‘Under the Gun’ Director, Stephanie Soechtig, Confesses to Federal Gun Crimes

Ms. Stephanie Soechtig excitedly states in a video interview with The Lip TV how she brazenly broke federal gun laws for Katie Couric’s anti gun hit piece Under the Gun.

Stephanie Soechtig
Stephanie Soechtig
AmmoLand Gun News
AmmoLand Gun News

USA –  -(Ammoland.com)-  A story AmmoLand News recently broke, left Katie Couric facing a firestorm of criticism for the deceptive editing tactics used in her latest anti-gun documentary, Under the Gun.

Tactics that falsely attempted to portray gun rights supporters as being dumbstruck by a question about background checks.

The biased editing led to EPIX pulling the documentary and Ms. Couric issuing a statement acknowledging the deception. Unfortunately, the controversy with this sham documentary may only be just beginning, as now it appears that criminal activity was committed by makers of the film in the process of making it.

As was later reported by numerous outlets, Ms. Couric intentionally made members of the Virginia Citizens Defense League appear speechless following a question about background checks, when in fact they provided a well thought out and intelligent response. You can read the whole story in an AmmoLand News post from the League’s president, Philip Van Cleave, here.

Naturally, the proponents of the film are doing their best to bury the controversy, but no amount of PR work may mitigate the likely violations of federal law induced and committed by the documentary’s staff.

In February, The Lip TV  interviewed the film’s director, Stephanie Soechtig, prior to the film’s release. During this interview, Ms. Soechtig openly discussed how she sent a producer of the film (most likely producer and LAWYER Joshua A. Kunau), who resides in Colorado, to Arizona to purchase firearms (including three pistols) privately. [original video marker 1.27]

According to Ms. Soechtig, the producer met a private seller in a parking lot of a local Wendy’s, and in less than four hours and without a background check, obtained a Bushmaster rifle and three handguns. ( AmmoLand News has highlighted the exact video portion in question below, see the entire video on The Lip TV link above. https:// youtu.be/DSHJSfHsvmw )

Katie Coruic Stephanie Soechtig Crime Video
See same video below from another provider.

Ms. Soechtig incredulously states in her interview how such a private party transfer was legal, but, in fact, under existing federal law, it was illegal.

It is unknown what happened to these firearms and whether or not they returned with the producer to Colorado. Presumably, this crime was committed in order to highlight what the film’s proponents believe to be current inadequacies federal firearm laws, and to educate viewers on the process for obtaining a firearm. As Ms. Soechtig stated, all of the film’s content was “news to me.” Apparently, existing federal law prohibiting private interstate firearms transfers is also something that will also come as “news” to Ms. Soechtig and her staff.

Under current federal law it is a violation for any person to transfer, sell, trade, give, transport, or deliver any firearm to any person who the transferor knows or has reasonable cause to believe does not reside in the state in which the transferor resides. (18 U.S.C. § 922(a)(5).) Thus, by asking a private party in Arizona to sell the Colorado producer firearms, Ms. Soechtig and her staff induced an otherwise law abiding citizen to commit a federal crime.  There was nothing legal about what Ms. Soechtig and her staff did, despite their slanted attempt to portray in their documentary the private sale of firearms as unregulated and legal.

It is also unlawful for any person other than a dealer to transport into or receive in the state where they reside any firearm purchased or otherwise obtained outside that State. (18 U.S.C. § 922(a)(3).) Violations of these laws can result in a hefty fine and a felony conviction of up to five years. (18 U.S.C. § 924(a)(1)(D).)  Further, if two or more persons conspire to commit any offense, and at least one person commits an overt act in furtherance of the conspiracy, each party to the conspiracy can also face an additional fine and imprisonment for up to five years. (18 U.S.C. § 371.)

In other words, in nakedly advocating for more gun control laws in a one-sided and deceptive piece of propaganda, Ms. Soechtig and her staff likely violated existing federal laws by apparently conspiring to unlawfully import firearms from Arizona into Colorado, and by failing to properly conduct an interstate firearms transfer through a dealer.

It is clear from the fraudulent way in which gun rights supporters were portrayed in the documentary, and the unlawful way in which firearms were obtained to support the documentary’s gun control theme, that neither truth nor the law were concerns of Ms. Soechtig or her staff in creating the film.

Given this latest development, Ms. Soechtig, Katie Couric, and any other individual involved in this possible conspiracy should seek legal counsel immediately, as each could face criminal charges stemming from violations of federal firearm and conspiracy laws.


