RKBA and Forum FAQ

There are a variety of questions about the Forum that are asked so frequently that they have been included here in an attempt to reduce the number of times they're asked on the forums. Those questions involving a change to the Forum have been considered numerous times and has been rejected for non-trivial reasons.

Section 1 - Forum Questions

Section 2 - RKBA Questions

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Section 1 - Forum Questions

"I've registered, but I haven't ever been able to post." Or, "I can register and log in, but then the Forum asks me to log in again when I try to post."

There are two possibilities. Read the error message on the page that says either that you don't have permission to post, or that you need to log in again. Read the whole page. One of the situations described probably applies to you. So many people seem to have trouble with this that the next two paragraphs attempt to explain what may be happening.

The first possibility, if you've never been able to post, is that you have completed the initial web-based registration form but have not completed the final step. You must visit a URL provided to you via email. If you did not get that email, obviously either the message never arrived in your mailbox, or you ignored it. The latter situation needs no further discussion. If, however, you never got the message, the Forum very probably attempted to send it. Your ISP might have decided the email as spam and deleted it, or the email could be in a separate spam folder. In either of these cases, you need to get your ISP to deliver mail from the Forum, and then get the Forum to resend the registration message. You can get vBulletin to resend the activation email by clicking on the appropriate link on the error page you see when you attempt to post. This is unfortunately rather common, and we don't have the resources to manually walk everyone through the registration process.

The second situation is that you are a fully registered member, i.e. you followed the activation link provided via email, but you still cannot post. Most likely, you tried to change your email address and have not yet confirmed it. An email is sent to the new email address, and you must visit a URL in that email before you can post again. Another less likely possibility is that the problem is related to cookies. Make sure your browser accepts them, and that you don't have some firewall or security software that's blocking them. There are reasons for disabling browser cookie support. However, the vast majority of problems logging in or staying logged in are due to cookies. If you don't understand the implications of disabling cookies, you probably want to leave them enabled.

A firearm I had for sale has been sold. How do I delete my "for sale" thread?

Generally, you don't. You can add a post stating that the item has sold. The Forum is not an auction house and is not responsible for mediating transfers, but we don't think it is a good idea to delete buy/sell threads when they may contain information that could resolve disputes. To the extent that the Forum is used to facilitate private transfers, we want to keep a record of what's said in public. In exceptional circumstances, requests for thread deletions may be honored. The same general rationale applies to mistakes, price changes, etc. Think twice, post once, and if you make a mistake, simply post a correction.

Why was my thread about Batman closed as off-topic when another member's thread about Silver Surfers was left open and even has replies from moderators?

Topicality is determined by the moderators. In the rare event that there exist a significant number of threads you feel are off-topic, chances are there are no mods around, and that the offending thread(s) will be dealt with when there are. Keep in mind that even a million mods could not close all offending threads immediately. These things take time. Occasionally, off-topic threads are left alone. Live with it.

Help! I have a question or technical problem!

Please check the vBulletin FAQ first. If you don't find your answer, please use the Tech Support area on the Forum. Thanks.



Section 2 - RKBA Questions

It's really pathetic that the laws are complicated enough to require this disclaimer, but the answers here should not be relied upon as legal advice. You shouldn't even rely on the text of federal law, because the BATFE has promulgated rules that conflict with or extend federal law. The only way to be relatively sure is to consult (read: retain) a lawyer.

What are the basic requirements for buying firearms?

Exact requirements depend on the state, but it is illegal to buy a firearm from an FFL -- generally a store, a pawnshop, etc. -- if you are under 21. (An individual can also be an FFL; the relevant issue is whether the firearm you're buying is in the inventory of the FFL or whether it is owned privately by the FFL holder.) Otherwise, it is legal under federal law for any adult (other than certain classes like felons, the mentally ill, and people under restraining orders) to buy firearms from any person in the buyer's state of residence. However, some states either explicitly require firearm purchasers to be over 21, or require that all transfers take place through an FFL, effectively prohibiting any sales to those under 21 due to federal restrictions on FFLs.

