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c1ogden

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Everything posted by c1ogden

  1. jtd771 should not have any problem once he gets his new FID. See below, taken from ATF's website. My post office box, which is my legal/mailing address, has been on my DL since 1983. Since then I've bought dozens of guns without any problems. 18 U.S.C. 922(t)(1)(C): IDENTIFICATION OF TRANSFEREE 27 CFR 178.124: FIREARMS TRANSACTION RECORD Licensees may accept a combination of valid government-issued documents to satisfy the identification document requirements of the Brady Act. The required valid government-issued photo identification document bearing the name, photograph, and date of birth of the transferee may be supplemented by another valid, government-issued document showing the transferee's residence address. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located, and may satisfy the identification document requirement by presenting his or her military identification card along with official orders showing that his or her permanent duty station is within the State where the licensed premises are located. ATF Ruling 79-7 is superseded. ATF Rul. 2001-5 The Bureau of Alcohol, Tobacco and Firearms (ATF) has received numerous inquiries from Federal firearms licensees (FFLs) regarding the acceptance of identification documents that do not show the purchaser's current residence address. FFLs have asked whether they may accept other documents, such as tax bills or vehicle registration documents, to establish the current residence address of the purchaser. It has been ATF's longstanding position that licensees may accept a combination of documents to establish the identity of a firearm purchaser. ATF Rul. 79-7, ATFQB 79-1, 26, interpreted a licensee's obligation to obtain satisfactory identification from a purchaser in the manner customarily used in commercial transactions, pursuant to the existing regulations under the Gun Control Act of 1968 (GCA). The ruling held that satisfactory identification of a firearms purchaser must include the purchaser's name, age or date of birth, place of residence, and signature. The ruling also held that while a particular document may not be sufficient to meet the statutory requirement for identifying the purchaser, any combination of documents that together disclosed the required information would be acceptable
  2. I agree with those who say that rights shouldn't have any prerequisites (other than citizenship!). On the other hand, proper education and training could, overall, be a tremendous benefit. I mean, just look at voting. If people had to demonstrate even a minimum amount of knowledge about the issues before being allowed to vote then NObama could not possibly have been elected! Or Pelosi! Or any of the other subversive leftists! I don't have an answer to the problem but untrained people do stupid things and that causes our cause to lose credibility. I don't want to require training but I want people to have it.
  3. You are correct in that the bullet itself, not the whole cartridge, is what is illegal. In the police academy they told us that the easy way to remember was that if the person could legally possess a handgun without a carry permit then he could legally possess HP ammo as the list of exemptions is the same (2C:39-6f).
  4. War story or not, everything I've posted is factual. You mentioned the "mythical uninformed cop". I merely posted proof that there is nothing mythical about it. Many cops are uninformed. That doesn't make them idiots. Its very difficult for us to keep track of several thousand laws, many contradictory, when hundreds of them change every year. You also need to look up some definitions as nothing that you quoted is even close to rambling or a diatribe. A I said before, I've read of cases where courts have ruled that loaded magazines in proximity to unloaded firearms have been ruled to be the legal equivalent of a loaded firearm. Can I recall any happening specifically in NJ? No. However, as we all know, if another state gets away with something ridiculous it is just a matter of when, not if, that NJ does it too. I agree with the other answers in that its better to be safe than sorry. You do as you wish and hopefully you will never have the hassle of dealing with an unjustified criminal charge like Mr. Aitken and many others did.