AmmoLand Editors Update 11:11amEST 6/3/2016: (In response to readers questions) While we may personally agree that the private transfer or sale of guns should be lawful regardless of what state or territory you live in or come from.  The fact is, current federal and state laws, prohibit the exact scenario discussed by Ms. Soechtig, and she should be held to the same standard as all of us under the law.


AmmoLand Editors Update 8:48pm ESt 6/7/2016  The Lip TV files a Copyright Takedown Notice with Youtube to prevent AmmoLand News from showing a small clip of their video of Ms. Soechtig breaking the law.  

“AmmoLand is deeply disappointed that Youtube would pull a video that is part of a legitimate news story highlighting main stream media’s total disregard of Federal and State gun laws. We will be appealing the copyright takedown notice. ” Fredy Riehl, Editor AmmoLand News.”

The Lip TV files a Copyright Takedown Notice with Youtube
The Lip TV files a Copyright Takedown Notice with Youtube

AmmoLand Editors Update : 10:19amEST 6/08/2016 Added back embedded video. This time from alternate source not hosted or managed by AmmoLand News.

Same incriminating Video from alternate source:

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MBH

The media has gotten away with reporting oninion instead of fact for so long they think it falls under Freedon of the Press! Wrong, opinion is not press. Jail thier but.

kF

Dear Friends, I just added the petition: “ENFORCE GUN LAWS” It would mean a lot to me if you took a moment to add your name because: GUNS LAWS MUST BE ENFORCED. IT DOES NO GOOD TO PASS NEW GUN LAWS UNLESS THE DOJ AND BATFE ENFORCE THE EXISTING LAWS. THE SHOOTING IN ORLANDO,SANDY HOOK, COLORADO AND OTHER PLACES DICTATE ENFORCEMENT OF EXISTING LAWS, NO MATTER WHO BREAKS THEM. https://www.credomobilize.com/petitions/enforce-gun-laws Real change happens when everyday people like you and me come together and stand up for what we believe in. Together, we can reach tons of people and help create… Read more »

B.Zerker

The only problem with your suggestion and the petition KF is that every “gun law” on the books is unconstitutional except for the ones that prohibit shooting people that are not threatening you or someone else. I just can’t grasp what most people don’t understand about Article VI, Clause 2 and the Second Amendment’s (2A) guarantee. In 2A, the Founders did NOT specify that there were certain “arms” that can be prohibited by government(s), therefore every “arm” is protected and are therefore OUR right to keep (own) and bear (carry). And since something can’t be un-invented, 2A applies to ALL… Read more »

Wild Bill

Gotter done, kF!

KF

I just signed the petition: “

the petition is up !!!!!!!! sign it !!!!

John E.

One of you should start a petition, the anti gun people use this link, to start a petition. write it up like you are concerned about the gun laws being broken, go after these liars. put all the facts in, not the drama, just “broke this law and that law, put the producer name in it,, demand the DOJ go after her. Leave the DRAMA out of it.

after you start the petition, put th link up here and we can all sign it.

https://www.credomobilize.com/petition/new?source=homepage

Al

Perfectly illustrates Madison’s comments:
“It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is to-day, can guess what it will be tomorrow.”
— James Madison, Federalist No. 62, 1788

Raymond Miller

Of coarse there is a different standard. She/they have the right genitalia, party affiliation and employer to say and do what ever they want. To them the end justifies the means, and our Government, both parties, supports them.

Mike McAllister

Time for someone’s butt to be in prison for a long time. Freely given confession should be enough to arrest and confine or is there another standard for liberals who break the law!

Brandon R.

Is their anybody from Ammoland or Congress that will be making sure this doesn’t get swept under the rug???

Wild Bill

No Brandon, it up to us to keep up pressure on those federal bureaucrats ( because it was federal law violated) that have been given the authority to investigate and arrest (special agents, supervisory special agents, special agents in charge); prosecute (Assistant US Attorneys; US Attorneys [the supervisors], and the Attorney General of the US).

Brandon R.

Wild Bill….keep in touch with me if you see anything new happen. I want to keep this out in the open as much as possible and not let it die till we see justice!

Wild Bill

BR, I’ll be right here.

woodchuckwacker666

… it really makes you wonder why there has been a constant number of shootings with the media harping about it day & night, & the politicians demands for more “gun control” that follows right after… they use the same tactics that dictators like Hitler, Stalin, Mao, Fidel, Pol Pot, Bill & Hillary Clinton, etc. use to maintain their power base over the people… time to wake up America & see these despots for who they really are & stand up for your constitutional rights…!!!

