Don't Arrest Kerry In Shotgun Incident, Gun-Law Expert Says
Gun-law expert Alan Korwin is calling for calm, in the national uproar
over John Kerry’s possible serious gun violations during a recent
photo op in Racine, West Virginia.
The national clamor over the Democratic presidential candidate, who
took possession of a Browning semiautomatic shotgun outside his home
state, reflects a problem with the laws and should not be used to arrest
and prosecute the man, Korwin says. A gun crossing state lines is heavily
regulated.
"There are so many charges Kerry might face," according to
Korwin, who has written seven books on gun laws, including the unabridged,
plain-English federal guide, "Gun Laws of America."
1. Taking ownership of the shotgun gift, if he doesn't already have
a valid Massachusetts Firearm Identification Card, could subject him
to a 2-1/2 year prison term in his home state. Since he has claimed
publicly he owns firearms, chances are he has this critical piece of
paper, Korwin says.
2. Bringing the firearm back to Massachusetts, if he received it from
a private party, would be a federal felony under the 1968 Gun Control
Act. (5 years in prison, $5,000 fine, 18 USC §922)
3. The only exemption that would allow him to bring it into his home
state requires that he obtained it in a face-to-face transaction with
a federal firearms licensed dealer (FFL). A private gift would not qualify.
4. If Kerry did get it from an FFL, he would have had to personally
fill out and sign a "4473 form" required by the Bureau of
Alcohol, Tobacco, Firearms and Explosives, before the gift was given,
under penalty of federal felony.
5. If Kerry did not personally undergo a "NICS" instant background
check before the transfer from an FFL, he would have put the person
conducting the transfer in some legal jeopardy, though the law contains
a loophole that would probably save Kerry from additional harm (the
dealer, not the recipient, suffers from failure to do the NICS check).
While gun lobbyists are inflamed that Kerry introduced a law that would
outlaw this particular type of sporting shotgun, and gun gifts in general,
it is a good thing the law has not passed yet, because then it might
be too serious a problem to simply ignore.
Korwin says that calls to indict Kerry are premature and "most
certainly overkill. John Kerry should receive the same lenient treatment
any other citizen deserves when innocently violating these complex and
non-intuitive rules." At least give him a chance to explain, Korwin
pleads.
Unfortunately, federal authorities from BATFE have been known in the
past to be inflexible in their enforcement of even minor technical violations
(note that none of these felony violations involve a victim or any sort
of harm). With widely circulated evidence, in the form of photographs
of Kerry in obvious possession of the firearm, he may find himself subject
to the long arms of the law.
And more importantly, Korwin says, "Some of these laws are just
foolish, putting honest citizens at enormous and unjustified risk, and
are so complicated that even a presidential candidate and his staff
cannot figure them out."
###
Contact:
Alan Korwin
BLOOMFIELD PRESS
"We publish the gun laws."
4848 E. Cactus, #505-440
Scottsdale, AZ 85254
602-996-4020 Phone
602-494-0679 FAX
1-800-707-4020 Orders
https://www.gunlaws.com
alan@gunlaws.com
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New legal research by gun-law expert Alan Korwin indicates that merely
accepting a gift shotgun from a private party out of his home state
would be a five-year federal felony for Massachusetts Senator John Kerry,
the Democratic candidate for President [see United States Code, section
922(a)(9)]. Giving him the gun would also be a felony [922(a)(5)].
National news reports picture Kerry proudly holding the gift in Racine,
West Virginia, during a Labor Day celebration. Bringing the gun back
to his home state would be an additional five-year federal felony, under
the massive and bewildering federal gun laws, as previously reported
by Bloomfield Press.
The shotgun, identified in published reports as a semiautomatic Browning,
was actually a semiautomatic Remington model 11-87. News reports suggesting
it was a gift from Remington would be an illegal donation from a corporation
to a candidate, and the value of the shotgun would exceed campaign donation
limits as well.