  5. Actually the high capacity magazines are news to me. I've never seen that mentioned before so I put Brian's name into Google. Of the 10 hits on the first page only one article mentioned the alleged possession of "high capacity" magazines and, considering the accuracy of the source (ABC news), I still don't know if he had them. The article also mentioned that hollow point bullets that Brian had were illegal but we all know that isn't true either. The fact of the matter is that Brian was convicted because the judge refused to follow the law by refusing to give the jury the information about the exemptions to the law that we all know Brian was covered by. And Brian was only put into that position because a cop may have arrested him for perfectly legal conduct (again, this is the first I've heard about that magazine thing). In any case, all reports say he was convicted possession of the handguns which we all know were legally possessed. The answer to your enforcement question is - never. I've never arrested anyone on any type of gun charges. Not being the storm trooper type, whenever I saw someone transporting a gun illegaly I simply told him how to make it legal and then released him. Jailing people for innocently violating unConstitutional laws serves purpose other than tyranny.
  6. It does not have to be cased if you have a carry permit. These are almost impossible for handguns but a Firearms Purchaser Identification Card allows you to purchase and carry long guns (2C:39-5c). If you have a FPIC you can carry uncased (and unloaded) long guns in your car or on your person but you can be sure that you'll be harassed about it.
  7. "Uninformed cops" are not mythical and anybody who thinks so is living in a fantasy world. I have stopped several other officers from making arrests for perfectly legal conduct that they "thought" was illegal. When I was in college I was personally stopped while enroute to Thunder Mountain Trap & Skeet Range because the officer "thought" my cased shotgun had to be in a locked trunk and that having it strapped to the back of my motorcycle seat was illegal. Fortunately for me, his backup had a copy of the statute book and I was proved right and released.
  8. "And the courts cannot make up stuff." Tell that Brian Aitken! "NJ does not define a loaded mag as being a loaded firearm" That's the point! They don't define "loaded firearm" so some courts/prosecutors may feel free to use their own definition. I don't recall if it has happened here but it has happened! If it has happened somewhere else its just a matter of time until it happens here. "You need to read the NJ laws, stop reading crap out there on the internet." Having been "gun people" for most of my life, and having spent 29 years as a NJ cop, I'm quite familiar with NJ's gun laws. In fact, a complete copy of the criminal code sits right next to this computer on my desk.
  9. TSA wasn't checking the guns. They never asked for the key to the gun case. They opened the bags only because the laptops apparently (they said) look like bombs to the x-ray machines. My point was that, as far as I'm concerned, being walked down to the TSA screening area by the GSC was a benefit because, if they had a reason to open a bag, I would be there with the key so they wouldn't destroy anything. And again, I don't know if it was coincidence or deliberate but they always went through the bag in an area where I could see them from the waiting area that the GSC brought me to.
  10. Definitely not a myth! I have read of several cases (not necessarily in NJ) in various gun or police magazines where courts have ruled that a loaded magazine near an unloaded gun constituted a loaded gun even when the law didn't specifically define it as such. NJ law doesn't define "loaded firearm" so some courts may feel free to define it for themselves. I wasn't there but its my guess that the instructor may have just been trying to keep his students from falling victim to some unscrupulous anti-gun cop/prosecutor/politician.
  11. I don't know if anything has changed but when the 15 round limit first came out we were told that it also applied to us (cops). Enough of a stink was raised by agencies that issued the Glock 17 (only gun at the time to have a mag larger than 15 rounds) that the attorney general sent out an opinion that said we could POSSESS and use magazines that were owned by our employing agency but we couldn't own or purchase them ourselves.
  12. I see that as an advantage. In the "flying armed" classes we were told to request the airline's Ground Security Coordinator and I do this whether I'm checking the gun or carrying it. At Newark I'm always taken to a back room to show that the gun is unloaded (out-of-sight-of-the-public is a federal requirement) and then, instead of putting my bag on the conveyor belt, the GSC carries it to the TSA checkpoint and hands it to the TSA guy. He then waits with me until they clear it. If they want to open the bag I'm right there with the key. I don't know if its coincidence or intentional but every time they did open the bag (only when there was a computer in it!) it was done in an area where I could watch them. They then handed the key back after relocking the bag. They've never asked for the key for the gun case.
  13. Definitely call the airline or check their website BEFORE you buy your ticket. Some airlines do not allow transport of firearms AT ALL. Many airlines also restrict how much ammo you can carry.

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