TEX

Why couldn’t we as law-abiding citizens arrest these bit*ches ourselves ? I realize that the legalities of a ‘citizens arrest’ vary from state to state but I think that’s the only way justice will be served. We witnessed by a confession as to the federal felonies committed by omission by these women,and it’s our duty to see they pay for these crimes. If any of us would had committed these crimes we already would be in jail probably held without bond. The federal government like the liberal socialists,are working in unison to destroy our 2A rights and make criminals out… Read more »

Smitch

Arrest, Trail, Convict & Jail!

David Green

I believe 1992, with the passage of the “Brady Bill”. You still can purchase a firearm outside of your state of residence, IF: (1) The firearm is a rifle or shotgun (but not a handgun or “other” like a stripped AR receiver); (2) There is compliance with all laws of the state where the purchase occurs (some restrict buying and selling to contiguous states, some have different ID requirements); (3) There is compliance with all laws of your state where the purchase occurs (some restrict buying and selling to contiguous states, some have different ID requirements); (4) The purchase occurs… Read more »

George C

Illegal acts involving liberals is like black folks and racism…..Only liberals are free from breaking any laws no matter what they do and non-liberals are always guilty no matter what they do, just like blacks can’t be racist and all whites are racist simply because they are white. These people will never even be charged, much less prosecuted. The liberal government protects it’s liberal supporters. Obama is an illegal, liberal president, and it’s trickle-down politics from the original source. Follow the leader and do as he does.

Grey Beard

When did this all come about? I Well remember the “contiguous State” rule allowing residents of any State to purchase long guns in a State with a border contiguous to theirs.

RDS

Duly outraged US gun-owner might go to the ATF Hotline (https://www.atf.gov/contact/atf-tips) and post the following or similiarly worded Firearms Violation Tip: “Katie Couric and Stephanie Soechtig (and likely others) involved in producing the film Under The Gun apparently violated existing Federal law which states it is unlawful for any person to transfer, sell, trade, give, transport, or deliver any firearm to any person who the transferor knows or has reasonable cause to believe does not reside in the state in which the transferor resides. (18 U.S.C. § 922(a)(5).) Thus, by asking a private party in Arizona to sell the Colorado… Read more »

RDS

Someone start a Whitehouse.gov petition to compel the ATF to investigate and prosecute these scofflaws.

Infidel7.62

We need to coin a new term, it is not a documentary, it is a lieumentary.

robert wilson

You all are blowing in the wind. bo’s administration has the poorest record of enforcing present firearm laws why would you even remotely think they would do anything about this?

Frogg

Put these people in jail for this!!!!!!!!!!!!!!!!!!!!! They knew that they were breaking the Law!!!!!!!!!!!!

B.Zerker

Actually Frogg, they violated NO law(s)… To be precise, they violated unconstitutional “codes”. USC “Codes” that directly and unconstitutionally “chill” the “free and unencumbered” exercise of a “secured right” that is guaranteed to the people by the U.S. Constitution – the Supreme “Law”. Article VI, Clause 2, (the Supremacy Clause) ensures this and it is confirmed by Marbury v. Madison: 5 US 137 which states that: ‘NO provision of the U.S. Constitution is designed to be without effect, and that anything (rule, regulation, etc.) that is in conflict or supersedes its guarantees is null and void.’ We’ve all been indoctrinated… Read more »

Wild Bill

Wouldn’t it be terrific if Couric and her fellow conspirators had to use the “GCA is unconstitutional” defense to stay out of jail. How ironic they start out to achieve more gun control by deceitful means and end up getting rid of the GCA as an unconstitutional infringement on the 2nd Amendment. What a dream come true that would be.

Dave from San Antonio

If they don’t spend some serious time making little rocks out of big rocks…then the whole BATF is a sham…along with all our “gun-laws”. IF our current gun laws were upheld…the “problems” that legal gun owners face…would be far fewer.

Eric

She claims the Bushmaster is an automatic , charge her under unlawful machine gun possession under NFA laws. If they don’t every lawyer will ask to overturn every illegal purchase.

Dave from San Antonio

I doubt if she has the slightest idea of what ‘single shot’, ‘semi-auto’ and ‘full auto’ mean…or how they operate.

eric

a bushmaster, one of those automatic ones? what a fool… the fact that she says its perfectly legal just goes to show they have no idea what they are talking about

WarEagle82

Admitting to multiple felonies is a very special kind of stupid, which of course, leftists excel.

