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Firearms Interstate Commerce Reform Act Introduced

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Cool! buy handguns in any state, as long as they follow the laws of the home state. Still dicked here in NJ, but it's progress for free America.

 

I imagine NJ will squeal about this one. The chances are quite likely that some remote place in bumdiddle will sell you a handgun with a proper NICS check without Ogam or pistol permits, simply out of ignorance.

 

 

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http://www.sitnews.us/1011News/101211/101211_reform_act.html

 

Firearms Interstate Commerce Reform Act Introduced

 

 

 

October 12, 2011

Wednesday

 

 

(SitNews) - U.S Senators Mark Begich (D-Alaska) and Orrin Hatch (R-Utah) have introduced the Firearms Interstate Commerce Reform Act. The bill allows for the interstate sale of firearms and removes several antiquated and unnecessary restrictions imposed on interstate firearms transactions.

 

“Current laws restricting interstate commerce of firearms not only lag behind common sense and new technology, they are unfair and burdensome,” Sen. Begich said. “This legislation cleans up decades-old laws that are unnecessarily restricting the rights of Alaskans and other Americans to purchase and sell firearms.”

 

“Utahns and Americans everywhere have a right to bear arms, and this legislation ensures that onerous and outdated restrictions on everyone’s Second Amendment rights are no longer in place,” Sen. Hatch said. “By removing these restrictions, we can ensure that the constitutional freedoms we seek to protect remain intact.”

 

“The National Instant Criminal Background Check System has made many restrictions enacted in 1968 obsolete. It’s time to bring the law into the 21st century. This important legislation will modernize and streamline interstate firearms transactions. The NRA and gun owners across the nation thank Senators Hatch and Begich for their leadership on this issue,” said Chris W. Cox, executive director of the NRA Institute for Legislative Action.

 

The Firearms Interstate Commerce Reform Act removes a number of restrictions from the Gun Control Act of 1968, which only allowed licensed dealers to sell rifles and shot guns to residents of a different state under a lengthy series of conditions. The restrictions were supposed to prevent buyers from evading “background checks” available at the time, which were mainly carried out through state laws requiring local police chiefs to issue firearms permits.

 

However, since 1998, all people buying firearms from dealers in the U.S. have been subject to computerized background checks under the FBI’s National Instant Criminal Background Check System; a system much more sophisticated and advanced than what was available in 1968. As a result, the complex system of state laws currently restricting the interstate commerce of firearms is outdated. In some cases, current law requires citizens to jump through so many hoops, it hinders or even prevents these sales.

 

The new law would allow:

 

Individuals to buy handguns, as well as rifles or shotguns, from licensed dealers in another state, subject to the background check requirement. The buyer and dealer would still have to meet in person and comply with the laws of both states;

Dealers to engage in their business at gun shows in other states, but would have to comply with the laws in the state where the gun show takes place;

The bill would reduce theft and loss of firearms during shipment between dealers by getting rid of a provision that says dealers may not transfer firearms to one another face to face, away from their business premises. Currently, dealers who agree on a sale are forced to return to their businesses and ship firearms to one another which involves some risk of theft or loss. The new law would allow an in-person exchange.

 

Similar legislation has been introduced in the House.

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Nice step nationally, but if it passed it wouldn't do anything for us in NJ, right? I doubt any non-NJ FFL is going to want to assume the liability involved with processing NJ handgun permits and complying with OGAM.

 

Well... they would sell you the gun, but compliance with OGAM and NJ pistol laws (15 mag cap) would be up to you. Kinda like how PA will sell you an AR that is illegal in NJ. NJ laws end at the Delaware and Hudson... and the northern border... :p

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Well... they would sell you the gun, but compliance with OGAM and NJ pistol laws (15 mag cap) would be up to you. Kinda like how PA will sell you an AR that is illegal in NJ. NJ laws end at the Delaware and Hudson... and the northern border... :p

Federal regs require that FFLs can only sell firearms that are legal in the state they are from and the buyer is from, so they cannot sell you any firearm that is not legal in your home state.

 

I would imagine that OGAM would not apply to out of state dealers since NJ has no way to enforce that outside NJ, and the ATF (at least so far) doesn't get involved gun rationing. The AW ban would still apply because the gun itself is not legal for the FFL to sell to you.

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