Hell must be freezing over- there really *is* common ground at DU on guns:

[friendly_iconoclast]

(A self-repost from GC&RKBA, also known as the Gungeon)

I find myself in agreement with BainsBane about a proposed law. Yes, you read that correctly...

DUers should support King-Thompson (a restart of Manchin-Toomey), AKA H.R. 1565:

http://www.democraticunderground.com/12623636

Support King-Thompson on background checks

Check it out for yourselves:

http://www.govtrack.us/congress/bills/113/hr1565/text

I still think the "family exemptions" on background checks might be problematic, but there are other
parts I like very much indeed:

1) Puts teeth into the requirement for states to enter disqualifying information into the NICS
database (I'm looking at you, Virginia) and

2) Puts a kibosh on New York's habit of busting travelers that have secured, unloaded guns in
their baggage.

Seeing as Dianne Feinstein's assault weapons ban is nowhere to be seen this time around,
this might actually get passed and do some good!

[bif]

1. Call me a cynic but they're not going to pass squat.

[friendly_iconoclast]

3. Hey, I'm just as much a cynic- but this one at least has a chance.

At least this time, there's no DiFi to gum up the works...

[HappyMe]

2. I live in NY.

Leave your damn guns at home.

[friendly_iconoclast]

4. When Michael Bloomberg stops issuing firearms permits, I'll believe NY is serious.

[HappyMe]

6. There's still no need to

bring your damn gun here.

[friendly_iconoclast]

8. Protip: The people with guns locked away separately from ammunition...

...aren't the people that cause problems with guns.

[HappyMe]

10. Wtf? Protip?

Okay.


Again, leave your fucking gun at home.

[friendly_iconoclast]

11. A hint, in other words...

[HappyMe]

12. Okay.

This has been lovely but Morsi has just been tossed.

[Decoy of Fenris]

5. I live in NY.

Come shooting with me some time. You can use mine.

[HappyMe]

7. No thank you.

[Decoy of Fenris]

9. You sure? They're all SAFE-act compliant! There's no way they can hurt you now. :)

[zipplewrath]

13. Huh?

2) Puts a kibosh on New York's habit of busting travelers that have secured, unloaded guns in
their baggage.

Why do they have guns in their baggage in NY and why do they need to be protected?

[Recursion]

14. Because they're coming to NY to hunt bears? (nt)

[Decoy of Fenris]

15. Going to the range? Going to a friend's house? Going to hunt? Non-routine maintenance?

Lots of reasons, reallly.

[zipplewrath]

16. Is it legal?

Why do they get arrested? What will this law change about New York law?

[Decoy of Fenris]

17. I don't know enough about the law as yet, but based on preliminary examinations...

It will do everything the hideously poorly-done SAFE act neglected to do, while mitigating some of the more damaging effects of the SAFE act itself. It seems to take steps towards closing the gun show loophole, though, and that is something that desperately needs to happen.

[X_Digger]

18. NYC, NJ, and others have been ignoring / bending federal law.

Let's say I load up a u-haul with all my worldly possessions, because I'm moving from Virginia to Maine. Included in those possessions is a handgun with it's stock 13 round magazine. According to federal law, I'm allowed to transport them through states where they might be illegal to possess by residents of that state, provided I keep it in a locked carrier inaccessible to the passenger compartment.

Cops in NYC, NY, and NJ have arrested people in such circumstances when they stop at gas stations, motels, or during traffic stops.

Transit authority in the same states have arrested people flying through those states, even while complying with all applicable TSA / FAA guidelines regarding the transportation of firearms and FOPA (the federal law protecting travel w/ firearms.)

[zipplewrath]

19. And how will this new law stop them?

I they are ignoring the current law, how will this new one help?

[X_Digger]

20. I haven't read the details; I was just responding to the question about 'busting travelers'. n/t

[friendly_iconoclast]

21. Because it will then become 'Deprivation of rights under color of law'.

Said rights being described by Sec. 208 of King-Thompson:

SEC. 208. INTERSTATE TRANSPORTATION OF FIREARMS OR AMMUNITION.