Federal law prohibits purchase of a firearm under a variety of other conditions which are mostly listed on the BATFE form 4473 which you must fill out before purchasing a firearm from an FFL. The most common criteria are that you must not be a convicted felon, you must not be a drug addict, and you must not be under a restraining order.

Where can I buy firearms?

Under federal law, you can buy firearms from anyone in your state of residence. You may also buy and take possession of long guns in any state, but you must buy from an FFL, and the FFL must follow the laws of your state of residence as well as the laws of the state in which the FFL is located. In all other cases, an interstate transfer needs to be conducted through a FFL in your home state, which also insulates you somewhat from unknowingly violating laws.

Who can buy my firearms?

If you have reason to believe a buyer is prohibited from owning or purchasing a firearm, it is illegal for you to sell a firearm to him/her. If you have reason to believe a buyer is not a resident of your state, you cannot sell to him/her without going through an FFL, as well as complying with all firearm-related state laws of both your state and the transferee's state.

How can I legally ship firearms?

If you are not an FFL, state law controls shipping requirements within the state. If you are an FFL, you should know the shipping laws so the rest of this only applies to private individuals.

USPS can only be used to ship long guns to an FFL. USPS cannot be used (by non-FFL holders) to ship handguns. Individuals can ship guns for repair via private carrier (UPS, Fedex), since that does not constitute a transfer and the receiver is an FFL anyway. Using a private carrier to ship guns as part of a transfer is legal if the transfer is legal: check state laws for intra-state shipping, or federal firearms transfer laws for inter-state shipping. Private carriers (UPS, Fedex) have policies about shipping weapons. Try to be aware of them and do not announce the package's contents on the outside if possible, since valuable packages sometimes go missing.

What's the procedure for flying with firearms?

"For checking your firearm with your baggage, you'll need a hard case that can be locked, and (of course) a lock.

"When you get to the counter, declare to the person at the counter that you are checking a firearm with your checked baggage. Produce the case and unlock it, show them that the gun is unloaded (I generally disassemble my slide or bolt, depending on what I'm checking), and they'll give you a form to sign verifying that the firearm is unloaded (and PLEASE make sure that it is prior to arriving at the counter). That's it.

"Once the form is signed, it goes into the case with the firearm, and you lock it up. Then it goes into your checked bag (or, if it is a rifle/shotgun case, it goes straight to the conveyor belt) and onto the plane."

(as posted by Bob Locke in this thread)

More detailed recommendations are available here: Glocktalk thread

DO NOT EVER TRY TO TAKE FIREARMS THROUGH AN AIRPORT SECURITY CHECKPOINT, EVEN IF SOME AIRPORT GOON TELLS YOU THAT YOU ARE ALLOWED TO CHECK YOUR BAGGAGE AT THE GATE.

Why is everyone paranoid about discussions involving manufacture of machineguns, machinegun parts, short barrelled long guns, and silencers?

The BATFE sometimes considers detailed discussion of those subjects to be illegal, or at least worthy of a pre-dawn raid. (They take machineguns the most seriously.) Naturally, most people don't like being woken up by gun-toting black-clad ninjas, so the Forum discourages discussions of how to make machineguns, short-barrelled long guns, and silencers. Under federal law, you can legally make anything but a machinegun, but you must jump through hoops to do so. NFA Title 2 weapons are a complex subject, and W. Bardwell's site (located on the main page of the Forum library) is a good resource for those who wish to know more.


What is the (B)ATF(E)?

The BATFE is the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Until recently, it was part of the Department of the Treasury, since its original mandate was handling tax stamps for title 2 (NFA) firearms. Due to the War on Terror, federal agencies have been shuffled around, and the BATFE was not immune. It was relocated in the Department of Homeland Security. The BATFE's mission has, over time, focused less on tax collection and more on investigation and enforcement of laws regarding firearms, alcohol, tobacco, and explosives. It is primarily concerned with investigating alleged violations of the NFA (which is mostly tax law), arson, and 18 USC 922.

