Posted by Juan Non-Volokh:
The <i>Real</i> Kerry Gun Issue?
Forget [1]the flap over whether gun control legislation Kerry once
supported would have banned the gun he brandished in West Virginia,
[2]Stop the Bleating suggests it was illegal for Kerry to accept the
gun. In short:
It is (with a few exceptions, none of which appear to apply in
Kerry's case) unlawful for a non-licensee to transfer (sell, give,
whatever) a firearm to another non-licensee who he "knows or has
reasonable cause to believe" is not a resident of the state in
which the transferor resides. And it is (with a few exceptions,
none of which appear to apply in Kerry's case) unlawful for the
transferee to possess said firearm, at least in his state of
residence.
Assuming this analysis is correct, does Kerry still have the gun?
References
1. http://volokh.com/archives/archive_2004_09_07.shtml#1094577688
2. http://stopthebleating.typepad.com/stop_the_bleating/2004/09/and_another_thi.html
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