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Think I have been set up for entrapment to sell illegally on GB?

Could you get in trouble selling hi-cap to a state where it is illegal? I mean, in our state, it is perfectly legal and from a federal standpoint, there is no laws being broken. Only NY law is being broken. Would GA extradite you for a law not illegal in our state to NY?

Rosewood
 
Could you get in trouble selling hi-cap to a state where it is illegal?
Rosewood


Excellent question, the answer to which is not as certain as it seems.

However, right now there is strong precedent that there would be no criminal liability. For example, I can leave Georgia, go to Colorado, and buy all the whacky backy I can afford. Of course I can't bring it back, but I'm not breaking any GA. law.

Now your question, could the seller in Colo. have criminal liability for selling the controlled substance directly to someone in GA. and the answer is yes. The issue then becomes getting Colo. to extradite the seller, which it probably wouldn't do. (It's also a federal crime, but that's beyond the scope of this discussion)

But consider this real life example.

Academy Sports sold a hi-cap mag to David Kelley in Texas. The hi-cap mag was, in the nature of things attached to an AR-15 rifle, so the magazine was included in the background check. Kelley used the gun to shoot up some people in Texas, and he was killed.

The catch is that Kelley had a Colorado ID and according to Colo. law could not OWN a high cap mag in Colorado (where he never took the mag and where the mag WAS NOT used).

So now the survivors of the people killed in TEXAS are suing Academy on the basis that Kelley's Colorado ID should have been notice that he could not purchase a hi-cap mag.

The logical extension of this suit is that if Academy had sold the AR-15 with no mag to Kelley, and the magazine separately, there would be no suit, because the gun was legal for him to own in Colorado, and the mag itself would not require a background check.

So I am predicting that the major retailers that still sell firearms will be selling them with no mags, or 3 or 5 round mags, just to avoid the potential for getting sued.

https://www.pbs.org/newshour/nation/families-of-texas-church-massacre-victims-sue-gun-retailer
 
So, that would be a civil suit, not criminal proceeding right? If no one in NY got "harmed" from the "Hi-cap" magazine, could NY sue you for selling it to a resident there?

Rosewood
 
So, that would be a civil suit, not criminal proceeding right? If no one in NY got "harmed" from the "Hi-cap" magazine, could NY sue you for selling it to a resident there?

Rosewood


Yep.

Contact Adventure Outdoors and they can explain to you how that works.

i am being a little flip, but the truth is, no one really knows where all of this is going.


What about "red flag" laws. Dude in State A has all his guns confiscated in a "red flag" state. All of the guns are legal to own. Dude goes to state next door and buys an AR-15 from a FFL, which is legal to purchase in that state, and legal to own in his state, but NOT legal for HIM to own.

There is no way for the the FFL to determine that the Dude is subject to a "red flag" order (which is the same for domestic violence order right now in any state).

So how does the FFL protect itself?

Clearly the intent is for the anti-guns states to pass legislation what effectively regulates the sale of firearms in other states.

Going back the Academy lawsuit, the hi-cap mag was not used in Colorado, and as far as I can tell from what I have been able to read, was never at any time in Colorado.
 
The last response seemed like a canned generic response which is what made me think. I am selling a magazine which is clearly illegal to be sold to the butt plug state of NY.

First email to me:

Hello am a LE in NY would like to purchase this mag or additional one s if you have. I cane mail you my credentials. Please advise. Thank you

My response back:

Sorry, but I don't even ship to my own NYPD and DOJ family living in NY.

Strange "canned response":

Sorry then we won’t be able to do business then. Thank you again for trying.
sell/ship him some paper back magazines with pics of magazine, and provide advise to move to a free state. A NY cop soliciting you to ship/ sell banned magazines to someone in NY would be at the very least entrapment. Don't see how a NY District Attorney could charge you with a crime unless you commited a crime while you were in NY. Dont see how you would be breaking any laws. I am not an Attorney but i still think you should ship him a box of shooting times. Get his info call CNN tell them you have a NY cop trying to import illegal magazines into the state. HAVE FUN WITH THEM.
 
The last response seemed like a canned generic response which is what made me think. I am selling a magazine which is clearly illegal to be sold to the butt plug state of NY.

First email to me:

Hello am a LE in NY would like to purchase this mag or additional one s if you have. I cane mail you my credentials. Please advise. Thank you

My response back:

Sorry, but I don't even ship to my own NYPD and DOJ family living in NY.

Strange "canned response":

Sorry then we won’t be able to do business then. Thank you again for trying.


I'd say someone is running a scam on you. The broken English or misuse of words is a dead give-away. As soon as I this in a message or email -- I hit the delete button -- not worth my time or effort....
 
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