ROBERT Powell

IT IS ABOUT TIME FOR THE OLD POSSIE-COMMITAS RULE TO COME TO LIFE AGAIN..WE CAN TAKE ONLY SO MUCH OF THIS US AND THEM BULL FROM THE POTLICKERS. THE OLD GALLOWS IN GEORGIA THAT WERE USED FOR THE CARPET-BAGGERS IS STILL AROUND AND KEPT IN VERY GOOD CONDITION……

Ring68

I don’t believe that those political low life’s in Washington DC have grasp yet, that how pissed off the law abiding citizen is, there are millions at the end of their rope.

Rich in Mo

The minutiae is somewhat confusing. I doubt the seller possesses a FFL and does business in a Wendy’s parking lot. And did all the firearms come from the same seller? If so, why did it take them 4 hours; that seems like an awfully long time. One thing that is crystal clear that no one has yet mentioned was the straw purchase. He did not purchase them for his own private use, rather he bought them for someone else. I believe that is for sure a violation of federal law. Please do correct .e if I am wrong. Regardless, an… Read more »

Ring68

Amen, lets just hope something happens because of it. I mean they are the ones that said, see something say something, well there you are MR Federal Government ! Seen and Said!

Ring68

This bitch better hope that I don’t win the lottery, because I’ll spend every dime of it to make sure that her conniving low life ass becomes Bubba’s punk in prison. She will be begging for a gun or razor blade to end her worthless ass!! Sorry but I can’t stand rich low life’s that think they can get away with anything!! SHE SHOULD BE CHARGED‼️

Sgt. Hulka

LIghten up Francis..

Ring68

That is light Sgt.

Dave from San Antonio

Instead of a razor…a piece of dried bamboo that’s nice and dry. Should make the cutting that much more “interesting”. A gun? Why no….she’s a felon and it would be illegal…;)

Retired U.S. Special Agent

This prima facie felony violation of federal law must be reported to the ATF Hotline.

Wild Bill

Well, officer… report it! And we will, too! Maybe if enough of us report it those … people… will do something!

Gus S Calabrese

No …… No one should go to jail for selling guns privately ….. ever ….. even people I do not like should not be subject to the incarceration witch hunt that occurs constantly in #AmericaPrisonWorld. 99guspuppet

Lou

F.Y.I. Since Ms. Soechtie apparently was not the person who illegally purchased and transported the handguns, I would think that she is not herself in violation of the Federal Firearms act. What I do believe is that she has engaged in a conspiracy to violate the FFA. Criminal Conspiracy may entail a much longer prison sentence. Further, if she provided the money to the person who violated the FFA, knowing that that person was not purchasing the firearms for himself, then she engaged in a straw purchase. One could even see something like this being looked at under Recco. And,… Read more »

Gene Ralno

The tone and inflection speak volumes. They spoke of the Bushmaster as if it were some kind of new and awful machine gun just now coming to American citizens. They didn’t mention that it’s been available to private citizens for 60 years; that it’s only an ordinary rifle; that it’s ergonomically designed for comfort and convenience; that it’s the most popular rifle in this nation; that four million have bought it for hunting and self defense. Perhaps they believe omitting facts isn’t lying.

David Green

You folks hit one out of the park!! Let me add to the festivities, if I may. In her interview Ms. Soechtig gave on TheLip.TV’s “Bring Your Own Doc” webcast in February 2016 she said: “Anything in there was news to me. So I didn’t know that… We sent a producer out and he was from Colorado, he went to Arizona and he was able to buy a Bushmaster and then three other pistols without a background check, in a matter of four hours. And that is perfectly legal. He wasn’t doing some sort of underground market.” The unnamed producer… Read more »

2nd Amender

It’s “the Robin Hood” way of thinking…….evil done for good reason is not evil, it’s noble and to be admired!

Freaking A-holes and their do-gooder crapsense will undermine the Constitution and the Greatest Nation civilization has ever seen for their 15 seconds of fame.

james

No worries, the producer has the NBC “Get out of Jail card”.

legally Blonde

NBC get out of jail card,
No doubt left behind by David Gregory………………….

RTodd

I’m curious to know what motivated the producers to send their buyer to a neighboring state to make the purchases? Seems like it would not have been all that difficult to find a seller and a Wendy’s parking lot in Colorado ….

RDS

Colorado passed UBCs two years ago. Interestingly only 4% of yearly NICS checks since can be shown to have come from private sellers, not the 4% all leftists from Obama on down touted as stemming from the “Gunshow Loophole”.

