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Surf Fishing Guru

(115 posts)
3. No Biggie . . .
Sun Dec 24, 2017, 12:24 AM
Dec 2017

In reality, this change is only bringing DoJ practice into compliance with federal law.

This isn't a "new" interpretation . . . As used in the Gun Control Act (as amended by Brady), the term "fugitive from justice" has been defined in federal law since the day the Brady Act's ink dried back in 1994:


US Code 18 §921(A)(15): The term “fugitive from justice” means any person who has fled from any State to avoid prosecution for a crime or to avoid giving testimony in any criminal proceeding.



Fleeing from the state is a requirement to be defined as a "fugitive from justice" in the law. Why previous DOJ's were applying "fugitive from justice" to people that had not fled their state is a question I'd rather leave unasked.

This article's statement that, "What that means is that those fugitives who were previously prohibited under federal law from purchasing firearms can now buy them," isn't true. All that was done was remove people from the NICS category of "fugitive from justice" who are in fact NOT fugitives from justice.

What's the problem?

If the warrant that is being avoided meets 922(n), "indictment for a crime punishable by imprisonment for a term exceeding one year", then they should be entered into NICS and be barred from buying a gun.


922(n) It shall be unlawful for any person who is under indictment for a crime punishable by imprisonment for a term exceeding one year to ship or transport in interstate or foreign commerce any firearm or ammunition or receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.


I hate to be in a position where I'm defending the Trump / Sessions DoJ, but on this they are legally correct and it corrects a bad practice.

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