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Old January 28, 2013, 04:44 PM   #198
Spats McGee
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Join Date: July 28, 2010
Location: Arkansas
Posts: 5,127
Quote:
Originally Posted by Alabama Shooter
Quote:
Originally Posted by Spats McGee
I haven't accused you of wanting an AWB, nor have I suggested anything about the NFA.
Then why bring it up? . . . .
Because you wrote:
Quote:
Originally Posted by Alabama Shooter
. . . . Besides, if you think that I have indicated anything in any of my posts (any and all) that I want some kind of AWB or NFA you should take some kind of remedial reading course.
Quote:
Originally Posted by Alabama Shooter
Remember it is you arguing for the unlimited, unrestrained, unrestricted 2A rights purchasing rights.
All I've said is that I will not support expanding them to encompass private sales. I have not argued for a repeal of the current law requiring background checks from FFLs.
Quote:
Originally Posted by Alabama Shooter
No you are not. This is why hypos don’t work. You changed it. I said you owned the building not that you were running it for someone else. Make it one of several houses that you own but don’t live in if you like. I guarantee you that if you do not rent the place for discriminatory reasons you will be facing a personal civil rights law suit. The CRA of 1968 specifies that this is illegal activity.

Now that you are NOT running a gun shop but that you simply offered a gun for sale (say an online ad). You are not acting as an agent for a business. Just you. If you offer and he accepts now you must sell regardless of whatever misgivings you might have if this protected activity right?
Yes and no. I took a look at housing, and housing is specifically covered under the CRA. I'll give you that one, but it's legally distinct from the private purchase of firearms from an individual. Private purchases of firearms from individuals are not covered by the CRA, as far as I can tell. Public facilities, like restaurants and gun shops are. That does not mean that the CRA extends a right to purchase a privately-offered firearm from an individual. With that said, there are some contract rights that might be acquired if there's been offer and acceptance, but that's a different kettle of fish.

Let's take another look at one of the citations you provided. I'll add a little emphasis.
Quote:
Originally Posted by Alabama Shooter
Good, then this should sound familiar:
Quote:
The Civil Rights Act of 1968 enacted 18 U.S.C. § 245(b)(2), which permits federal prosecution of anyone who "willingly injures, intimidates or interferes with another person, or attempts to do so, by force because of the other person's race, color, religion or national origin" because of the victim's attempt to engage in one of six types of federally protected activities, such as attending school, patronizing a public place/facility, applying for employment, acting as a juror in a state court or voting.
In fact, let's take a look at the actual statute, in addition to the summary you provided. Again, I'll add some emphasis for your convenience:
Quote:
(b) Whoever, whether or not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with--
(1) any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from--
(A) voting or qualifying to vote, qualifying or campaigning as a candidate for elective office, or qualifying or acting as a poll watcher, or any legally authorized election official, in any primary, special, or general election;
(B) participating in or enjoying any benefit, service, privilege, program, facility, or activity provided or administered by the United States;
(C) applying for or enjoying employment, or any perquisite thereof, by any agency of the United States;
(D) serving, or attending upon any court in connection with possible service, as a grand or petit juror in any court of the United States;
(E) participating in or enjoying the benefits of any program or activity receiving Federal financial assistance; or
(2) any person because of his race, color, religion or national origin and because he is or has been--
(A) enrolling in or attending any public school or public college;
(B) participating in or enjoying any benefit, service, privilege, program, facility or activity provided or administered by any State or subdivision thereof;
(C) applying for or enjoying employment, or any perquisite thereof, by any private employer or any agency of any State or subdivision thereof, or joining or using the services or advantages of any labor organization, hiring hall, or employment agency;
(D) serving, or attending upon any court of any State in connection with possible service, as a grand or petit juror,
(E) traveling in or using any facility of interstate commerce, or using any vehicle, terminal, or facility of any common carrier by motor, rail, water, or air;
(F) enjoying the goods, services, facilities, privileges, advantages, or accommodations of any inn, hotel, motel, or other establishment which provides lodging to transient guests, or of any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility which serves the public and which is principally engaged in selling food or beverages for consumption on the premises, or of any gasoline station, or of any motion picture house, theater, concert hall, sports arena, stadium, or any other place of exhibition or entertainment which serves the public, or of any other establishment which serves the public and (i) which is located within the premises of any of the aforesaid establishments or within the premises of which is physically located any of the aforesaid establishments, and (ii) which holds itself out as serving patrons of such establishments; or
18 U.S.C.A. § 245 (West)
In the example about declining to sell a gun, where was the force involved? For that matter, where is "purchasing a firearm from a private individual" listed as one of the six types of federally protected activities?

Oh, and just as an aside, that's a criminal statute that you summarized, not a civil one.

Quote:
Originally Posted by Alabama Shooter
Quote:
Originally Posted by Spats McGee
The constitution does not regulate activities as between private individuals.
Still Bull.

The mistaken belief that you have to a cop, shop keep, agent or whatever to violate civil rights is incorrect. If I stand outside of a polling place with a baseball bat and try to influence your vote through fear and intimidation that is a civil rights violation (regardless of whatever the current AG thinks).

I’d like to know now what your answer to the above scenario on gun pruchases will be as this is the resolution to most of this argument. You should already see where this is going. Your answer will also show where your real interests lie in regard to freedom.
Well, now you've introduced both intimidation by force and one of the federally-protected acts, voting, changing the scenario yet again. Legally, that's an entirely different scenario than a private individual declining to make a sale. I guess you're not getting answers that you like.

Like it or not, the constitution still doesn't regulate activities between individuals. Some statutes do, but the U.S. Constitution does not.

Yeah, I see where it's going. You're perfectly willing to try to appease the anti-2A crowd, no matter what you're faced with. I'm not.
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