Buying a Gun for a Californian I am a California native, currently attending school in Utah, and have been considering getting a Concealed Carry License as a non-resident of the State. In doing research, however, it appears that, because I am a legal resident of California, I cannot purchase a gun in Utah. Now, I am aware, that it is legal for a private citizen (not a licensed gun retailer) to purchase a firearm as a gift for someone else, as long as that someone else is not a convicted felon. What I'm wondering then, is whether it would be legal for, say, my wife, a Utah resident, to purchase a gun on my behalf?
If you cannot legally purchase a gun in Utah due to any restriction, such as residency, and you engage someone else to knowingly buy or gift you a gun (such as a "straw man" purchase from a dealer or private sale), that is illegal. From the same link you posted (my emphasis): Can I buy a firearm as a gift for someone? Yes, as long as the receiver is not a prohibited person and the gifting is not being used to circumvent a background check or other laws. Calling a purchase intended in place of another is a straw purchase.
There are no cases interpreting the Second Amendment to have that meaning at this time. Even when regulations on corporate gun dealers are held unconstitutional, this holding, thus far, has always been because the regulations burden the rights of natural persons who own guns to bear arms. But, while corporations do not have the right themselves, they do have standing to bring suit regarding regulations of their corporations that burden the Second Amendment rights of their customers in a way that allegedly violated the right.
An officer is allowed to pull you over for speeding and then decline to give you a ticket for speeding. So the lack of a ticket has nothing to do with it (unless you actually weren't speeding, not even 1 MPH over.) Simply having past felonies, however, is not a reason for an officer to be able to search the car. Without a warrant, he'd need probable cause, consent, or some other exception to the warrant requirement. It's impossible for me to say what happened here. Maybe your husband had an outstanding arrest warrant? Maybe the officer saw the gun from outside the car? Maybe one of you said "OK" when he asked to search the car? Or maybe the search was illegal after all?
Yellowstone is part of the National Park Service. Parts of it are located in Idaho, Montana and Wyoming. The rules concerning firearms on National Park Service properties are set forth at the National Park Service website. Some key excerpts from this are as follows: In areas administered by the National Park Service, an individual can possess a firearm if that individual is not otherwise prohibited by law from possessing the firearm and if the possession of the firearm complies with the laws of the state where the park area is located. 54 U.S.C. 104906. . . . Unless expressly authorized, Federal law prohibits the possession of a firearm or other dangerous weapon in NPS facilities. These buildings include, but are not limited to, government offices, visitor centers, ranger stations, fee collection buildings, and maintenance facilities. 18 U.S.C. 930. . . . Unless authorized, the use or discharge of a firearm within a park area is prohibited. 36 CFR 2.4(b) and 13.30(c). In parks where hunting is specifically mandated or authorized by federal statute, firearms may be used to hunt in accordance with NPS regulations and state laws. 36 CFR 2.2. The referenced statutes state (emphasis added): 18 U.S. Code § 930 - Possession of firearms and dangerous weapons in Federal facilities (a)Except as provided in subsection (d), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility), or attempts to do so, shall be fined under this title or imprisoned not more than 1 year, or both. (b)Whoever, with intent that a firearm or other dangerous weapon be used in the commission of a crime, knowingly possesses or causes to be present such firearm or dangerous weapon in a Federal facility, or attempts to do so, shall be fined under this title or imprisoned not more than 5 years, or both. (c)A person who kills any person in the course of a violation of subsection (a) or (b), or in the course of an attack on a Federal facility involving the use of a firearm or other dangerous weapon, or attempts or conspires to do such an act, shall be punished as provided in sections 1111, 1112, 1113, and 1117. (d)Subsection (a) shall not apply to— (1)the lawful performance of official duties by an officer, agent, or employee of the United States, a State, or a political subdivision thereof, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law; (2)the possession of a firearm or other dangerous weapon by a Federal official or a member of the Armed Forces if such possession is authorized by law; or (3)the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes. (e)(1)Except as provided in paragraph (2), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal court facility, or attempts to do so, shall be fined under this title, imprisoned not more than 2 years, or both. (2)Paragraph (1) shall not apply to conduct which is described in paragraph (1) or (2) of subsection (d). (f)Nothing in this section