Big Head Press

L. Neil Smith's
Number 755, January 26, 2014

The whole of American domestic history has
consisted, pretty much, of one long, constant
battle between those two points of view,
freedom versus Puritanism...

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BATFE Confirms: All Gun Owners Subject to Arrest in Cars
by Alan Korwin

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Special to L. Neil Smith's The Libertarian Enterprise

The Oklahoma Second Amendment Association just released a letter dated July 25, 2013 from the Federal Bureau of Alcohol Tobacco Firearms and Explosives confirming the following facts about Title 18 USC 922(q) "The Federal Gun Free School Zones Act"

1. An Oklahoma permit holder traveling on public roads can be federally prosecuted for carrying a gun in other states that recognize Oklahoma's permit

2. An Oklahoma permit holder can be federally prosecuted for discharging their firearm in an act of otherwise lawful self defense (carjacking).

3. A conviction under the Federal Gun Free School Zones Act causes a person to become a lifetime prohibited firearm buyer/possessor.

I have attached the letter in PDF format to this E-mail.

Grant Chapman
Deputy Director of Policy

Bottom line: BATFE has confirmed in writing that everyone is subject to arrest and permanent loss of gun rights for gun possession within 1,000 feet of a school; a carry permit provides no protection outside your home state; lack of a permit puts you at complete risk in any populated area (click map for links). Alan.

[click the link to see map or BATFE letter]

Thanks for this Grant, and for your persistence. We have long known we have a Sword of Damocles here.

People aren't working on it, or just discussing it, and few are aware of it, as is the Justice Dept. per the letter you forwarded and is now circulating (attached to this memo), but nothing is happening as we've discussed over the years.

The rubber-on-the-road about this issue is this:

Theoretically every gun owner is at constant terrible risk, and the authorities like it that way and don't want to change it; pragmatically though no federal actions are or have been taken in any significant way, nor is there a way for feds to act (no street officers, no probable cause for stops), and the sheer numbers are impossible to contemplate (tens of millions of federal felony cases all at once, daily); selective enforcement as an add-on charge would create such a firestorm that it would likely get the law overturned or amended and the feds don't want that to happen so they let this sleeping dog lie. We all remain, every armed one of us, subject to arrest, conviction, and permanent loss of our rights, thanks to Bill Clinton and "our" Congress in 1990. And thanks to both the Republican and Democratic parties that refuse to act.

It is a conundrum of epic proportions.

The political will needed to erase the law from a cold start simply doesn't seem to exist. I drafted a bill to fix the problem and no one will act upon it (so far). It leaves schools completely alone (gun-free, in law at least, but not as a practical matter of course) and frees up all our roads. It's just 18 words long

I've brought this to the attention of many and find sympathy, agreement, and no action. The GFSZ law is an abomination, an affront to our rights, accomplishes nothing and in fact is probably itself a felony under 18 USC ยง241 et seq., q.v.

If we had any real representatives in Congress they would address this (or it would never have happened in the first place). Sadly, their lack of action indicates we do not. And that, my friend, is the real problem and a much larger one in the scheme of things.

FWIW, here in Arizona, we are attacking that larger problem in a handful of smaller ways, which you'll be hearing about soon. The entire nation is at risk, more than half the people know it, and steps are being taken.

You should stay on top of this problem. Each issue has its standard bearers, and they are needed.


P.S. I updated my page on the subject, added your memo and the ATF letter under the NEWS link, and I'm forwarding this note, with the ATF letter, to a few people.

Alan Korwin, Publisher
Bloomfield Press
"We publish the gun laws."
4848 E. Cactus, #505-440
Scottsdale, AZ 85254
602-996-4020 Phone
602-494-0679 Fax
1-800-707-4020 Orders
Call, write, fax or click for free full-color catalog

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