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| Shotgun Incident Worsens for Kerry |
| Sep. 18, 2004 |
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New legal research by gun-law expert Alan Korwin indicates that merely
accepting a gift shotgun from a private party out of his home state
would be a five-year federal felony for Massachusetts Senator John
Kerry, the Democratic candidate for President [see United States Code,
section 922(a)(9)]. Giving him the gun would also be a felony
[922(a)(5)].
National news reports picture Kerry proudly holding the gift in
Racine, West Virginia, during a Labor Day celebration. Bringing the gun
back to his home state would be an additional five-year federal felony,
under the massive and bewildering federal gun laws, as previously
reported by Bloomfield Press.
The shotgun, identified in published reports as a semiautomatic
Browning, was actually a semiautomatic Remington model 11-87. News
reports suggesting it was a gift from Remington would be an illegal
donation from a corporation to a candidate, and the value of the shotgun
would exceed campaign donation limits as well.
In a statement published in Gun Week, Remington CEO Tommy Millner
denied any involvement with the gift, saying, "Rest assured, we
were neither aware of this presentation in advance nor in any way
supportive of its intent to support Senator Kerry. In fact, the Company
remains amused by ongoing photos of Senator Kerry shooting without
either ear or eye protection while discharging a firearm."
Reportedly outraged at the implication of an illegal gift,
Remington rushed the release a public statement denying any association
with the gift, saying, "Remington Arms Company has made no
endorsement of any presidential candidate. This endorsement and
presentation by the UMWA was made independently of the Remington Arms
Company and the Company did not coordinate with or endorse the actions
of the union."
A local of United Mine Workers of America (UMWA) represents
workers at the Remington plant in New York where the highly regarded
shotguns are made. UMWA President Cecil E. Roberts presented the gift
according to Gun Week.
The greatest news error however appears to be that Mr. Kerry may
have not accepted this gift, despite so many reports to the contrary,
which cast the Senator as a pro-gun politician.
Reporter Matt Drudge had previously noted that Kerry introduced a
bill which would have outlawed this particular sporting shotgun, because
it is semi-automatic and has "any characteristic that can function
as a grip."
Dave Workman, senior editor at Gun Week, contacted Washington,
D.C.-based Kerry campaign spokeswoman Kathy Roeder, who said the shotgun
was, "returned to the person who bought it," and that the gun
is still in West Virginia. This reportedly took place immediately after
all the photographs were taken of the Senator holding the gun. The
actual current location of the shotgun is not known.
According to Workman's report in Gun Week, "Roeder
acknowledged that Kerry could not legally have accepted the shotgun and
taken it with him, anyway, under existing gun-control laws." It is
not clear whether Roeder and the Kerry campaign were aware of this when
the stories of the gift and photos were taken and widely circulated.
Questions as to Kerry's intent, in leading the media to believe he
was in fact a gun supporter, by smiling and gladly receiving the shotgun
gift, are unresolved as this Bloomfield Press news release was posted.
This places many news outlets in a difficult position. If they all
retract their stories that Kerry accepted this gift, it will harm the
image they conveyed of Kerry as a gun-friendly candidate, seen as
necessary to win states like West Virginia. Al Gore lost largely
democratic West Virginia (and Tennessee and Arkansas) in 2000 due to the
gun issue, according to many observers.
News outlets are known to sometimes be reluctant to retract
stories. If the media refuses to retract the stories, or if the Kerry
campaign fails to issue a correction, then all the published articles
and photos stand as evidence that the candidate committed the felony
offense. Additional information is posted at the Bloomfield Press
website, gunlaws.com, under the blue News Accuracy button.
In an effort to help smooth the waters, nearly 3,000 news outlets
nationwide are being notified of this situation by Bloomfield Press. The
public is encouraged to send this report to their local newspapers and
broadcasters. It is hoped that the media will contact Kerry directly,
and either retract the story, or confirm their account. Did John Kerry,
in fact, receive a gift of a fine Remington shotgun?
If Kerry did accept the gift as widely reported, and as a legal
matter, his transfer of it back to an unidentified person in West
Virginia, without involvement of a licensed dealer, an FBI background
check, and with no paper trail, may also be a felony.
Gun-law expert Korwin is again calling for calm, as these
unbelievably confusing laws are sorted out, so the democratic candidate
for president can continue his effort to attain the highest office in
the land.
"Again, I implore the public to have patience. If the
democratic candidate for president cannot figure out the gun laws, how
on earth could mere gun owners be expected to do the same. Kerry
deserves the same leniency we would all expect to receive. This is
America, where we're all treated equally under the long arms of the
law."
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