limits the power of a court of the United States to punish for contempt or to promulgate rules or orders regulating, restricting, or prohibiting the possession of weapons within any building housing such court or any of its proceedings, or upon any grounds appurtenant to such building. (g)As used in this section: (1)The term “Federal facility” means a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties. (2)The term “dangerous weapon” means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2½ inches in length. (3)The term “Federal court facility” means the courtroom, judges’ chambers, witness rooms, jury deliberation rooms, attorney conference rooms, prisoner holding cells, offices of the court clerks, the United States attorney, and the United States marshal, probation and parole offices, and adjoining corridors of any court of the United States. (h)Notice of the provisions of subsections (a) and (b) shall be posted conspicuously at each public entrance to each Federal facility, and notice of subsection (e) shall be posted conspicuously at each public entrance to each Federal court facility, and no person shall be convicted of an offense under subsection (a) or (e) with respect to a Federal facility if such notice is not so posted at such facility, unless such person had actual notice of subsection (a) or (e), as the case may be. . . . 54 U.S. Code § 104906. Protection of right of individuals to bear arms (a)Findings.—Congress finds the following: (1)The 2d amendment to the Constitution provides that “the right of the people to keep and bear Arms, shall not be infringed”. (2)Section 2.4(a)(1) of title 36, Code of Federal Regulations, provides that “except as otherwise provided in this section and parts 7 (special regulations) and 13 (Alaska regulations), the following are prohibited: (i) Possessing a weapon, trap or net (ii) Carrying a weapon, trap or net (iii) Using a weapon, trap or net”. (3)The regulations described in paragraph (2) prevent individuals complying with Federal and State laws from exercising the 2d amendment rights of the individuals while at System units. (4)The existence of different laws relating to the transportation and possession of firearms at different System units entrapped law-abiding gun owners while at System units. (5)Although the Bush administration issued new regulations relating to the 2d amendment rights of law-abiding citizens in System units that went into effect on January 9, 2009— (A)on March 19, 2009, the United States District Court for the District of Columbia granted a preliminary injunction with respect to the implementation and enforcement of the new regulations; and (B)the new regulations— (i)are under review by the Obama administration; and (ii)may be altered. (6)Congress needs to weigh in on the new regulations to ensure that unelected bureaucrats and judges cannot again override the 2d amendment rights of law-abiding citizens on 83,600,000 acres of System land. (7)Federal laws should make it clear that the 2d amendment rights of an individual at a System unit should not be infringed. (b)Protection of Right of Individuals To Bear Arms in System Units.—The Secretary shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm, including an assembled or functional firearm, in any System unit if— (1)the individual is not otherwise prohibited by law from possessing the firearm; and (2)the possession of the firearm is in compliance with the law of the State in which the System unit is located. The references regulations in Title 36 of the Code of Federal Regulations state (emphasis added): § 2.2 Wildlife protection. (a) **The following are prohibited: (1) The taking of wildlife, except by authorized hunting and trapping activities conducted in accordance with paragraph (b) of this section. (2) The feeding, touching, teasing, frightening or intentional disturbing of wildlife nesting, breeding or other activities.** (3) Possessing unlawfully taken wildlife or portions thereof. (b) Hunting and trapping. (1) Hunting shall be allowed in park areas where such activity is specifically mandated by Federal statutory law. (2) Hunting may be allowed in park areas where such activity is specifically authorized as a discretionary activity under Federal statutory law if the superintendent determines that such activity is consistent with public safety and enjoyment, and sound resource management principles. Such hunting shall be allowed pursuant to special regulations. (3) Trapping shall be allowed in park areas where such activity is specifically mandated by Federal statutory law. (4) Where hunting or trapping or both are authorized, such activities shall be conducted in accordance with Federal law and the laws of the State within whose exterior boundaries a park area or a portion thereof is located. Nonconflicting State laws are adopted as a part of these regulations. (c) Except in emergencies or in areas under the exclusive jurisdiction of the United States, the superintendent shall consult with appropriate State agencies before invoking the authority of § 1.5 for the purpose of restricting hunting and trapping or closing park areas to the taking of wildlife where such activities are mandated or authorized by Federal statutory