Kessler wants to protect W.Va. gun owners from ‘entrapment’ (Bloomberg bill)

Register-Herald (Beckley, W.V.) ^ | February 09, 2010 | Mannix Porterfield

[neverdem]

CHARLESTON — Senate Judiciary Chairman Jeffrey Kessler hopes to send a strong message to the Big Apple and any others outside West Virginia: Hands off when it comes to entrapping residents with illegal firearms purchases.

In fact, he dubbed his proposed new legislation Tuesday “the Bloomberg bill” after the New York mayor and his zest for rounding up guns.

“They’ve been sending folks across state lines, outside the jurisdiction of his city, so I call it an entrapment bill,” Kessler said.

“Basically, it would make it a felony for them come out and try to purchase guns illegally in the state of West Virginia.”

Actually, the measure goes far beyond New York, he noted, since it is tailored to cover all states.

“I want to make sure they’re not entrapping people in this state and trying to enforce the laws of New York City outside the borders of New York,” Kessler, D-Marshall, said.

“It’s a movement just to basically stop that from occurring and say you’re not engaged in that kind of activity. And if it is, it’s a criminal offense in this state.”

Kessler said he wants a law on the books to discourage other states or large municipalities from “sensationalizing the fact” that firearms are being purchased illegally in one state and brought to another one.

“That’s the focus and thrust of it — to prohibit entrapment of West Virginia residents and citizens as part of a jurisdictional dispute,” the former prosecutor said.

“We don’t think they have jurisdiction to enforce their gun laws outside the state of New York.”

Kessler said the issue was raised with him by the National Rifle Association, which conveyed a concern that some anti-gun municipalities might attempt to extend the arm of their laws into West Virginia.

Kessler’s legislation would make it a felony to buy either a firearm or ammunition illegally in West Virginia from someone not allowed to possess either.

“What we’re trying to say is, the gun laws in your state can operate within your state, but they’re no good here,” he added.

[umgud]

The federal GCA (Gun Control Act of 1968) already prohibits buying guns accross state lines without having them sent to a dealer in your home state. There is no way anybody can drive to a state that isn’t their residence state and legally buy a handgun from either a dealer or a private party without declaring their state of residence and having said fiream shipped to a dealer in their home state. This is exactly what the Bloomie boys were doing, not to mention being straw purchases, which the act also prohibits.

[KarlInOhio]

But those are federal laws requiring the BATF and US DOJ to enforce them. I doubt that would ever happen against Bloomberg's bully boys. Maybe a few years in a West Virginia prison would convince them to go back home instead of breaking the law with the permission of the New York and federal governments.