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WV Leads 27 States,Territories in Supreme Court Brief Supporting Citizens’ Rights to Buy, Sell Guns

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This is from Ammo Land.

If you can legally own a firearm where is the problem?

The problem is Barack Obama and Eric Holder the gun

hating Communist in control of our government.

West Virginia

CHARLESTON, West Virginia –-(Ammoland.com)- West Virginia Attorney General Patrick Morrisey today announced that West Virginia and 25 other states and one territory have filed an amicus, or friend of the court, brief with the U.S. Supreme Court opposing a federal government attempt to prosecute legal gun owners who wish to sell a weapon to another person who can legally own and purchase firearms.

“Our Office is proud to lead a bipartisan group of 27 states and territories in this brief to oppose the U.S. Department of Justice’s attempt to unilaterally create a federal restriction on firearm sales between law-abiding citizens,” Attorney General Morrisey said.

“We believe that every legal gun owner in this state and nation should be interested in the outcome of this case.”

The case, Abramski v. United States of America, challenges whether federal law prohibits citizens who legally buy a firearm from a licensed dealer with the intention of then selling that gun to another private citizen who also may legally own and purchase firearms.

The Obama administration argues that the citizen who buys and then sells the gun is acting as a “straw purchaser,” which they claim is illegal under several federal statutes.

The States, however, argue that Congress has never passed a federal law that prohibits such purchases. At most, the laws relied on by the United States prohibit private citizens from selling guns to people who are prohibited from owning firearms, such as minors, convicted felons, or people who have been diagnosed as having mental illnesses. It is up to the States and their citizens to decide whether to implement additional regulations on private gun sales.

West Virginia is joined in this brief by attorneys general representing Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Guam, Idaho, Indiana, Kansas, Kentucky, Louisiana, Michigan, Missouri, Montana, Nebraska, New Mexico, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia, and Wyoming.

“This case is important to West Virginia citizens who wish to practice their Second Amendment rights and sell firearms to other legal West Virginia gun owners,” Morrisey said. “The State of West Virginia does not discourage private gun sales, but the Department of Justice wants to ensnare innocent West Virginian gun owners in a web of criminal laws if they try to sell their guns. This federal overreach is a blatant attempt to overstep state regulations and Congress in order to steer more gun sales to federally licensed dealers, who then make federal records of every transaction.”

The states’ amicus brief is in support of a former Roanoke, Va., police officer, Bruce Abramski, who purchased a gun in 2009 using a law enforcement discount and sold it to his elderly uncle, who lived in Pennsylvania. Both Abramski and his uncle could legally own firearms and made the transaction in accordance with Pennsylvania gun laws, including a background check of the purchaser. However, federal authorities prosecuted Abramski on the grounds that he made false statements on the gun purchase form.

In January 2013, the U.S. Court of Appeals for the Fourth Circuit upheld Abramski’s conviction, saying that such “straw purchases” are illegal under federal law. In October, the Supreme Court agreed to review the conviction.

“Our Office is very concerned about the federal government’s targeting of law-abiding gun buyers,” Morrisey said. “The federal government is attempting to circumvent Congress and set aside state regulations that don’t prevent private gun sales, and instead make sure there is a federal record of every gun bought or sold in the United States. While no one wants guns to end up in the hands of a potential or real criminal, the administration’s interpretation oversteps the law and could make criminals out of innocent citizens.”

Oral arguments are scheduled for Jan. 22, 2014, with a decision to come by the end of the court’s session in June.

To read the amicus brief, go to http://www.wvago.gov/pdf/12-1493tsacWestVirginia%20Abramski%20V%20US.pdf

Read more: http://www.ammoland.com/2013/12/supreme-court-brief-supporting-citizens-rights-to-buy-sell-guns/#ixzz2mkoldkD4
Under Creative Commons License: Attribution

 

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14 States Now Opposing Concealed Carry Permit Restrictions

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This is from Freedom Outpost.

It sounds like 14 states are joining the free world.

With Obama as president out rights are in peril.

We will need to stand strong and unified.

cc-for-the-petite-woman-cover

Kansas has become the fourteenth state to join in support of the U.S. Constitution’s Second Amendment, agreeing that a person does not need to show why they want a permit to carry their firearm concealed.

In a case before the 4th U.S. Circuit Court of Appeals in Richmond, Virginia Kansas has been added to the list of states which oppose requiring those who apply for concealed carry permits to provide a reason for carrying concealed. Attorney General Derek Schmidt confirmed the addition on November 15.

The court is reviewing a decision by a Maryland district court which struck down a Maryland requirement that a person had to provide a reason for needing to carry their firearm concealed before a permit would be issued.

“Citizens who qualify to have a concealed carry permit should not be required to clear the further hurdle of showing the government why they need to have a firearm,” Schmidt said. “The Second Amendment protects the individual’s right to keep and bear arms and does not allow the government to demand to know the reason why.”

The Wichita Eagle reports,

Maryland is among 10 states with a concealed-carry law that has further restrictions, such as requiring a reason for the permit. In Maryland, the law requires a person to have “good and substantial reason to wear, carry, or transport a handgun.”

The Maryland State Police unit that handles the permit requests has said that “such a reason must reflect more than `personal anxiety’ and (show) a level of threat beyond that faced by the average citizen,” according to court filings.

According to the National Conference of State Legislatures, Kansas is one of 39 states with laws on the books that do not require a person to give a reason for needing the license.

The other thirteen states that Kansas has joined with in the brief before the court are: Alabama, Arkansas, Florida, Kentucky, Maine, Michigan, Nebraska, New Mexico, Oklahoma, South Carolina, South Dakota, Virginia and West Virginia.

Read more: http://freedomoutpost.com/2012/11/14-states-now-opposing-concealed-carry-permit-restrictions/#ixzz2D1QFo3Q6

 

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