Starvin Larry

Where is there any justice in locking up a 72-year-old man for up to 10 years for having an antique flintlock pistol? I’m sure in the Garden State authorities can find frivolous reasons, but there really isn’t any justification for such a prosecutorial overreach.

NRA News’ Ginny Simone ventured into New Jersey to speak with Gordon VanGilder, public enemy No. 1 in Cumberland County. VanGilder is a retired teacher whose career spanned 34 years. He’s an admirer of 18^th century artifacts and historical memorabilia and bought the pistol to go with his collection. The pistol featured in Simone’s report is approaching its 300-year anniversary.

Simone reported that Gordon was arrested last November while heading home after lunch. A Cumberland County Sheriff’s Deputy pulled over Gordon for a traffic violation, but wanted to search his car. Upon discovering a flintlock pistol in the glove compartment, VanGilder said that another deputy wanted to let him go since he knew the firearm was an antique. The Sheriff disagreed. VanGilder was arrested the following morning, and faces up to ten years in prison; three and a half to five years of that sentence must be served before parole can be considered.

To make things more absurd, the prosecutor in the case told VanGilder’s lawyer­–Evan Nappen–who’s in the video; that ballistics test will be run on the firearm.

This case will impact Gordon’s pension as a New Jersey educator, his ability to vote, and his reputation. He will be a convicted felon if the State of New Jersey is successful in their crusade against him.

While Gordon noted that he was probably in violation of the law, he wasn’t if he was going by the federal statute, which exempts such a class of firearms. The conflict between state and federal laws is a constitutional question. Maybe this case will settle that egregious discrepancy.

Yeah, New Jersey is still one of the worst states in the country.

http://townhall.com/tipsheet/mattvespa/2015/02/16/in-jersey-a-flintlock-pistol-can-get-you-a-10year-jail-sentence-n1957628?utm_source=BreakingOnTownhallWidget_4&utm_medium=story&utm_campaign=BreakingOnTownhall

NRA-ILA

In a move clearly intended by the Obama Administration to suppress the acquisition, ownership and use of AR-15s and other .223 caliber general purpose rifles, the Bureau of Alcohol, Tobacco, Firearms and Explosives unexpectedly announced today that it intends to ban commonplace M855 ball ammunition as “armor piercing ammunition.” The decision continues Obama’s use of his executive authority to impose gun control restrictions and bypass Congress.

It isn’t even the third week of February, and the BATFE has already taken three major executive actions on gun control. First, it was a major change to what activities constitute regulated “manufacturing” of firearms. Next, BATFE reversed a less than year old position on firing a shouldered “pistol.” Now, BATFE has released a “Framework for Determining Whether Certain Projectiles are ‘Primarily Intended for Sporting Purposes’ Within the Meaning of 18 U.S.C. 921(a)(17)(c)”, which would eliminate M855’s exemption to the armor piercing ammunition prohibition and make future exemptions nearly impossible.

By way of background, federal law imposed in 1986 prohibits the manufacture, importation, and sale by licensed manufacturers or importers, but not possession, of “a projectile or projectile core which may be used in a handgun and which is constructed entirely . . . from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium.” Because there are handguns capable of firing M855, it “may be used in a handgun.” It does not, however, have a core made of the metals listed in the law; rather, it has a traditional lead core with a steel tip, and therefore should never have been considered “armor piercing.” Nonetheless, BATFE previously declared M855 to be “armor piercing ammunition,” but granted it an exemption as a projectile “primarily intended to be used for sporting purposes.”

Now, however, BATFE says that it will henceforth grant the “sporting purposes” exception to only two categories of projectiles:

Category I: .22 Caliber Projectiles

A .22 caliber projectile that otherwise would be classified as armor piercing ammunition under 18 U.S.C. 921(a)(17)(B) will be considered to be “primarily intended to be used for sporting purposes” under section 921(a)(17)(C) if the projectile weighs 40 grains or less AND is loaded into a rimfire cartridge.

Category II: All Other Caliber Projectiles

Except as provided in Category I (.22 caliber rimfire), projectiles that otherwise would be classified as armor piercing ammunition will be presumed to be “primarily intended to be used for sporting purposes” under section 921(a)(17)(C) if the projectile is loaded into a cartridge for which the only handgun that is readily available in the ordinary channels of commercial trade is a single shot handgun. ATF nevertheless retains the discretion to deny any application for a “sporting purposes” exemption if substantial evidence exists that the ammunition is not primarily intended for such purposes.

BATFE is accepting comments until March 16, 2015 on this indefensible attempt to disrupt ammunition for the most popular rifle in America. Check back early next week for a more in-depth analysis of this “framework” and details on how you can submit comments.

How to comment – from the BATFE

ATF will carefully consider all comments, as appropriate, received on or before March 16, 2015, and will give comments received after that date the same consideration if it is practical to do so, but assurance of consideration cannot be given except as to comments received on or before March 16, 2015. ATF will not acknowledge receipt of comments. Submit comments in any of three ways (but do not submit the same comments multiple times or by more than one method):

ATF email: APAComments@atf.gov

Fax: (202) 648-9741.

Mail: Denise Brown, Mailstop 6N-602, Office of Regulatory Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, 99 New York Avenue, NE, Washington, DC 20226: ATTN: AP Ammo Comments.

FOR FURTHER INFORMATION CONTACT: Denise Brown, Enforcement Programs and Services, Office of Regulatory Affairs, Bureau of Alcohol, Tobacco, Firearms, and Explosives, U.S. Department of Justice, 99 New York Avenue, NE, Washington, DC 20226; telephone: (202) 648-7070.