damnum absque injuria

7/19/2004

Thought Experiment

Filed under:   by Xrlq @ 11:08 pm

Suppose you read the following in a newspaper editorial in the Arizona Republic:

If the federal ban on law darts should expire, Arizona’s ban on lawn darts would stay in effect. But there would be no bar against Arizonans buying these dangerous toys in New Mexico or elsewhere.

Fast forward two months. The federal law in question has now lapsed, and New Mexico has not enacted a ban of its own. Based on what you read two months ago in the Arizona Republic, which of the following would you assume is true, if any?

  1. Arizona residents may legally purchase lawn darts in other states, and bring them home for any purpose except retail sale.
  2. Arizona residents may legally purchase lawn darts in other states, and may bring them home for private use only.
  3. Arizonans may legally purchase lawn darts in other states if they want, but if they do, they’ll have to leave them there. They can’t bring them back to Arizona.
  4. Arizonans cannot legally purchase lawn darts anywhere in the United States. As a practical matter, though, they can, since anyone can walk into any store in New Mexico and buy as many lawn darts as he can afford. No salesman in New Mexico will know, much less care, that the purchaser is from Arizona.
  5. Arizonans cannot legally purchase lawn darts anywhere in the United States. To do so illegally, they’ll either have to resort to the black market, or fool some other state into issuing them a driver license or state ID to “prove” that they live there.

For best results, think of your answer first, before looking at the explanation below.

The answer, if you write for the L.A. Times, is #5. Below is the response I received today from the Readers’ Newspaper’s Represenative of the L.A. Dog Trainer over last week’s false claim that there is “no bar” to Californians purchasing “assault” weapons in other states:

Thanks for writing.

One of the editors who oversaw “Reload the Assault Gun Ban” says it didn’t mean to imply that it necessarily would be legal to obtain those weapons in Nevada, only that there would be “no bar” to Californians attempting to to do. I’m told that the guns can be obtained by providing an address–and it doesn’t necessarily have to be a permanent address.

Kent Zelas
Asst. Readers’ Representative

Got that? Mr. Zelas is “told” (incorrectly, I might add) that merely dropping a temporary address to a gun dealer with an address is enough to allow you to buy a gun in Nevada that is banned as an “assault” weapon in California. Go ahead, try it. I dare you. Don’t forget your toothbrush.

If you agree with Mr. Zelas’s explanation of the “no bar” editorial, be sure to drop him a line complimenting him on his brilliant analysis. If you don’t, well…

Cross-posted, in a different form, at Oh, That Liberal Media.

2 Responses to “Thought Experiment”

  1. SayUncle Says:

    I have some pre-ban jarts! :smile:

  2. Mike Says:

    “law darts” - now there’s an interesting concept.

    Maybe they’d be like the magic stock-picking darts the “insiders” use. You’d throw them at your law library to come up with creative citations.

 

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