(a) In General- Section 926A of title 18, United States Code, is amended to read as follows:

‘Sec. 926A. Interstate transportation of firearms or ammunition

‘(a) Definition- In this section, the term ‘transport’--

‘(1) includes staying in temporary lodging overnight, stopping for food, fuel, vehicle maintenance, an emergency, medical treatment, and any other activity incidental to the transport; and

‘(2) does not include transportation--

‘(A) with the intent to commit a crime punishable by imprisonment for a term exceeding 1 year that involves a firearm; or

‘(B) with knowledge, or reasonable cause to believe, that a crime described in subparagraph (A) is to be committed in the course of, or arising from, the transportation.

‘(b) Authorization- Notwithstanding any provision of any law (including a rule or regulation) of a State or any political subdivision thereof, a person who is not prohibited by this chapter from possessing, transporting, shipping, or receiving a firearm or ammunition shall be entitled to--

‘(1) transport a firearm for any lawful purpose from any place where the person may lawfully possess, carry, or transport the firearm to any other such place if, during the transportation--

‘(A) the firearm is unloaded; and

‘(B)(i) if the transportation is by motor vehicle--

‘(I) the firearm is not directly accessible from the passenger compartment of the motor vehicle; or

‘(II) if the motor vehicle is without a compartment separate from the passenger compartment, the firearm is--

‘(aa) in a locked container other than the glove compartment or console; or

‘(bb) secured by a secure gun storage or safety device; or

‘(ii) if the transportation is by other means, the firearm is in a locked container or secured by a secure gun storage or safety device; and

‘(2) transport ammunition for any lawful purpose from any place where the person may lawfully possess, carry, or transport the ammunition, to any other such place if, during the transportation--

‘(A) the ammunition is not loaded into a firearm; and

‘(B)(i) if the transportation is by motor vehicle--

‘(I) the ammunition is not directly accessible from the passenger compartment of the motor vehicle; or

‘(II) if the motor vehicle is without a compartment separate from the passenger compartment, the ammunition is in a locked container other than the glove compartment or console; or

‘(ii) if the transportation is by other means, the ammunition is in a locked container.

‘(c) Limitation on Arrest Authority- A person who is transporting a firearm or ammunition may not be--

‘(1) arrested for violation of any law or any rule or regulation of a State, or any political subdivision thereof, relating to the possession, transportation, or carrying of firearms or ammunition, unless there is probable cause that the transportation is not in accordance with subsection (b); or

‘(2) detained for violation of any law or any rule or regulation of a State, or any political subdivision thereof, relating to the possession, transportation, or carrying of firearms or ammunition, unless there is reasonable suspicion that the transportation is not in accordance with subsection (b).’.

(b) Technical and Conforming Amendment- The table of sections for chapter 44 of title 18, United States Code, is amended by striking the item relating to section 926A and inserting the following:

‘926A. Interstate transportation of firearms or ammunition.’.

And violation of this can bring both criminal and civil penalties:

http://www.justice.gov/crt/about/crm/242fin.php

DEPRIVATION OF RIGHTS UNDER COLOR OF LAW
Summary:

Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.

For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.

The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.

TITLE 18, U.S.C., SECTION 242

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnaping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

http://uscode.house.gov/download/pls/42C21.txt

-CITE-
42 USC Sec. 1983 01/03/2012 (112-90)

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 21 - CIVIL RIGHTS
SUBCHAPTER I - GENERALLY

-HEAD-
Sec. 1983. Civil action for deprivation of rights

-STATUTE-
Every person who, under color of any statute, ordinance,
regulation, custom, or usage, of any State or Territory or the
District of Columbia, subjects, or causes to be subjected, any
citizen of the United States or other person within the
jurisdiction thereof to the deprivation of any rights, privileges,
or immunities secured by the Constitution and laws, shall be liable
to the party injured in an action at law, suit in equity, or other
proper proceeding for redress, except that in any action brought
against a judicial officer for an act or omission taken in such
officer's judicial capacity, injunctive relief shall not be granted
unless a declaratory decree was violated or declaratory relief was
unavailable. For the purposes of this section, any Act of Congress
applicable exclusively to the District of Columbia shall be
considered to be a statute of the District of Columbia.