View Full Version : Confusion with the new background check law
Eggysrun
03-12-2013, 19:17
I need some clarification on the BGC bill passed.
I'm married and we generally share our things. So how does this all work with the new bills? My wife didn't go through any background checks, but as far as I know I legally share ownership of all my firearms with her. For example: I bought her a handgun through a private sale, but sometimes I'll take it out with me to CCW.
Another example: I'm away at work and she decides to shoot some rounds at our local gun range, she takes the gun I got her and another one of my handguns (which I did pass through a BGC to get) because I encourage her to be proficient with all firearms in our home.
Another example: She gets her CCW permit, takes out the gun I bought her that never had a BGC for purchase....so now what?
I am REALLY confused with these new laws coming. Does she now need to do a BGC on the gun I bought for her to use? How does it work with her handling firearms that I purchased with a BGC?
My wife open carries her gun, I am just concerned if she has to someday have to use it that with the new laws coming she'd not only lose her gun but get into a lot of trouble with the law.
I am simply trying to understand how these new laws are supposed to work.
Pretty sure the people that passed it don't understand it. They'll make stuff as the situation dictates.
Great-Kazoo
03-12-2013, 20:00
EVERYTHING You purchased were given to her as GIFTS. Everyone is over thinking the as of yet unsigned law. It is your[s] to do as seen fit.
EVERYTHING in possession now or after 7/1 cannot be found to have belonged to Owner X and not person Y. The burden of proof is on the .gov.
The LCSO said they will not enforce it. If you're out shooting and someone who feels they are in charge ask you questions, it's your wife's gun. End of conversation. Anything after that.........i suggest they have a LC or WC sheriff on site to handle any other issues.
I don't really give a shit what the law says. I bought them, they are mine, my wife can use them if she wants to, just like my son will be able to.
This is a little more painful with the magazine size law.. Under the new magazine size law there is no provision for any type of legal transfer. This means if you so much as, in your own house, hand your wife a 30 round AR mag you have now committed a Class 2 misdemeanor and will loose your rights to own guns forever.
TEAMRICO
03-12-2013, 20:23
Laws? Laws? hahahahahahahahaha
brokenscout
03-12-2013, 20:36
Blood & Steel, lol
Laws? Laws? hahahahahahahahaha
Eggysrun
03-12-2013, 20:56
I bought them, they are mine, my wife can use them if she wants to.
Exactly my thinking too.
This is a little more painful with the magazine size law.. Under the new magazine size law there is no provision for any type of legal transfer. This means if you so much as, in your own house, hand your wife a 30 round AR mag you have now committed a Class 2 misdemeanor and will loose your rights to own guns forever.
And that confuses me because from what I understand don't spouses share personal property rights? Hence the mags I have are as much as mine as they are hers?
Exactly my thinking too.
And that confuses me because from what I understand don't spouses share personal property rights? Hence the mags I have are as much as mine as they are hers?
A divorce lawyer will tell you yes. A prosecution lawyer will tell you no.
I don't really give a shit what the law says. I bought them, they are mine, my wife can use them if she wants to, just like my son will be able to.
Yep... This whole mess is just ludicrous. [Mad]
And that confuses me because from what I understand don't spouses share personal property rights? Hence the mags I have are as much as mine as they are hers?
From 1224 as amended.
EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION ON AND AFTER JULY 1, 2013, A PERSON WHO SELLS TRANSFERS OR POSSESSES A LARGE CAPACITY MAGAZINE COMMITS A CLASS 2 MISDEMEANOR.
Note the use of the word "person". Singular. e.g. an individual.
muddywings
03-12-2013, 21:08
I'm not going to over think it.
**********
I get pulled over.
Officer, "Do you have any weapons on you?"
Me, "Yes sir, here is my CCW and I'm carrying."
Officer, "Is the weapon yours."
Me "yes officer, it's mine."
Officer, "move along. move along"
Go home take off gun; wife decides she needs to run an errand and takes my gun and just slides the holster onto her belt and out she goes:
Wife gets pulled over.
Officer, "Do you have any weapons on you?"
Wife, "Yes sir, here is my CCW and I'm carrying."
Officer, "Is the weapon yours."
Wife, "yes officer, it's mine."
Officer, "move along. move along"
I heard somewhere the possession is 9/10ths the law ;)
It's unenforceable and it's useless. It makes life more difficult in the TP but between the wife and me, ehhh...not wasting braincells on it!
kidicarus13
03-12-2013, 21:26
...you have now committed a Class 2 misdemeanor and will loose your rights to own guns forever.