law. (d) The superintendent may establish conditions and procedures for transporting lawfully taken wildlife through the park area. Violation of these conditions and procedures is prohibited. (e) The Superintendent may designate all or portions of a park area as closed to the viewing of wildlife with an artificial light. Use of an artificial light for purposes of viewing wildlife in closed areas is prohibited. (f) Authorized persons may check hunting and trapping licenses and permits; inspect weapons, traps and hunting and trapping gear for compliance with equipment restrictions; and inspect wildlife that has been taken for compliance with species, size and other taking restrictions. (g) The regulations contained in this section apply, regardless of land ownership, on all lands and waters within a park area that are under the legislative jurisdiction of the United States. . . . § 2.4 Weapons, traps and nets. (a) None of the provisions in this section or any regulation in this chapter may be enforced to prohibit an individual from possessing a firearm, including an assembled or functional firearm, in any National Park System unit if: (1) The individual is not otherwise prohibited by law from possessing the firearm; and (2) The possession of the firearm is in compliance with the law of the State in which the National Park System unit is located. (b) (1) Except as otherwise provided in this section and parts 7 (special regulations) and 13 (Alaska regulations), the following are prohibited: (i) Possessing a weapon, trap or net (ii) Carrying a weapon, trap or net (iii) Using a weapon, trap or net (2) Weapons, traps or nets may be carried, possessed or used: (i) At designated times and locations in park areas where: (A) The taking of wildlife is authorized by law in accordance with § 2.2 of this chapter; (B) The taking of fish is authorized by law in accordance with § 2.3 of this part. (ii) When used for target practice at designated times and at facilities or locations designed and constructed specifically for this purpose and designated pursuant to special regulations. (iii) Within a residential dwelling. For purposes of this subparagraph only, the term “residential dwelling” means a fixed housing structure which is either the principal residence of its occupants, or is occupied on a regular and recurring basis by its occupants as an alternate residence or vacation home. (3)(i) Traps, nets and unloaded weapons may be possessed within a temporary lodging or mechanical mode of conveyance when such implements are rendered temporarily inoperable or are packed, cased or stored in a manner that will prevent their ready use. (ii) An individual may carry or possess an unloaded bow or crossbow when accessing otherwise inaccessible lands or waters contiguous to a park area when other means of access are otherwise impracticable or impossible if: (A) The individual is not otherwise prohibited by law from possessing the bow or crossbow; and (B) The possession of the bow or crossbow is in compliance with the law of the State in which the park area is located. (c) Carrying or possessing a loaded weapon in a motor vehicle, vessel or other mode of transportation is prohibited, except that carrying or possessing a loaded weapon in a vessel is allowed when such vessel is not being propelled by machinery and is used as a shooting platform in accordance with Federal and State law. (d) The use of a weapon, trap or net in a manner that endangers persons or property is prohibited. (e) The superintendent may issue a permit to carry or possess a weapon that is not otherwise authorized, a trap, or a net under the following circumstances: (1) When necessary to support research activities conducted in accordance with § 2.5. (2) To carry firearms for persons in charge of pack trains or saddle horses for emergency use. (3) For employees, agents or cooperating officials in the performance of their official duties. (4) To provide access to otherwise inaccessible lands or waters contiguous to a park area when other means of access are otherwise impracticable or impossible. Violation of the terms and conditions of a permit issued pursuant to this paragraph is prohibited and may result in the suspension or revocation of the permit. (f) Authorized Federal, State and local law enforcement officers may carry firearms in the performance of their official duties. (g) The carrying or possessing of a weapon, trap or net in violation of applicable Federal and State laws is prohibited. (h) The regulations contained in this section apply, regardless of land ownership, on all lands and waters within a park area that are under the legislative jurisdiction of the United States. . . . § 13.30 Weapons, traps and nets. (a) Irritant chemical devices, including bear spray, may be carried, possessed, and used in accordance with applicable Federal and non-conflicting State laws, except when prohibited or restricted under § 13.50. (b) Paragraphs (d) through (g) of this section apply to all park areas in Alaska except Klondike Gold Rush National Historical Park, Sitka National Historical Park and the former Mt. McKinley National Park, Glacier Bay National Monument and Katmai National Monument. (c) Except as provided in this section