Tionico

the point the film was trying to make is that anyone can buy a gun interstate no problem. Remember the Clinton Unit claiming that Vermont (convenietnly the home state of her near rival) is the source of some eighty percent of illegal guns found related to crimes in New York City. (someone had the chutzpah to actually check statistics, and found that per federal records Vermont is near the bottom of the list of sources for “crime guns” in NYC. But then, would anyone expect truth from Hitlery?

Eric_CA

Obama’s DOJ will not prosecute them for buying handguns in another state. Just like they don’t prosecute prohibited persons who attempt to purchase handguns. These type of prosecutions do not benefit their agenda. As long it does not suit their agenda they will not give a rats azz. I wish I could go to Nevada or Arizona to get what I can’t get in California, but I can’t because it illegal. This goes to show you that these laws only effect law abiding citizens. Wild Bill is correct to comment that the GCA of ’68 is a sham. Imported from… Read more »

Kevin T. Keith

As the statute plainly states, the transfer is illegal only if the *seller* “knows or has reasonable cause to believe” the buyer is from out of state. The problem, of course, is that standard – along with the background check loophole it accommodates – is ridiculously lax; it openly invites transfers to disqualified parties by encouraging sellers not to confirm the identities of the buyers. I presume that was what the show was attempting to demonstrate, and apparently they succeeded. The whole point is that that transaction *is legal* as long as the seller *does not ask* about the buyer’s… Read more »

David Green

Nope. If they took physical possession of the firearm at the time they paid the seller, the buyer violated 18 USC 922(5). That is the only way the purchase could have happened entirely without a background check as she claimed in the video. If they arranged to handle the sale of the rifle via a dealer in Arizona (per BATFE this is a so-called “Local Transfer” to an out-of-state resident), then the dealer must first record the gun in their Acquisition and Disposition Record, then transfer the firearm to the out-of-state party on Form 4473, following completion of the NICS… Read more »

Wild Bill

Kevin, it is not a loophole. Congress debated it and specifically intended that people could sell, give, and transfer firearms from their private collections, without having the burden of having to do a background check. Calling Congress’ intent a loop hole is deceitful.

Eric_CA

I whole heartily concur. It’s not a loop hole. Congress intended to have this exemption. Those who call it a loop hole are deceitful or ignorant.

Thoms

This is exactly where state law comes into effect, here in NH state law is in order to sell any gun privately you must reasonably know the person you are selling to and that they are eligible to own. This is by knowing them personally or with proper identification and asking if they are a felon. Most private sellers here go the extra mile and ask for both a NH id either drivers license or photo id with perm address and a CCW permit showing they are eligible to own a firearm. Simple, effective but cleans up that “does not… Read more »

Tionico

such are existing laws, ALL of which are contrary to the language and intent of that Second Article of Ammendment.

The pooint here is that the whiney pants anti gun video producers broke existing federal laws in an attempt to prove a point that is, at root, false. And they did it to further their campaign to impose MORE laws that will as easily be broken as these were, and will face no consequences for their blatant flaunting of the existing (unconstitutinal) laws.

Tionico

no, the cited statue makes the transfer prohibited. It only provides for criminal sanctions when the seller knows, or reasonably should know, that the receiver is not a resident of the state where the transfer takes place. It also imposes criminal penalties on the purchaser…. who KNOWS he is not a resident of the state where the transfer takes place. The language is almost identical to the statue prohibiting transfer to “Prohibited persons” (those not lawfully able to be in possession of any firearm). If the seller knows the buyer is a convicted felon, he IS liable to charges for… Read more »

3%ER

The anti2ndamendment gun grabber ing satan wor shippers will stop at nothing. In deceiving as ell as outright lying America in trying to achieve the total destruction of our freedoms and total disarmament. On their way to total power . Who’s funding all these anti gun rights propaganda productions? It’s all communist driven with help from the traitorous devilcrat party that’s dreaming of absolnte control and power in America !

Mike McAllister

Time for a stay in the iron bar hotel for someone!!!

Chris Rakes

Calling Katie Curic a journalist is like claiming Hillary Clinton is a surgeon. That dog just won’t hunt. But also this so called director is on the same level as “Birth g a nation”. The bigotry is the same

JoeThePimpernel

Selective enforcement of the law is SOP for Lefties.

Just try to video Planned Parenthood ghouls agreeing to sell aborted-baby body-parts and see what happens to you.

JoelM

She’s probably not in any trouble, because she lied about the whole thing. Either that, or she knows the DOJ won’t do anything to bring down one of their own, being anti-gun. Why would they chose to enforce this law? They just want to pass new ones restricting law abiding citizens of their rights.

durabo

Soechtig’s statement and video constitute a “spontaneous utterance,” admissible as self-incriminating evidence before the administration of the Miranda warning. Therefore, she provided the – ahem! – ammunition for her own indictment.

