory Board Of The Veterans Institute

Wayne Smith (President) - Member of Kerry Campaign
Col. Richard Class (Officer) - Spoke at DNC Press Conference Attacking Bush's Guard record, asked by Smith to speak
Bob Jones (Speaker Yesterday) - MD Veterans State Coordinator For Kerry Campaign
Gen. Tony McPeak (Advisor) - Appears in Official Kerry Campaign Commercial, speaker at DNC.
Gen. Randolph Jayne (Advisor) - Missouri State Vet. Coordinator Kerry Campaign
Brenda Reed (Advisor) - Iowa State Vet. Coordinator Kerry Campaign
Gen. A. Verrengia (Advisor) - Member Of Texas Veterans For Kerry
David Cline (Advisor) - 1970 Member of VVAW, Current National Coordinator of VVAW and Pres. Of Veterans For Peace.

Their website also says ""Paid for by Veterans Institute for Security and Democracy and not authorized by any candidate or candidate's committee." That is laughable.
www.veteransinstitute.com
(All the above connections can be established from the links in the thread below)
http://www2.swiftvets.com/phpBB2/viewtopic.php?t=8971&postdays=0&postorder=asc&start=15
http://www.ljworld.com/section/worldnation/story/180708

ord33 · Rear Admiral Joined: 11 Aug 2004 Posts: 670 Location: Ohio

I just found another connection. All of these together cannot be legal can it?
Gen. Joseph Hoar (Advisory Board Of Vets Institute Group) is a member of the Senior Military Advisory Group within the Kerry Campaign

http://www.gwu.edu/~action/2004/kerry/kerrorggen.html
http://www.veteransinstitute.com/program.htm

BC · PO3 Joined: 08 Aug 2004 Posts: 288 Location: Oklahoma City

Standing Rules of The Senate....click to read all the rules.

RULE XXXV

GIFTS

Geano · Posted: Mon Sep 13, 2004 7:03 pm Post subject:

Bill Levinson · Seaman Joined: 25 Jul 2004 Posts: 184

Kerry should be reported to the BATF (if he did not accept the interstate transfer of gun through a FFL dealer as required) and also to the Senate Ethics Committee. This should be done publicly so it will be impossible to sweep under the rug.

The LibDems are the ones who support "zero tolerance" enforcement of laws, aren't they? Let's give them what they want.
_________________
--Bill
http://www.stentorian.com/politics/kerry Growing dossier on John Kerry's lack of character, ethics, and integrity. Free leaflets, Election 2004

FoxURA · Ensign Joined: 19 May 2004 Posts: 63 Location: Texas

I can't wait until Bush can finally get his judges appointed. Hopefully then Kerry and Don Clintonlioni could be tried for the crimes they have commitred.

BTW: The senate minority leader, Howard Dean, is behind in the polls for re-election!!

a6502 · Ensign Joined: 13 Sep 2004 Posts: 64

Um, I don't want to be a wet blanket but...

I personally do not believe that many of the gun control laws are constitutional (and yes, I have read it all the way through), and thus would never dream of turning somebody in for a 'technical' violation of these types of rules. Not even the honorable Mr. Kerry. (Don't confuse this with a nutball position on gun control, felons should not be armed, and I don't want my neighbor having nuclear weapons without some sort of vetting process.)

The rules on gifts to current government employees WAS a clear violation, and this is really the more important thing. These rules were created to eliminate 'buying' favors from those in power, or with some say in regulation and enforcement policy.

So, do you care more if a Senator is armed, or corrupt?

wally626 · Posted: Tue Sep 21, 2004 11:26 am Post subject: