Search found 1 match

by brianko
Wed Sep 24, 2008 10:36 pm
Forum: Other States
Topic: Getting non-resident permits from other states
Replies: 13
Views: 1824

Re: Getting non-resident permits from other states

hirundo82 wrote: I'm in the process of obtaining a nonresident Virginia permit since I visit family there a couple of times a year and I want to be in compliance with the ATF's interpretation of federal law--the ATF interprets the permit exception to The Gun-Free School Zones Act of 1995 to only apply to those who hold a permit issued by the state where the school is located (ie they say reciprocity agreements between states do not count). Although the GFSZ Act of 1995 would likely be struck down by SCOTUS again (as the 1990 version was in Lopez v. US), I can't afford to be the test case.
Be aware that there is a burden on the prosecutor's behalf to prove that the firearm "has moved in or otherwise affects interstate commerce." A previous poster in another thread posted some legal cites that he believes makes it easy for the government to prove that a firearm "has moved" in interstate commerce (simply by way of being shipped from manufacturer). From my readings on the background of this, I don't believe this applies backwards in time to every individual component of said firearm that might have crossed state lines, but rather applies to how the firearm arrived at the location it was in when it was confiscated. Then again, IANAL, and like you, I'd rather not be the test case. But as I stated previously, I'm not going to lose sleep over this.

Return to “Getting non-resident permits from other states”