In a statement published in Gun Week, Remington CEO Tommy Millner denied
any involvement with the gift, saying, "Rest assured, we were neither
aware of this presentation in advance nor in any way supportive of its
intent to support Senator Kerry. In fact, the Company remains amused
by ongoing photos of Senator Kerry shooting without either ear or eye
protection while discharging a firearm."
Reportedly outraged at the implication of an illegal gift, Remington
rushed the release a public statement denying any association with the
gift, saying, "Remington Arms Company has made no endorsement of
any presidential candidate. This endorsement and presentation by the
UMWA was made independently of the Remington Arms Company and the Company
did not coordinate with or endorse the actions of the union."
A local of United Mine Workers of America (UMWA) represents workers
at the Remington plant in New York where the highly regarded shotguns
are made. UMWA President Cecil E. Roberts presented the gift according
to Gun Week.
The greatest news error however appears to be that Mr. Kerry may have
not accepted this gift, despite so many reports to the contrary, which
cast the Senator as a pro-gun politician.
Reporter Matt Drudge had previously noted that Kerry introduced a bill
that would have outlawed this particular sporting shotgun, because it
is semi-automatic and has "any characteristic that can function
as a grip."
Dave Workman, senior editor at Gun Week, contacted Washington, D.C.-based
Kerry campaign spokeswoman Kathy Roeder, who said the shotgun was, "returned
to the person who bought it," and that the gun is still in West
Virginia. This reportedly took place immediately after all the photographs
were taken of the Senator holding the gun. The actual current location
of the shotgun is not known.
According to Workman's report in Gun Week, "Roeder acknowledged
that Kerry could not legally have accepted the shotgun and taken it
with him, anyway, under existing gun-control laws." It is not clear
whether Roeder and the Kerry campaign were aware of this when the stories
of the gift and photos were taken and widely circulated.
Questions as to Kerry's intent, in leading the media to believe he was
in fact a gun supporter, by smiling and gladly receiving the shotgun
gift, are unresolved as this Bloomfield Press news release was posted.
This places many news outlets in a difficult position. If they all retract
their stories that Kerry accepted this gift, it will harm the image
they conveyed of Kerry as a gun-friendly candidate, seen as necessary
to win states like West Virginia. Al Gore lost largely democratic West
Virginia (and Tennessee and Arkansas) in 2000 due to the gun issue,
according to many observers.
News outlets are known to sometimes be reluctant to retract stories.
If the media refuses to retract the stories, or if the Kerry campaign
fails to issue a correction, then all the published articles and photos
stand as evidence that the candidate committed the felony offense. Additional
information is posted at the Bloomfield Press website, gunlaws.com,
under the blue News Accuracy button.
In an effort to help smooth the waters, nearly 3,000 news outlets nationwide
are being notified of this situation by Bloomfield Press. Members of
the public are encouraged to send this report to their own local newspapers
and broadcasters. It is hoped that the media will contact Kerry directly,
and then either retract the story, or confirm their account. Did John
Kerry, in fact, receive a gift of a fine Remington shotgun?
If Kerry did accept the gift as widely reported, and as a legal matter,
his transfer of it back to an unidentified person in West Virginia,
without involvement of a licensed dealer, a background check, and with
no paper trail, may also be a felony.
Gun-law expert Korwin is again calling for calm, as these unbelievably
confusing laws are sorted out, so the democratic candidate for president
can continue his effort to attain the highest office in the land.
"Again, I implore the public to have patience. If the democratic
candidate for president cannot figure out the gun laws, how on earth
could mere gun owners be expected to do the same. Kerry deserves the
same leniency we would all expect to receive. This is America, where
we're all treated equally under the long arms of the law."
###
Contact:
Alan Korwin
BLOOMFIELD PRESS
"We publish the gun laws."
4848 E. Cactus, #505-440
Scottsdale, AZ 85254
602-996-4020 Phone
602-494-0679 FAX
1-800-707-4020 Orders
https://www.gunlaws.com
alan@gunlaws.com
Call, write, fax or click for a free catalog
If you can read this, thank a teacher.
If you're reading this in English, thank a veteran.