Raymond Miller

Our Corrupt Government and our criminal leaders will do nothing to her or anyone who participated in this violation of Federal Law. In fact as usual they will be exonerated of any wrong doing in the end. They are Demon-crats and that is all the protection they need. Just like Hill-o-sh*t they are untouchable.

Janek

Ms. Soechtig’s producer’s ‘illegal’ actions prove just how useless gun laws really are. They only put restrictions on people who are ‘law abiding’. Criminals break all kinds of laws everyday, so there’s no crime deterrent from so called ‘common sense gun laws’. This is all, to borrow a phrase from President Obama, “Hokie Doke”. The long term goal is total disarmament of the ‘law abiding’. Where does that leave you?

Wild Bill

Yeah, Janek, why are the governments so good at controlling the already law abiding people and criminals get away Scott free? The various governments seem to only catch the stupid criminals, and then those criminals get better housing, dental and medical care, and more observation of their Rights than we do.

SuperG

Sadly, I think the White House will muzzle the DOJ on this incident too. After all, it dovetails with what the President wants, and since he is protecting Hillary, why not these skanks as well?

Tionico

Anyone else remember, back about five years ago, Mikey BloomingIdiotBurg and his minions went to Texas to “prove” much the same thing, video crew atttended a gun show and a couple of the folks bought guns there…. again, illegally per 18 USC. Same deal. And, as I recall, at least one of the purchased items of contraband was a HANDGUN, illegal for a resident of NYC to own without the prior Mother May I Card, and I believe New York State also have some restrictions/prequalifiers for residents to own handguns. Even though a few Federal level felony offenses were committed… Read more »

Jim in Conroe

If the purchase had been made from a licensed dealer in Arizona, and the gun then taken to Colorado, would that have been legal? Or is it the private party transaction that makes it illegal?

Matt

That depends on state law in Colorado. Federally though, it is perfectly legal to buy a shotgun or a rifle from an FFL in another state, fill out the 4473 there, and bring it to your home state. Pistols, however, can only be transferred to you within your state . Thus if you are in another state and buy a pistol from an FFL, they would need to ship it to an FFL in your home state. Then you would fill out your 4473 in your home state and do the transfer there. Private sales have to be done within… Read more »

Ed

Unless you live in Kalifornia, then all rules are off.

Lex Luthier

@jh45gun In Conroe,

In order for an interstate transfer such as you outlined above to be conducted legally, the gun has to be sent to a licensed Federal Firearms Dealer in the state where the buyer is a resident, where the buyer can then pick it up only after filling out the Federal (and if applicable, state) forms and undergoing a NICS check. If that state has a waiting period, it must be adhered to as well.

Mark Jannes

Why do people ask questions that have been answered in the article?

“Under current federal law it is a violation for any person to transfer, sell, trade, give, transport, or deliver any firearm to any person who the transferor knows or has reasonable cause to believe does not reside in the state in which the transferor resides. (18 U.S.C. § 922(a)(5).)”

Wild Bill

To answer your question in the way that you want it answered, would be to give legal advice, Jim. So just let me say that I am not giving you any legal advice; and further, just for my own part, I believe that we all have to buy from a FFL holder in the state in which we reside. Or we must buy from a person selling from his private collection who lives in the same state as we do. Having said that if I buy some firearm on an auction site, from someone not in my state, that firearm… Read more »

Vanns40

No, you’re not correct. You’re lumping all state laws together and all firearm transactions (long gun and handgun) together. You can’t do that. That’s the really short answer. The long answer is far more involved.

TEX

@Vanns40,what did Bill say that wasn’t correct ?

Jim in Conroe

Well, since it is hard to believe that an FFL dealer (in a major firearms store) would knowingly sell a firearm in violation of federal law to an out of state resident, who presents an ID showing his out of state residence, further research has led me to the following: “A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the… Read more »

Matt

Which is exactly what I said earlier. I thought this was common knowledge so I didn’t bother with the legal citation. But from the previous responses, I guess it wasn’t. Thank you for providing it.

Know the law people! While you obviously don’t want to do anything illegal, it’s also silly to restrict yourself needlessly.

Wild Bill

I think, from all of the discussion, that we can all see that the entire scheme is too complicated. I think that none of us can see how the entire scheme will prevent crime. So why are we putting up with this? Way past time for the GCA, the NFA, and the BATFE to disappear.