What's the deal with Smith&Wesson?

On March 17, 2000, Smith&Wesson signed an agreement with the federal government promising they'd incorporate certain "safety features" into their guns in return for immunity from lawsuits. Under the Bush Administration, this agreement is dormant but has not been legally rescinded. The Texas Concealed Handgun Association had a good description of the Smith & Wesson Agreement (link goes to archive.org mirror). Incidentally, this agreement causes some of the Forum members to go into hysterics any time S&W is mentioned.

What's this Molon Labe thing?

See this molon labe page.

What, exactly, does the 2nd Amendment protect?

Most people would agree that the boundaries of the natural right articulated by the 2nd Amendment have never been adequately dealt with by the courts. The vast majority of RKBA supporters agree that private citizens have a right to own any semi-automatic firearms, as well as edged and blunt weapons readily portable by a fit adult. Many members of firearm-related forums believe that the right encompasses man-portable firearms -- up to and including weapons such as the M249 SAW, M16 and M203 grenade launcher. And some believe that the 2nd Amendment encompasses all weapons. It is unlikely that the courts will ever seriously consider the constitutionality of the federal prohibition against private ownership of nuclear weapons or operational missile cruisers, so such discussion of the RKBA's application to most non-portable weapons is academic.

Generally, RKBA discussion centers on man-portable firearms and edged and blunt weapons, with readily portable explosives and rockets on the fringe. While a large subset of RKBA advocates might recognize other explosives, artillery, missiles, and other more powerful weapons as constitutionally protected, personal interest in such items is rather rare.

Why do people want to carry concealed weapons? Do they want to shoot someone?

More than likely, no. Those who want to shoot others -- and who will act on it -- are called murderers. They don't care about firearms laws, because they routinely commit more heinous crimes that carry even heavier punishments.

Carrying a firearm or other weapon is a personal decision, more often to defend against creeps and scumbags than to become one. Reasonable citizens should respect others' informed decisions on whether to carry a weapon for defense. Complaining about concealed or open carry will not keep violent criminals from carrying firearms.

The Brady Campaign against Handgun Violence lists CHL/CWP holders who have committed serious crimes. Given that, why should concealed carry be allowed?

What they won't tell you is that the incidence of violent crime (and crime in general) committed by CHL/CWL holders is substantially lower than the rate in the general population. What else could one realistically wish for in the CHL-holder demographic? There are evil people in every demographic. As long as there are bad police officers who commit crimes, it is unfair, unrealistic, and perhaps even malicious to suggest that CHLs/CWLs are bad because some license holders commit crimes.

Such groups use any sort of violent crime as evidence that guns are bad, no matter whether the perpetrator is a license holder or not. If the criminal had a CHL/CWL, that means that concealed carry is bad because background checks are not good enough. If the criminal didn't have a license, that means there's not enough effort to control guns in the general population. The unwritten presumption of these groups is that one firearm-related crime, or even accident, is too many. Yours truly believes that reducing firearm-related crime to zero is impossible regardless of laws and enforcement techniques, which leads to the conclusion that the Brady Campaign and the VPC -- and any other groups using crime statistics as reasons to regulate firearms -- are living in a fairy tale.

"Tears are not arguments." -- Machado de Assis, writer (1839-1908).

What can I do for the RKBA?

Be a responsible firearm owner. Introduce others to firearms and shooting sports. Contribute to and volunteer for RKBA organizations. Depending on your beliefs, you might consider contributing to organizations such as GOA, JPFO, KABA, NRA, or a State-level organization of your choice.

How will contributing to RKBA efforts help me?

It may slow, prevent, or even reverse the erosion of your 2nd Amendment rights.

Should I carry under the authority of the 2nd Amendment even if lesser laws forbid it?

Only you can decide. Carrying a firearm in violation of local, State, or Federal law is dangerous for you and those who depend on you for support. It also carries the risk of disrupting friendships and family ties.

