09 December 2009

American Ex-Pats Suing To Get 2A Rights Back

Did you know that if you are an American citizen, but live overseas, that you essentially have no Second Amendment right when you are in the States?

With the Gun Control Act of 1968, and later on, Form 4473 which is filled out when purchasing a firearm from a gun store or other dealer, you must list the state in which you reside. But what if you married that hunky exchange student you met in college and today live in Greece? Took the job-of-a-lifetime transfer to Australia?

Here's the more important question. Can't list a U.S. state? Tough, says the Obama administration. Then you cannot buy a firearm.

The Second Amendment Foundation has filed an action regarding this restriction and the complaint is being heard by District Judge James Robertson in Washington, D.C. Attorneys for both sides have been arguing over whether the American expats have suffered enough harm to permit them to sue, the legal concept known as "standing. " The Obama administration claims that they haven't, arguing in a brief: "(Plaintiff's) vague allegation of an intention to acquire a firearm on some future visit to the United States does not give rise to a live controversy as required by Article III of the Constitution."

More specifically, the Obama administration appears to have taken the position that there's no way for anyone to challenge the 1968 Gun Control Act on Second Amendment grounds unless they're arrested for violating it first.

In response, the Second Amendment Foundation points out that the expats tried to purchase firearms in the past but were denied permission.

This is one to watch.

"The NRA: Creating or saving millions of gunowners since 1871." -- J.Cuddy

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