TEX

Bill,it really is a complicated,convoluted bunch of bull*shit ! The AFT is just a criminal enterprise whose whole purpose is to harass and make criminals out of law-abiding citizens.

Chris Griffin

Yeah hold them to the law like we all would be. Throw em behind bars with the people that are gonna still have guns no matter how many rights they try to take away from good honest people.

Mark Are

They obviously had no idea about the federal laws that violate the heck out of the 2nd amendment that they were ‘breaking”. People should be held accountable for what they DO with firearms not the fact that they have them or sell them or give them away. That is all just arbitrary moral relativism that has no place in a free society. The Federal government needs to get out of the gun regulating BUSINESS that it is engaged in with the ATF CORPORATION.
It’s enough to make a maggot gag.

Drew Furst

Naw, it is just the hypocrisy that is in the spotlight. The support even STRICTER gun laws… while breaking EXISTING gun laws. The two positions are incompatible.

Anonymous Patriot

I’ll ask the question no one else wants to. Why is that illegal? Yes, I know, the anti-gun hypocrites are fun to point and laugh at as they wave standard capacity magazines around on TV violating the very laws they claim are vital. And when they start foaming at the mouth about the “gun show loophole” and private sales, despite almost no weapons used in crimes being purchased at gun shows or in private party transfers. But answer me this; why is it illegal for two people to exchange their private party for money (or barter) just because of the… Read more »

Tionico

Spot on there.. WHY is this illegal? It should not be. I can buy a car, boat, airplane, freezer, house, motorhome, table saw, all interstate, no problem. But when the privately owned merchandise is a GUN, oh my, everyone panic, they’re arming up to create mayhem. That aside, the hypocrisy of these “wymmin” creating a hit piece based on lies and deliberately misleading statements, to foment more noise calling for “more common sense gun laws” to “keep everybody safe”, then violating existing laws to make a purchase so they can prove we need more laws to violate is what is… Read more »

Wild Bill

Well AP, I am so glad that you asked, “… why is it illegal for two people to exchange their private party for money (or barter) just because of the state they reside in?” The answer is: Because the Gun Control Act of 1968 (hereinafter: GCA) says so. The GCA was translated and modified from the Nazi act that disarmed the German people just prior to WWII. Then Senator Dodd got a copy of the Nazi act, had the Library of Congress translate it into English, and then modified it into the now GCA. The GCA was promulgated by an… Read more »

B.Zerker

The NFA, GCA, and every other gun control law for that matter, is unconstitutional. Nowhere in the Second Amendment (2A) does it state that a certain sub-set of “arms” can be regulated of prohibited by either the states’ of the federal governments and any restrictions of 2A are a usurpation of our rights (Article VI, Clause 2). And since the Heller decision finally confirmed that 2A is a fundamental right (something we already knew), the Constitution protects “arms” of every type from governmental infringements. Therefore any regulation that “chills” our 2A constitutional guarantee is unconstitutional. (Marbury v. Madison: 5 US… Read more »

Dirk

Sorry but both the NFA and the GCA have stood up to constitutional challenges, and even Scalia stated in Heller that some regulation is constitutional. So until you get a Supreme Court ruling stating that those laws are in fact unconstitutional they are constitutional.

Hopefully someday we can get these repealed or overturned by the SCOTUS (not in this century if Hillary wins). But they are the law of the land and they are constitutional, the SCOTUS has ruled so.

Wild Bill

I was not contemplating getting rid of the NFA or the GCA by SCOTUS review, but rather Congressional repeal. Just for my own edification, in what S. Ct. case was the NFA scrutinized and upheld?

B.Zerker

Dirk, I’m a constitutional purist and it’s absolutely ludicrous to think that the Founders would institute a “supreme law of the land” that the people could not read and comprehend. That we need the SCOTUS, some panel of ultra-intelligent sages, to tell us all what the Constitution says and means. Everyone, including the SCOTUS Justices, have their own personal biases which may be destructive to natural/personal rights. This fact makes it necessary that a free society have a “supreme law” that cannot be easily altered or misinterpreted. In fact, the Bill of Rights was necessary to the anti-federalists at the… Read more »

B.Zerker

Wild Bill, I believe it was the Miller case but I could be mistaken.

