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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 06-21-2011, 1:41 PM
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Question Q: Roughly when do we start gutting the '68 GCA???

Since we hope to win Shall Issue via the fed cts in 1 to 2 years, I've been thinking about what HGNs I'd want on a CCW permit.

I was looking at various Glocks on their website and noticed that they only sell their .380s to LEOs (http://www.teamglock.com/products.aspx). I'm *guessing* it is because of the 1968 Gun Control Act's import restrictions, in particular the "point system" set up to ban foreign made compact and smaller handguns. These are the restrictions that banned the importation of the Walther PPK and TPH. Yet identical guns, if manufactured in the US, are legal to sell. Sounds pretty IRRATIONAL to me! (That is, it shouldn't survive even rational basis analysis.)

So, roughly when (i.e., in what year), will the "points system" of the '68 GCA be shot down in fed court?
Dittos for the "sporting purposes" restriction?

(Please skip the lame "two weeks" replies.)
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Last edited by Paladin; 06-21-2011 at 7:56 PM.. Reason: slight modification of title
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  #2  
Old 06-21-2011, 2:08 PM
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Glock already has a factory in Smyrna GA USA that manufactures Glock pistols, which my understanding is they are exported to countries that don't have good import agreements with Austria.

If Glock thought the demand was there, I don't see why they couldn't manufacture and sell the .380 in the US right now.




Last edited by stix213; 06-21-2011 at 2:11 PM..
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Old 06-21-2011, 2:17 PM
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Let's secure carry first.

The antis will be yelling "MACHINE GUNS!!!" if we do too much against the GCA or NFA and that might hurt our chances in the carry cases (only because the opposition might stiffen).

As much as I disagree with import restrictions, they are mostly an inconvenience that makes you spend a little more. As long as we are working to protect our core gun rights, I can live with that.
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Old 06-21-2011, 4:06 PM
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Originally Posted by wash View Post
Let's secure carry first.

The antis will be yelling "MACHINE GUNS!!!" if we do too much against the GCA or NFA and that might hurt our chances in the carry cases (only because the opposition might stiffen).

As much as I disagree with import restrictions, they are mostly an inconvenience that makes you spend a little more. As long as we are working to protect our core gun rights, I can live with that.
I can't wait for the day we win machine guns back. I will start my NFA process and get piss drunk to celebrate, probably use a *** ton of fireworks too
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Old 06-21-2011, 4:54 PM
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Wash, your posts are usually worthwhile. This one seems to have fallen below your usual standard.

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Let's secure carry first.
You mean I can't even ask these questions until we get Shall Issue in June 2012 or June 2013??? This one is FUD (spreading fear, uncertainty, and doubt). As Gene said elsewhere, the fight for Carry is well underway.

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Originally Posted by hoffmang View Post
Carry: We're all over carry. We're part of the nationwide effort to get full carry for all - see Richards and the fact that we already got Sacramento County shall issue. We're cleaning up counties left and right. Counties like San Mateo are now completely clean and all you need is some sort of elevated cause. We're suing Ventura for GC statements. We've threatened San Francisco. We've threatened a whole lot more that aren't public yet. We're also cleaning up some other carry issues that will come up from the underworld soon.
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Originally Posted by wash View Post
The antis will be yelling "MACHINE GUNS!!!" if we do too much against the GCA or NFA and that might hurt our chances in the carry cases (only because the opposition might stiffen).
More spreading of FUD. I did NOT bring up the NFA which is the cornerstone of the laws against MGs, SBRs, and all the other really fun stuff.

IIRC, the GCA does NOT deal w/MGs, or if it does, only in a very minor way. I specifically asked about the GCA "point system" import ban for small HGNs and the "sporting purposes" restrictions. Again, these were just questions, not suggestions/recommendations that they be pushed to the head of the line.

To me, the "point system" looks like it would be easy to take out, given the right plaintiff (or even criminal defendant). With 40 (soon to be 41 states), readily allowing CCing, I doubt whether there will be much grassroots opposition to allowing foreign manufacturers compete against domestic manufacturers of small HGNs (other than from those same US manufacturers fearing competition). While the MSM may howl, I don't see there being a political will in Congress to defend either the "point system" or "sporting purposes" parts of the GCA.

But again, I'm just asking Qs. I'm sure the "Right People" have already thought about the GCA. I'm just wondering roughly when they think those parts of it may fall.
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Supporting CGF at the expense of supporting NRA is wildly stupid. . . .

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Last edited by Paladin; 06-21-2011 at 4:58 PM..
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Old 06-21-2011, 10:13 PM
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Controlling and banning imports is well within the powers of Congress and not a Constitutional issue.

If Glock wants to manufacture a .380 pistol in the US and sell it, then that's fine. But no amount of 2A will prevent Congress from enacting laws that restrict IMPORT of that firearm, even based on some arbitrary points system.

"Sporting purposes" will be very easy to attack for domestically produced firearms, but will almost certainly be allowed to block imports with.

Preventing the import or export of something does not infringe upon your Constitutional rights.
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Old 06-21-2011, 10:21 PM
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Controlling and banning imports is well within the powers of Congress and not a Constitutional issue.

. . . But no amount of 2A will prevent Congress from enacting laws that restrict IMPORT of that firearm, even based on some arbitrary points system.

. . .

Preventing the import or export of something does not infringe upon your Constitutional rights.
If what you say is true, that means the "point system" must be killed politically at the federal level. So all we need is the pro-gunnies to keep control of the House and take the Senate and the White House in 2012 . . . .
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Supporting CGF at the expense of supporting NRA is wildly stupid. . . .

Never, ever, ever choose not to be an NRA member.

-Gene
185+ examples of CCWs Saving Lives.
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Old 06-21-2011, 10:36 PM
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The foreign commerce and war/national security powers will likely limit the scope of the 2A on legislation regarding imports and exports. That's not a certainty though as it's clearly outside the scope of the US Government to limit the import or export of a book (ask me how I know...)

GCA '68 is being nibbled at in both Dearth and Lane.

-Gene
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  #9  
Old 06-21-2011, 11:11 PM
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Quote:
Originally Posted by hoffmang View Post
That's not a certainty though as it's clearly outside the scope of the US Government to limit the import or export of a book (ask me how I know...)

-Gene
Ok I'm interested: how do you know? What book did .gov try to stop you from importing or exporting?
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Old 06-21-2011, 11:26 PM
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Ok I'm interested: how do you know? What book did .gov try to stop you from importing or exporting?
http://en.wikipedia.org/wiki/Pretty_..._investigation

This one I think...
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Old 06-21-2011, 11:35 PM
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I'm kind of happy that stupid import/export laws are actually helping an industry in the US right now.
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Old 06-22-2011, 4:33 AM
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I would still like to see "sporting purposes" struck from the law. 922r specifically. At the very least get a definition of what "sporting purpose" means. Right now its up to who ever is in power.

Also domestic produced military parts for AK's suck. Original are better.
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Old 06-22-2011, 4:47 AM
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Quote:
Originally Posted by hoffmang View Post

GCA '68 is being nibbled at in both Dearth and Lane.

-Gene
And in TX (Jennings, nee D'Cruz cases) with 18-20yo handgun purchase and CCW restrictions.
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