Massachusetts has some pretty extensive gun control laws. They have just about everything your average anti-gunner could want, including a lot of laws that simply wouldn’t pass at the federal level.
Most of those laws are meant to stop guns from getting into the wrong hands. They try to control the sale of guns in an effort to keep criminals disarmed.
It doesn’t work, of course, and a recent arrest highlights that beautifully.
James McNulty, 59, was indicted on one count of dealing in firearms without a license. McNulty was released on conditions following an initial appearance this afternoon before U.S. District Court Magistrate Judge Jennifer C. Boal.
According to the indictment, between around January 2021 to April 2021, McNulty offered for sale and sold at least 55 firearms on Cape Cod. McNulty does not possess a license to import, manufacture, or deal firearms.
The charge of dealing in firearms without a license provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
UNPOSSIBLE! Massachusetts’ gun control laws prevent that from happening, or so I’ve been told repeatedly.
Now, McNulty has a couple of things working in his favor.
One of those is that the ATF has never really defined at what point you’re classified as a dealer. While he’s accused of selling a whole lot of guns, he could make the argument that he was just liquidating his collection.
The second thing working for him is that the sales were in the span of a few months, which would fit such a claim.
However, that wouldn’t get McNulty out of a jam. Remember those state laws I mentioned? If these sales occurred, they likely violated state law. Did he make sure the buyer had a Firearm Identification card? Did McNulty verify that card with the state?
If he did, he likely has nothing to worry about on that front.
But he’s still facing federal gun charges in Massachusetts. That’s not likely to work out well for him, even if he really didn’t do anything wrong. The anti-Second Amendment bias is so strong there that it’s unlikely he’ll get a fair trial free from bias.
Ironic for a state that kicked off the American Revolution when the British came to take their weapons, yet here we are.
Whether McNulty broke federal laws or not, this should raise eyebrows all over the nation. If gun control works, how did he manage to do what he did? If he did nothing wrong, then how can someone face legal consequences for doing something that wasn’t illegal?
I mean, it’s not like they pegged him for a murder he didn’t commit. I mean, murder’s illegal, they just got the wrong guy.
If McNulty is just some guy liquidating a gun collection, he shouldn’t be jammed up over something like this and it’s proof that gun control laws don’t work as advertised. If he’s not, then it’s proof gun control laws don’t work as advertised.