The Forum cannot recommend breaking the law, even laws so blatantly unconstitutional. We urge you to investigate getting a permit from a state offering the most reciprocity, which can be determined at handgunlaw.us (packing.org is deceased). Florida, Arizona, and Utah are among the better choices if their licenses are valid in your home state. Individually the Forum members and staff may hold differing opinions, but it should be clear that the Forum does not recommend illegal carry, and is not liable for anything people do based on opinions presented in the forums.

If concealed and open carry are both illegal, and if you cannot get a license to carry, we cannot offer any advice. You have to weigh the risk of being assaulted by a criminal against the legal risk of carrying a firearm illegally. There is always the option of moving to a state which respects you and treats you as a responsible adult.

I need a gun for myself, my girlfriend, my aunt, my daughter-in-law, or my pet beta fish (which I gave hands thanks to genetic engineering). Help me choose.

Uhhh... okay. Get a desert eagle .50 or a kel-tec micro-compact. Anything else and you're either a pansy or you're compensating for something.

More seriously, the manufacturers people tend to like include Colt (1911s), CZ (mainly the 75 / P01), Fabrique Nationale (hi-power), Glock, HK, Kahr, Kel-Tec, Kimber, SigArms, Smith&Wesson, Springfield Armory (1911s and XDs), and Walther. All of those are fairly respectable, regardless of griping about various brands or models on the forums. To narrow down the choices, whoever intends to use the gun needs to try at least a few different options before choosing. The cost of renting and trying out a few guns pales in comparison to the cost of buying a gun you don't like, then leaving it unloaded or at home on a day when you need it. If you're going to buy a gun for self defense, make sure you're comfortable using it for self defense, and make sure you're comfortable carrying it open/concealed if it'll be a carry gun. If you're going to buy a gun for target practice, make sure shooting it is fun; otherwise you will probably not use it for target practice, and it will collect dust.

I need something other than a gun for self defense. What about Tasers/knives/spray/kubotons/batons/whistles/psychic powers?

There's no generic answer. What works for one person won't necessarily work for someone else. Taking someone else's advice on defensive-weapon selection is almost never as good as trying different options for yourself and picking the one you believe is most effective for you. However, learning more about general self defense methods and mindsets, (separate from choosing specific self-defense tools), is always recommended.

However, I will take up the issue of Tasers, both because I have strong opinions about them and because Taser, Inc. puts a lot of effort into marketing. Tasers have several features which I feel make them poorly suited to self defense for private individuals. When police use Tasers, it is typically either in a low-risk situation, or with multiple additional officers (with guns drawn) as backup. Tasers only provide one shot without a (slow) reload, making them useless against multiple assailants. Tasers provide a 30-second shock, which may not be enough lead time to get to safety. Taser barbs spread out over distance, so in order to hit an assailant you'd need to be more accurate than with a gun; yet Taser cartridges are expensive, so you're unlikely to practice firing one unless you're rich. Non-LE tasers have a 15' maximum range. Anyone familiar with the Tueller drill will notice a problem with that. Then there's the issue of battery and electronics reliability. Note that all of those issues are independent of whether a taser would work even if both barbs hit a hypothetical assailant; there are documented instances of tasers failing to incapacitate, whether due to barb placement, clothing, or reduced sensitivity to taser-induced pain (caused by some drugs or bad luck on the victim's part). My conclusion: Tasers have a place, but not as a self-defense tool for the average private citizen.

What caliber is best?

A reasonably large ball of Pu-239, when properly used, will result in a guaranteed one-shot stop of any unshielded, human assailant within thousands of meters. However, it may not kill other potentially dangerous creatures, such as cockroaches, ants, Staph. Aureus, or mold.

Why aren't there more questions here?

Go back to the main library page, and visit Guncite, KeepAndBearArms, and Handgunlaw.us. If you think there's something important missing, send a PM to "tyme" on the Forum.