Cabela's Sued

How is it a loser?

They failed to do a background check per state law. Seems a slam dunk to me.

Except if the purchase was out of state then it seems to me it would be a loss.
 

drhunter1

Senior Member
How is it a loser?

They failed to do a background check per state law. Seems a slam dunk to me.

Except if the purchase was out of state then it seems to me it would be a loss.
Black powder does not require a federal background check to my knowledge
 

Robert28

Senior Member
We will all end up suffering because Ohio has a stupid law, you watch. Cap and ball used to be able to be sent right to your home but now I bet we will have to jump through hoops just to obtain those.
 
How is it a loser?

They failed to do a background check per state law. Seems a slam dunk to me.

Except if the purchase was out of state then it seems to me it would be a loss.
which state did he buy the gun from? there is not a federal law that requires a background check. He could have ordered the gun over the phone from Cabela's in Georgia and had it shipped there. Which state law would then apply? Or he could have ordered it from Indiana, which law would then apply?

Not so cut and dried, as I see it
 

Robert28

Senior Member
I hope they rule in favor of Cabelas because that would open the door to changing some of these stupid state gun laws that are more strict than federal law.
 
The background check is federal law and supersedes any state law. Federal law does not require a background checks for BP firearms.
IF the sale was within the state then STATE law as well as FEDERAL law must be obeyed. IF it was an interstate sale then FEDERAL LAW applies and the state law doesn't.
 

shdw633

Senior Member
IF the sale was within the state then STATE law as well as FEDERAL law must be obeyed. IF it was an interstate sale then FEDERAL LAW applies and the state law doesn't.
Since the order was placed over the phone I am sure Cabelas will argue that the sale was through it's main facility in a state that does not require background checks and as such it does not have to perform them for phone orders due to Federal law. Had he walked into the Cabelas located in Ohio and bought the pistol there may have been a case but since he bought it over the phone I don't think Cabelas will lose in this one.
 
Since the order was placed over the phone I am sure Cabelas will argue that the sale was through it's main facility in a state that does not require background checks and as such it does not have to perform them for phone orders due to Federal law. Had he walked into the Cabelas located in Ohio and bought the pistol there may have been a case but since he bought it over the phone I don't think Cabelas will lose in this one.
It all hinges on which state the transaction was made in.
 

NOYDB

Senior Member
Bought the gun in Dec of 2014 and then the reloading kit in July of 2016. Cabelas should have KNOWN , that a one year wait was reason to be suspicious.
 

drhunter1

Senior Member
Where in Ohio state statute does it specifically state that before a purchase of a black powder rifle one must have a federal background check through the ATF which doesn't require it itself?

I couldn't find it.
 
Haven't gone thru Ohio gun law but I understand that Ohio treats even antique firearms the same as modern firearms. That may mean the Federal Background check is done thru some arrangemment with the Federal Govt or they may do a state run background check.
 
Haven't gone thru Ohio gun law but I understand that Ohio treats even antique firearms the same as modern firearms. That may mean the Federal Background check is done thru some arrangemment with the Federal Govt or they may do a state run background check.
I think the argument was over Federal law. They do not require background check for BP. I dont think a state can tell the fed to enforce a law that is not on the book in a state.
 
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