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by srothstein
Sun Oct 20, 2019 1:45 pm
Forum: The Crime Blotter
Topic: TX: Sutherland Springs church 26 dead 20 injured in mass shooting
Replies: 329
Views: 25878

Re: TX: Sutherland Springs church 26 dead 20 injured in mass shooting

The Annoyed Man wrote:
Sat Oct 19, 2019 10:00 pm
Wait... I’m confused.... srothstein, are you saying that if the buyer were federally qualified to make that purchase in either state, he could have lawfully bought the gun in Texas with a Colorado DL? For instance, since I’m legally able to buy an AR15 in Texas, I could also legally buy one FTF from an FFL in Utah by using my Texas DL?
I am aware that Texas laws allows a qualified person to purchase rifles and shotguns, ammunition, reloading components, or firearms accessories in contiguous states; but Colorado is not a contiguous state. Or is it a matter of Texas allowing a qualified individual from a non-contiguous state to buy a firearm in Texas?
TAM, as someone else pointed out, the requirement that it be a contiguous state was done away with several years ago. As I understand it, and I am not sure on this, the federal law that required it to be a contiguous state was modified if the state passed a law allowing sale to residents of other states. Our law, PC 46.07, was modified to meet that requirement and specifically mentions the federal law that says "if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States". This is why the question of whether a magazine is part of the weapon is so critical to if Academy broke the law.
by srothstein
Sat Oct 19, 2019 12:07 am
Forum: The Crime Blotter
Topic: TX: Sutherland Springs church 26 dead 20 injured in mass shooting
Replies: 329
Views: 25878

Re: TX: Sutherland Springs church 26 dead 20 injured in mass shooting

This is going to turn into a very important case due to its unintended consequences. As I understand the legal question in the case is going to turn on if a magazine is a part of the weapon or an accessory. The purchaser was from out of state and the federal law requires the seller to obey the home states laws as well as its own. In Colorado, it is illegal to sell an AR-15 with a 15 round magazine. So, if the magazine is a part of the weapon, then the sale was illegal. If the magazine is an accessory instead, then the sale was legal. In a case like this, the problem is they could have sold the weapon with a ten round magazine and then sold him 3 thirty round extra magazines off the accessory shelf and it would have been entirely legal. As I understand it, there is a legal principle that a law should not be interpreted to make no sense and this last part makes the concept of the sale with a full size magazine being illegal sound like nonsense to me.

But now we need to consider a weird possible consequence for this case. If I travel to another state and use either my LEOSA or reciprocity for my LTC, they generally say my weapon is legal. But what happens in those states where my weapon is legal but there is a magazine limit of ten rounds for pistols, or a ban on hollow-point ammunition. Can I still carry my XD with a 13 round magazine loaded with hollow-points? If the magazine is a part of the weapon I can. If it is an accessory, I may not be allowed to.

I do not want to see Academy held liable, but I really prefer that magazines are considered parts of the weapons for my personal benefit. I am concerned about the consequences of the decision either way though.

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