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Thread: HR 218 qualifications

  1. #11
    Distinguished Member Denverd0n's Avatar
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    The key point is in the response from the NRA -- there is no case law to clarify this. The law has never been through a court challenge, which would clarify exactly what it means. As such, it is not possible to get a completely clear and explicit explanation of what the law means, unless you want to hire a lawyer and take the issue to court, to get your explanation there.

    It sucks, but that's the way it is with a lot of laws -- you cannot ever really know exactly what they mean, until that has been sorted out in a court of law.

    My interpretation would be that "type" is used in the law in its normal sense. That is, semi-auto or revolver. ANY semi-auto, or revolver, not just the explicit make and model that one qualifies with (adding a specific serial number strikes me as completely absurd). I think any half-decent attorney ought to be able to make that argument pretty persuasively. Personally, I would proceed on that basis, but with the understanding that if worse came to worst, I might end up in court defending that interpretation.

  2. #12
    Junior Member SheepdogIHS's Avatar
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    Quote Originally Posted by Denverd0n View Post
    The key point is in the response from the NRA -- there is no case law to clarify this. The law has never been through a court challenge, which would clarify exactly what it means. As such, it is not possible to get a completely clear and explicit explanation of what the law means, unless you want to hire a lawyer and take the issue to court, to get your explanation there.

    It sucks, but that's the way it is with a lot of laws -- you cannot ever really know exactly what they mean, until that has been sorted out in a court of law.

    My interpretation would be that "type" is used in the law in its normal sense. That is, semi-auto or revolver. ANY semi-auto, or revolver, not just the explicit make and model that one qualifies with (adding a specific serial number strikes me as completely absurd). I think any half-decent attorney ought to be able to make that argument pretty persuasively. Personally, I would proceed on that basis, but with the understanding that if worse came to worst, I might end up in court defending that interpretation.
    I agree completely, this is something you would think the NRA would be willing to address. I am a Lifetime Distinguished member of the NRA. I have sent several emails to their Law Enforcement Division and after 2 weeks have yet to receive any response at all, not even a "we are looking into this".

    I am completely disillusioned with the NRA and will make no further donations until I receive an answer.
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  3. #13
    Distinguished Member Denverd0n's Avatar
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    The point is, there is nothing for them to look into. The only way to clarify this further is a legal challenge. That means they have to find someone who has been charged with carrying the wrong "type" of firearm, and take the case to court. I have never heard of anyone being charged under this law. Has it ever happened? A quick Google search doesn't turn up anything. Until it does, and until someone takes the case to court, that's it. There is no more information that anyone can provide.

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  5. #14
    Junior Member SheepdogIHS's Avatar
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    Quote Originally Posted by Denverd0n View Post
    The point is, there is nothing for them to look into. The only way to clarify this further is a legal challenge. That means they have to find someone who has been charged with carrying the wrong "type" of firearm, and take the case to court. I have never heard of anyone being charged under this law. Has it ever happened? A quick Google search doesn't turn up anything. Until it does, and until someone takes the case to court, that's it. There is no more information that anyone can provide.
    Thank you for the clarification. The NRA could have had the curtesy of explaining just that.
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  6. #15
    Junior Member SheepdogIHS's Avatar
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    UPDATE

    I checked with two adjacent counties. They DO NOT take the serial number of the weapon and the certification card will only indicate "semi-auto or revolver or both"

    I re-qualified with one of the counties and got a new certification card that reads "semi-auto/revolver"

    It seems that Indian River County is one of few that go above and beyond what the law requires and lists the exact gun/guns that you qualified with.
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  7. #16
    Distinguished Member joecarry's Avatar
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    Quote Originally Posted by SheepdogIHS View Post
    UPDATE

    I checked with two adjacent counties. They DO NOT take the serial number of the weapon and the certification card will only indicate "semi-auto or revolver or both"

    I re-qualified with one of the counties and got a new certification card that reads "semi-auto/revolver"

    It seems that Indian River County is one of few that go above and beyond what the law requires and lists the exact gun/guns that you qualified with.
    Talk about over achievers. Now you know where NOT to go next time for renewal. Glad you found a sane countie to requalify in.
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