and § 2.4 of this chapter, the following are prohibited - (1) Possessing a weapon, trap, or net; (2) Carrying a weapon, trap, or net; (3) Using a weapon, trap, or net. (d) Firearms may be carried, possessed, and used within park areas in accordance with applicable State and Federal laws, except where such carrying, possession, or use is prohibited or otherwise restricted under § 13.50. (e) Traps, bows and other implements (other than firearms) authorized by applicable State and Federal law for the taking of fish and wildlife may be carried, possessed, and used within park areas only during those times when the taking of fish and wildlife is authorized by applicable law or regulation. (f) In addition to the authorities provided in paragraphs (d) and (e) of this section, weapons (other than firearms), traps, and nets may be possessed within park areas provided such weapons, traps, or nets are within or upon a device or animal used for transportation and are unloaded and cased or otherwise packed in such a manner as to prevent their ready use while in a park area. (g) Notwithstanding the provisions of this section, local rural residents who are authorized to engage in subsistence uses, including the taking of wildlife under § 13.480, may use, possess, or carry traps, nets and other weapons in accordance with applicable State and Federal laws. . . . § 13.50 Closure and restriction procedures. (a) Applicability and authority. The Superintendent will follow the provisions of this section to close an area or restrict an activity, or terminate or relax a closure or restriction, in NPS areas in Alaska. (b) Factors. In determining whether to close an area or restrict an activity, or whether to terminate or relax a closure or restriction, the Superintendent must ensure that the activity or area is managed in a manner compatible with the purposes for which the park area was established. The Superintendent's decision under this paragraph must therefore be guided by factors such as public health and safety, resource protection, protection of cultural or scientific values, subsistence uses, conservation of endangered or threatened species, and other management considerations. (c) Rulemaking requirements. This paragraph applies only to a closure or restriction, or the termination or relaxation of such, which is of a nature, magnitude and duration that will result in a significant alteration in the public use pattern of the area; adversely affect the area's natural, aesthetic, scenic, or cultural values; or require a long-term modification in the resource management objectives of the area. Except in emergency situations, the closure or restriction, or the termination or relaxation of such, must be published as a rulemaking in the Federal Register. (d) Written determination. Except in emergency situations, prior to implementing or terminating a closure or restriction, the superintendent shall prepare a written determination justifying the action. That determination shall set forth the reasons the closure or restriction authorized by paragraph (a) of this section has been established. This determination will be posted on the NPS Web site at www.nps.gov. (e) Restrictions on taking fish or wildlife. (1) Except in emergencies, the NPS will consult with the State agency having responsibility over fishing, hunting, or trapping and provide an opportunity for public comment, including one or more public meetings near the affected NPS unit, prior to implementing a closure or restriction on taking fish or wildlife. (2) Emergency closures or restrictions may not exceed a period of 60 days and may not be extended without following the nonemergency procedures of this section. (f) Notice. A list of closures and restrictions will be compiled in writing and updated annually. The list will be posted on the NPS Web site at www.nps.gov and made available at park headquarters. Additional means of notice reasonably likely to inform residents in the affected vicinity will also be provided where available, such as: (1) Publication in a newspaper of general circulation in the State or in local newspapers; (2) Use of electronic media, such as the internet and email lists; (3) Radio broadcast; or (4) Posting of signs in the local vicinity. (g) Violating a closure or restriction is prohibited. While the website notes that &quot;Visitors should not consider firearms as protection from wildlife,&quot; this is advice, rather than a prohibition on using firearms in that fashion. It is a warning that firearms are a poor choice rather than a prohibition on using them for self-defense purposes. Also, if a use of firearms as self-defense against wildlife is determined to be unjustified, the park visitor might be charged with hunting without a permit. The state gun control laws in the pertinent states are summarized as follows (by the High County News newspaper) (apologies for the small print):
