Gun Control Law Compliance: Timing Is Everything

Phot by Carl Bussjaeger

This post was been corrected on 1/30/20. I was unaware of Article IV, Section 13 of the Virginia state constitution. That provision specifies that laws passed “shall take effect on the first day of July following the adjournment of the session.” This was brought to my attention by Richard Hutchison, whom I thank for correcting me. Accuracy is important, and I blew it due to a false assumption.


I’ve noticed a victim-disarming legislative tactic that seems to be becoming a standard.

Last year, a bill was introduced in Congress By Ted Deutch of Florida would make any rifle or shotgun capable of accepting a detachable magazine an NFA firearm. You would have to register and get your tax stamp for those you already own. The tricky part of HR 1263 was that you only get 120 days to do so. Good luck with that.

Then there is Virginia’s HB 961, which bans “assault firearms, but pretends to grandfather existing weapons. The trick there is that the ban goes into effect immediately on signing on July 1, making unpermitted possession unlawful, but you have to lawfully possess the firearm on the day it becomes unlawful, before you can get a permit making it lawful.

Now Oregon has dropped HB 4005, a “safe” storage bill. Again, the storage requirement goes into effect immediately. But you have use an approved device to secure firearms. Until the Oregon Health Authority creates standards and approves devices, compliance is impossible. HB 4005 is the same bill that directs OHA to do that, and gives them until July 1, 2020 to do so.

The gun-grabbers have adopted the tactic of proposing allegedly “reasonable” restrictions, and mocking gun owners for griping, while making compliance unrealistically difficult at best, to downright impossible.

By the way, the approved storage devices in the Oregon bill? It isn’t just a trigger lock, cable lock or safe. As written it has to be both a trigger or cable lock and a “container,” all of which must be “approved.” If you spent good money on a safe, pray it ends up on the allowed list or you’ll be buying another one.

Catch-22.

comments

  1. avatar Green Mtn. Boy says:

    My response to tyrannical leftard legislators would be.

    All ‘gun control laws’ are un-Constitutional:

    Article 6 states “This Constitution, and the Laws of the United States which
    shall be made in Pursuance thereof…shall be the supreme law of the land”.
    Therefore, any federal or state legislative law, Executive Order or local decree not in 100% harmony with the U.S. Constitution, is null & void.

    Rules are not laws.

    “That a law repugnant to the constitution is void, and that courts, as well as other departments, are bound by that instrument.”
    Marbury v Madison

    So they can stuff up their backsides.

    1. avatar Kyle says:

      The problem with that logic, which I do agree with by the way, is the the constitution itself seems to be repugnant to our elected leaders, and they seem to be making it Null and void as quickly as possible.

      1. avatar Green Mtn. Boy says:

        In response to Tyrannical Leftards voiding the Constitution,there is something Mr. Jefferson said about parched trees in need quenching.

        1. avatar Pee of Liberty says:

          Ohhhhh, so ominous and edgy. Look out for this fuckwit!!!

  2. avatar Observer says:

    Please stop spreading false information. HB 961 would not go into effect immediately after being signed. It would go into effect on July 1, 2020, as per Article IV Section 13 of the Virginia Constitution:

    “All laws enacted at a regular session, including laws which are enacted by reason of actions taken during the reconvened session following a regular session, but excluding a general appropriation law, shall take effect on the first day of July following the adjournment of the session of the General Assembly at which it has been enacted;”

    Source: https://law.lis.virginia.gov/constitution/article4/section13/

    1. avatar Rick the Bear says:

      I dunno. Gov. Northam declared an open space a “gun-free” zone, even though that can only be done for a shelter under VA law.

  3. avatar I Haz A Question says:

    Dunno about other states, but here in CA a non-CCW holder must transport a handgun unloaded, locked (cabled, in a box, or rendered inoperable), and hidden from view from anyone looking in from outside the vehicle. And CCWs basically don’t exist in LA County.

    Furthermore, from what I’ve been informed by LE here, such transport within 500 yards of a school zone must include an actual hard case (so a cable, lockable bag or car trunk are insufficient).

    1. avatar Robster says:

      So, if by chance you were involved in a police pullover or accident, in front of a school on the street, you would be in violation of the law. Nice!! What a fascist joke that law is.

      1. avatar I Haz A Question says:

        This has actually happened. If you’re involved in an accident and taken by ambulance while your vehicle is towed and/or impounded, any gun(s) found are taken by police, where they’re catalogued and investigated to see if they’re connected to any crimes.

        I was *just* having this discussion with an LASD Detective recently. He said if you own a gun that’s not on our infamous “safe gun roster” (maybe it was grandfathered for any variety of legal reasons), and the police take it into their possession (cleaning up after a vehicle accident, taking as evidence per normal procedure after a self-defense shooting, etc.), you simply will not get it back because the transfer of possession back to you constitutes a “transaction”, and your gun is off-roster, so no soup for you. Bye bye, gun. He said he’s seen this happen multiple times. Yes, it’s arguably wrong, and an unlawful confiscation of your property, but CA is not known to be gun friendly.

    2. avatar Southern Cross says:

      In my part of the world, a car boot (trunk you people) is considered an acceptable transport container but the back of wagon or SUV isn’t. So I have to use a locked hard case, and then a security cable to a fixed point in the car.

      Ammunition storage has funny rules. A lockable cash box is considered acceptable, but an ammunition crate that weighs over a hundred pounds, has the lid screwed down, and has two steel bands wrapped around is not complying. Add a cheap padlock and it is.

