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Posted: 12/27/2001 11:19:07 AM EST
[Last Edit: 12/27/2001 12:10:53 PM EST by Happyshooter]
I have a question about persons shipping guns under federal law, with the statute revision. 18 USC 922 states that it is unlawful for any person (person being extremely broadly defined under 18 USC 921) to ship a firearm “except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, receive any firearm in interstate or foreign commerce.” 18 USC 922(a)(1)(A) However, in 18 USC 922(a)(2)(A) it states that “this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance with Federal, State, and local law to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector.” Under the former version of 18 USC 922, with the repair language, it was obvious that the exemption applied to any person in addition to any dealer. The question in this instance is what is the meaning of “paragraph” for the exception. It is obvious that “paragraph” does not extend to other subsections of the section, due to the addition of ‘subsection b’ to 922(a)(2)(A). However, it is not clear whether “paragraph” extends to all of sub a or if it only applies to sub a sub-sub 2. Logically, in order for the language in (a)(2)(A) to relating to individuals shipping to make sense, it would have to exempt the individual mailing of a firearm from (a)(1)(A), and therefore extend “paragraph” to mean all of sub a. However, it is simply unclear what “paragraph” means. In addition, because the postal regulations were originally written under the former statute wording, they are of no help. Also, “paragraph” is not defined in 18 USC 921. Has anyone had dealings with the new statutory language? Does anyone have any interpretive help for the meaning of “paragraph”? Thank you, Gary
Link Posted: 12/27/2001 11:57:49 AM EST
[Last Edit: 12/27/2001 12:03:51 PM EST by shaggy]
I think the "this paragraph ..." language under 922(a)(2)(A) refers specifically to 922(a)(2) - subsections (A), (B), and (C) providing exceptions only to 922(a)(2). An individual shipping a gun for repair would not come under 922(a)(1)(A) because an unlicensed individual is not engaged in the business of importing, manufacturing, or dealing in firearms. Is that what you meant, or did I completely miss the point of the question?
Link Posted: 12/27/2001 4:03:50 PM EST
922. Unlawful acts (a) It shall be unlawful-- (1) for any person-- (A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or Parsing the above sentence, it would be illegal to ship your gun without an FFL, unless a2A applies.
Link Posted: 12/27/2001 4:42:19 PM EST
Originally Posted By Happyshooter: Parsing the above sentence, it would be illegal to ship your gun without an FFL, unless a2A applies.
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Not necessarily. If you were an unlicensed individual (without an FFL), it would be illegal to ship it IF you were [i]engaged in the business (of dealing firearms)[/i] and shipping the gun as a part of the normal course of that business. 921(a)(21)(C) defines "engaged in the business". 922(a)(1)(A) merely prevents people from dealing in firearms without a license - it doesn't come in to play for Joe Schmoe occasionally selling or shipping a gun as long as they are not "engaged in the business". 922(a)(2)(A) prevents licensed dealers from shipping interstate to unlicensed individuals, but carves out an exception similar to (A)(1)(A) for returning a gun to an individual and receiving a gun from an unlicensed individual.
Link Posted: 12/27/2001 6:12:52 PM EST
So you read it as CRIME (linked to the general statute violation)[(a) It shall be unlawful--] CRIME DEFINED [in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce] WHO CAN COMMIT [(1) for any person--] EXCEPTION [(A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms] Correct?
Link Posted: 12/27/2001 6:18:40 PM EST
And I thought it says: CRIME UNDER SECTION 922 [(a) It shall be unlawful--] CRIME DEFINED [to ship, transport, or receive any firearm in interstate or foreign commerce] WHO CAN COMMIT [(1) for any person--] EXCEPTION [(A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business] Your's makes a lot of sense, unless the "paragraph" in a2A includes a1A. That would also explain "and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance with Federal, State, and local law to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector" in a2A. That is of course the desired result. Anyone see a hole or know better?
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