The Supreme Court considered and rejected some related interpretations in District of Columbia v. Heller, 554 U.S. 570 (2008). The entire opinion, and the dissents, are well worth reading, if you wish to get a clearer understanding of how the Court has most recently interpreted the Second Amendment. A few specific comments: "The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia" (p. 1). The Court does not agree that "militia" should be understood as synonymous with "National Guard": The “militia” comprised all males physically capable of acting in concert for the common defense. The Antifederalists feared that the Federal Government would disarm the people in order to disable this citizens’ militia, enabling a politicized standing army or a select militia to rule. The response was to deny Congress power to abridge the ancient right of individuals to keep and bear arms, so that the ideal of a citizens’ militia would be preserved. (p. 2) The Court, citing U.S. v. Miller, 307 U.S. 174, holds that the weapons protected are "those in common use for lawful purposes". There is some discussion on pages 55-56, in which the majority seems to explicitly deny that the Second Amendment grants a specific right to possess military weapons. Instead, they reason that historically "the militia" would have reported for duty with the sort of firearms they normally had at home, whether or not those were the preferred weapons for fighting a war, and so therefore the Second Amendment protects the right to bear "household" weapons, not military weapons. They seem to agree that laws banning "dangerous and unusual weapons" are constitutional, even if those weapons are in military use. They specifically mention M-16 rifles as a type of weapon that can be banned.
Transfer of Personal Property The question is: are you still the owner of the guitar or is your friend now the owner. If you gifted them the guitar, they are the owner. A gift requires: intention to transfer title (you had this), delivery of the property (this happened), acceptance of the delivery by the recipient (he took it). At first glance, the guitar is now his. The concept of a conditional gift is irrelevant once the transfer has taken place - it relates to the promise to gift in the future if some condition is met and, unlike a contract, is not binding. If you have a conditional gift you can decide not to give the gift up until you make the transfer - after that, the item is no longer yours. You are now trying to make out that the transfer was by operation of a contract. This seems unlikely - see What is a contract and what is required for them to be valid? In particular I doubt that there was an intention to create legal relations or that the agreement was sufficiently detailed - was he required to attend the class? complete the class? enroll in the class? something else? You may have been clear in your mind that the guitar was for the class - was he? Or did the conversation go like "I'm taking a guitar class.", "Cool, I have a guitar I can give you." Even if there was a contract and he broke it, you are not entitled to the guitar back. You are entitled to the damage that you suffered by him not completing the class. Presumably, this would be the cost of hiring a competent amateur guitarist to play for you a few times.
In the US, it is illegal to sell screwdrivers to Gaza without a license, see 31 CFR 595.409. There are numerous rules pertaining to the Palestinian Authority staring here. Dept. of State has a partial list of countries and their associated restrictions, if you want "like Gaza", and note that they warn you that this is not a complete list. If you are specifically interested in weapons-related restrictions, the US Munitions List is here. There is no generic "anti-drone" system, so you would have to look at the specifics of a system to see if it is on the restricted list, or not.
If both parties are legal, permanent residents of California, their marriage is recognized under Californian law no matter where it originated (provided that the marriage doesn’t violate Californian law, e.g. if Alice were a minor). Alice and Bob would file for divorce in California and the matter would be adjudicated under a Californian court and under Californian law. After these proceedings, Alice and Bob would still be married in Afghanistan (and maybe other foreign countries? That’s a tricky question, so if someone else can figure it out please leave a comment!) but the US would cease to recognize the marriage. In no case would either a Californian or Afghan court make a ruling under the other’s laws. As far as child custody, property, etc. the divorce would essentially proceed as a normal divorce case, although things could become complicated if Alice and Bob own property in Afghanistan, which would usually still be able to be appropriated by a Californian court but, once again, the matter is complex since Afghanistan still recognizes the marriage. As you can tell, a divorce of this nature is not as complicated as one might think, but nevertheless could create some complicated legal situations. Also, marriage is regulated state-by-state, so other states may have different rules regarding foreign marriages. As always, the best path of action is to consult an attorney who specializes in divorce. Edit: A commenter brought up the issue of whether California would recognize a marriage where both parties weren’t present. While this varies by state, California generally doesn’t allow so-called “proxy marriage” unless one of the parties is deployed in the military.