      I’m probably due for my third inspection in 20 years sometime this year. The first was at my old residence. The second was 10 years later and a few months after I moved to my current residence. And now it’s nearly 10 years later again.

      1. avatar I Haz A Question says:

        “Inspection?”

        1. avatar Yes he is. says:

          I believe he’s an Australian or New Zealander. They have folks come into their residences and inspect their safes and the contents.

      2. avatar Southern Cross says:

        Yes, I’m an Aussie. Inspections are in the firearms regulations, but in reality are performed when someone is starting the sport or has moved residences. With the latter they give you time to get it organized and make an appointment. I’ve never heard of any unannounced surprise inspections.

  4. avatar GS650G says:

    They won’t charge people with these violations because that could lead to a court challenge. Rather the charges are used as leverage or dropped altogether if the weapon is surrendered. And then word gets around so others run scared.
    Actually enforcing the law would take too many cops and cost too much.

  5. avatar Rickster says:

    What GMB said & I would add to that Rights are inalienable. Privileges are what our gov controller’s feelz we are entitled to.

  6. avatar Chris T in KY says:

    If anyone believes the USA can’t possibly become a version of Venezuela, at least in places like Chicago, Portland, Seattle, and San Jose. You are just fooling your selves.

    They are at warp speed working to disarm the civilian population.

  7. avatar Timothy Toroian says:

    1775?

  8. avatar Sam I Am says:

    Several commenters noted the near impossibility of complying with some of the new/proposed gun laws, impossible due to the length of time required to become compliant, and the date the laws become enforceable. Please note that Californication pioneered this tactic. Their courts declared that a law which cannot be complied does not invalidate such law.

    1. avatar I Haz A Question says:

      See also: microstamping…

      1. avatar Southern Cross says:

        Mandating a technology that’s yet to exist.

  9. avatar Yolbolsun says:

    Remember registration leads to confiscation…….. Always!

  10. avatar LeverActionLarry says:

    If 10 rds. of .44-40 out of a lever action were enough for Chuck Connors, its enough for you.

  11. avatar Richard says:

    While I don’t want to be a felon, too old and feeble, I will work in the political system to help protect our rights.
    1 – The NEW DEMOCRATS in the VA. House and Senate received a great deal of money from Mr. Bloomberg bit won by a slim margin. NOT A MANDATE. These representatives need to hear not only from us but our friends and anyone else who will support our rights that this anti-gun nonsense will cause their unemployment. 2 – Don’t terrorize the non-gun world with predictions of civil war and blood shed, no matter how you frame it, fear is the response and you will not be seen as the solution.
    3 – Get the Republican Party to find candidates that CAN win in your area. And do not allow the party to give up on any seat next time.
    4 – Get off your arse and vote and get your friends and family to vote. Only 47% of the voting population voted.
    5 – We can and will use the courts to get these laws killed, but it will take a coordinated effort and funding. GOA, NRA need MONEY to support this effort. Maybe if Wayne steps down more folks will support the NRA and the NRA NEEDS to jump in to this in Virginia.

    1. avatar Sam I Am says:

      “4 – Get off your arse and vote and get your friends and family to vote. Only 47% of the voting population voted.”

      The reason actual voter turnout is low is because the media, over the last 50, or so, years is the MSM were successful at convincing the public that the individual vote doesn’t count, doesn’t matter. That politicians will do whatever will keep them in office, and make them rich.

      An old sage noted that the only thing standing in the way of the Left gaining complete power is the quaint tradition of elections. If a way can be found to eliminate or neutralize elections (make the populace comfortable with low voter turnout?), the nation, as founded, will be abolished.

      One should not ignore the rather quiet increase in the number of states implementing laws that require presidential electors to vote for the candidate with the most popular votes nationally. This movement will eliminate the Electoral College as a constraint against four or five mega-cities ruling the nation. A nifty end-run around a constitutional amendment to abolish the EC.

      1. avatar uncommon_sense says:

        Sam I Am,

        One should not ignore the rather quiet increase in the number of states implementing laws that require presidential electors to vote for the candidate with the most popular votes nationally. This movement will eliminate the Electoral College as a constraint against four or five mega-cities ruling the nation.

        ^ This!

        More and more states are jumping on this horrific bandwagon.

        I believe this might ultimately be the straw that breaks the camel’s back and unleashes a national fury the likes of which we have not seen since, well, maybe never.

  12. avatar Yes he is. says:

    If a quill and ink well were good enough for the founding fathers they’re good enough for you.

    1. avatar Yes he is. says:

      Meant as a reply to lever action larry.

      1. avatar No he’s not says:

        Nobody cares

        1. avatar Well, he was at one time.... says:

          Somewhere in this effed up universe somebody must care.

  13. avatar Darkman says:

    April 19th

  14. avatar conrad says:

    In the applicability of the moment I would encourage anyone reading this to pick up the movie “Max Manus: Man of War”, it’s a true story.
    It detailed the man’s opposition to the Nazi’s, only to be easily discovered at the first, and his journey into active and successful rebellion. Off site storage was one of the first lessons he learned.
    His friend, Gregers Gram said “propaganda is much more than newspapers. It’s about encouraging resistance among the civilians, and it creates national unity”.

  15. avatar Ronald West says:

    NO more restrictions on firearms of any kind, NO more, there’s far to many as is,

Leave a Reply to Ronald West Cancel reply

Your email address will not be published. Required fields are marked *

button to share on facebook
button to tweet
button to share via email