Tionico

they might be the written law of the land, but they are NOT Constitutional no matter WHAT those nine lawmakers in black pyjamas opine. There is a bill, I believe in the House, that addresses this, removing the prohibition from private interstate sales. I doubt the hissyfitters will let it pass, but its being floated……. Further, any law passed NOT in accord with the Constitution is null, void, no law at all. Of course, we all know, many people have gone to prison for breaking “no law”……. I can think of a few men who were walking abuot on their… Read more »

DaveGinOly

SCOTUS doesn’t actually declare legislation “constitutional,” it rules against claims of unconstitutionality based on arguments presented against the legislation. In their decisions, SCOTUS actually says “This or that law is not unconstitutional for the reasons you presented to the court.” This does not preclude a law from being found unconstitutional for other reasons (not yet presented in court). This may seem like a fine point, but it’s essential to understand this nuance when someone declares “the court found this or that law constitutional,” because this reasoning shows that the person making this argument believes a law become unassailable having been… Read more »

Wild Bill

@DGO, I am aware of that. I am asking Dirk for the case citation where in the NFA was unsuccessfully challenged, so that I might read it. Or perhaps you have a case cite?

B.Zerker

Dave, The problem we have today is that recent SCOTUS courts have become activist courts where Stare Decisis seems to have no or little meaning to them. Article VI, Clause 2 clearly dictates that the U.S. Constitution, as ratified in 1789, is the supreme law. Marbury v. Madison confirms that fact and dictates that: ‘No provision of the Constitution is designed to be without effect and that anything (statute, etc.) that is in conflict, is null and void.’ It further states that if “any part” of a statute, etc. is repugnant to the supreme law, that the entire statute is… Read more »

Tionico

the term “straw buyer” specifically indicates the purchase of a firearm with the intent to deliver it to a PROHIBITED PERSON, that is, a convicted felon, certifiable mental defective, etc. For me to buy a gun for my neighbour whom I KNOW to already lawfully own guns is not a “straw purchase”. Purchasing guns from Texas and Arizona FFL’s with the intent and knowledge they would be illegally transfered across the border into Mexico for final delivery to Mexican droguistas is a straw purchase. These video crew members did not “straw purchase”, they were buying for their own use, or… Read more »

B.Zerker

If this reply was directed to me, I’m pretty sure we’re on the same page here Tionico. Being a gunsmith, I understand the definition of a “straw-buy” and what that act entails. But unless I missed it, the article does not mention whether the AZ resident that purchased or owned the arms previously, personally knew the CO lawyer(?). If that’s so, he could not vouch for the bona fides of the person taking possession of those arms, those being that he was sane, a non-felon, didn’t use illicit drug, or any other of the requirement found on a 4473. And… Read more »

Eric_CA

Will Bill, Recalling Senators, Representatives, and imposing term limits on all of them is not enough. If they overstep their bounds, by violating the Constitution they swore to uphold, they should be persecuted and/or lose their pensions.

Eric_CA

I agree with B.Zerer that the many courts are practicing Judicial activism without regards to the constitutionality which is what they are suppose to do. For example, when Supreme Court Justice nominee Kagan went before the confirmation panel she said that Second Amendment gun rights are “settled law.”

Sotomayor made similar reassurances for gun rights. Yet, when it mattered, both of Obama’s justices reneged on their words.

I don’t know the solution, but the problem is judicial activism.

Dr Dave

It has nothing to do with state laws it is FEDERAL law so your comments about living in states … are not relevant. Once the “across state lines” part happens this is a Federal issue and covered b y BATFE. The FEDERAL laws prevents transfer of guns from person to person in INTER state transfers. INTRA state transfers are up to the states involved but once the issue is across state borders then the whole thing changes No one is stopping the transfer including the BATFE all they want is paperwork and a background check done This has nothing to… Read more »

Tionico

since BATF exist contrary to the Constitution (FedGov have NO authority per the Constitution to regulate or restrice any commerce in arms on any basis) their rules etc are also null and void. We are talking about the way things ARE per the Constitution, not the perverted way to which we have acquiesced over the past century or more. When that pesy Second says “shall not be infringed that is precisely what it means….. and I suspect YOU know the meaning of that word as well as any of us. Further, one of the commands given FedGov is to “regulate”… Read more »

Wild Bill

Wouldn’t it be ironic if Couric, Shittag, and all the other conspirators had to prove the GCA is unconstitutional in order to escape conviction pursuant to that statute?! What fun, they start out to obtain more gun laws, but end up destroying one! Is it too much to pray for? Oh, Lord, I’ll be good! I’ll be good! I’ll be good!

Alias47

Funny thing thing is, in many states trading the Elk for the rifle might get you in as much trouble. Many states have laws stating you cannot “sell” harvested game animals or parts of harvested game animals. Since it would be traded for an item of value, it could be considered a “sale”. I don’t agree with it…but understand the premise behind it to some degree.