Vermont gun bill to ‘close Charleston loophole’ unconstitutional, Klar says - American Thinker

H610, now in the Vermont Legislature, is supposedly an attempt to prevent another mass killing as occurred in Charleston, SC. But it is blatantly unconstitutional, lawyer and guv candidate John Klar says.

“This bill seeks to close what leftist ideologues dub the “Charleston loophole,” but which federal law retains as a constitutional default provision. When a person seeks to purchase a firearm, they must undergo a background check in which they are either instantly approved, instantly rejected based on past criminal history, or are placed on hold, pending a three-day delay to permit federal authorities to make further inquiries to determine whether they are legally disqualified from the purchase. If the three days elapse without action, a federally licensed gun dealer may proceed with the sale. The criminal who opened fire on a defenseless black congregation in Charleston, South Carolina in 2016 obtained his murder weapon via a legal purchase, despite a three-day delay, when authorities failed to intercede. Such purchases constitute a minority of gun sales, but the left has seized on this case as an opportunity to brand their virtue-signalling crusade as a necessary evil to protect the public. Whether or not Vermont’s earnest effort would actually save lives, it most clearly falls far shy of constitutional acceptability.

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  • Patrick Finnie
    commented 2020-01-18 21:09:41 -0500
    It’s about time someone with real respect for, and understanding of our Constitution stepped forward in opposition of the looney left in Montpelier. Thank God there are still some good old Vermonters left in this State !
  • Mark Maloney
    commented 2020-01-15 06:33:22 -0500
    This rs nothing new…the leftists in Vermont have been ignoring and whittling away at the Constitution for many years. I wonder how many rights have to be taken away before people will say “Enough!”.