Where did this part come from?
I'm not going to over think it.
Its not quite that easy for some of us. There are quite a few on this list that have to answer stupid questions every few years. Some of those questions include "Other than minor traffic issues, have you broken any laws"...
lowbeyond
03-12-2013, 21:41
Just say no. Yes lie to the fukking government. Who cares. You have undoubtedly broke other laws beyond traffic offenses. You just have not been charged yet
We are a nation of criminals thanks to the government and the law. It is pretty impossible to not break the law. All that is left is for you to wait your turn to be put through the grinder for laughs and money
Where did this part come from?
I am curious about that as well. Its not a domestic violence charge or a felony, so I would still be able to possess a firearm
Busta Prima
03-12-2013, 21:53
As always, we will be our own worst enemies and yes it's not even law and it's being "overthunk-ed" Just ignore it. Whomever is holding the mag owns the mag. Every mag was purchased legally. Don't consent to any searches and don't talk to any cop about it without talking to an attorney first. Pretty generic advice, really.
As always, we will be our own worst enemies and yes it's not even law and it's being "overthunk-ed" Just ignore it. Whomever is holding the mag owns the mag. Every mag was purchased legally. Don't consent to any searches and don't talk to any cop about it without talking to an attorney first. Pretty generic advice, really.
This ^^^^ It's up to the scumbags to prove who owned the mag on July 1
Great-Kazoo
03-12-2013, 22:57
This ^^^^ It's up to the scumbags to prove who owned the mag on July 1
I've been saying this in all my responses to hysterical post. Yet like some in the new TP Rules, they don't get it. Is this yours, yes. Move along these aren't the droids you're looking for.
Eggysrun
03-12-2013, 23:14
I've been saying this in all my responses to hysterical post. Yet like some in the new TP Rules, they don't get it. Is this yours, yes. Move along these aren't the droids you're looking for.
I could see a bumper sticker saying "These aren't the magazines you're looking for" lol
spqrzilla
03-12-2013, 23:17
The bill hasn't passed both Houses yet. The Senate amended it. By the way, Chuckie Schumer just introduced the same language - but as a 5 year Federal Felony - in the US Senate where it passed out of the Judiciary committee already.
All of my life I hate the politic and the politicians but now I'm 1000% sure that all this Moronators (Senators in real language) don't have any mass inside the head, they know that this bill/law is unenforceable and they continue with this circus.
Anyway " I will not obey this law"
OneGuy67
03-13-2013, 10:43
This is a little more painful with the magazine size law.. Under the new magazine size law there is no provision for any type of legal transfer. This means if you so much as, in your own house, hand your wife a 30 round AR mag you have now committed a Class 2 misdemeanor and will loose your rights to own guns forever.
Where did this part come from?
I am curious about that as well. Its not a domestic violence charge or a felony, so I would still be able to possess a firearm
From the bill:
18-12-302. Large-capacity magazines prohibited - penalties - exceptions.
(1)(a) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ON AND AFTER JULY 1,2013, A PERSON WHO SELLS, TRANSFERS, OR POSSESSES A LARGE-CAPACITY MAGAZINE COMMITS A CLASS 2 MISDEMEANOR.
(b) ANY PERSON WHO VIOLATES SUBSECTION (1) OF THIS SECTION AFTER HAVING BEEN CONVICTED OF A PRIOR VIOLATION OF SAID SUBSECTION (1) COMMITS A CLASS 1 MISDEMEANOR.
(c) ANY PERSON WHO VIOLATES SUBSECTION (1) OF THIS SECTION COMMITS A CLASS 6 FELONY IF THE PERSON POSSESSED A LARGE-CAPACITY MAGAZINE DURING THE COMMISSION OF A FELONY OR ANY CRIME OF VIOLENCE, AS DEFINED IN SECTION 18-1.3-406.
Penalties as laid out in 18-1.3-501:
Class 1 Misdemeanor:
Minimum: Six months imprisonment or $500 fine or both
Maximum: Eighteen months imprisonment or $5,000 fine or both
Class 2 Misdemeanor:
Minimum: Three months imprisonment or $250 fine or both
Maximum: Twelve months imprisonmen or $1,000 fine or both
No mention of any additional loss of rights...at least in this bill. One of the others does mention a loss of gun rights for two years.
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