Posted on 04/10/2014 4:20:23 PM PDT by neverdem
F*** ‘em.
No compliance.
So the gun-registry thing is anitem in Obama’s budget? The same budget that got all of two votes in the House today? I wouldn’t worry about that thing ever becoming law.
Yes, much of that contains steel cores. And 7.62x39 pistols do exist. Hence this applies:
(B) The term “armor piercing ammunition” means—
(i) a projectile or projectile core which may be used in a handgun and which is constructed entirely (excluding the presence of traces of other substances) from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, or depleted uranium
We’ve known this one was coming for a long time. Just when.
Olympic Arms inadvertently initiated the issue, IIRC.
I will never, ever register a single firearm. I long ago stopped buying ammo and accessories with credit cards - cash only. I will fight to keep my rights. Trying to take my weapons is more than justification enough for me to use them.
1. Omnibus Crime Control and Safe Streets Act (1968): ATF Form 4473
The Form 4473 contains name, address, date of birth, government-issued photo ID, National Instant Criminal Background Check System (NICS) background check transaction number, make/model/serial number of the firearm, and a short federal affidavit stating that the purchaser is eligible to purchase firearms under federal law. Lying on this form is a felony and can be punished by up to 5 years in prison in addition to fines, even if the transaction is simply denied by the NICS, although prosecutions are rare in the absence of another felony committed with the gun purchased. The dealer also records all information from the Form 4473 into their "bound-book". A dealer must keep this on file at least 20 years and is required to surrender the log to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) upon retirement from the firearms business. The ATF is allowed to inspect, as well as request a copy of the Form 4473 from the dealer during the course of a criminal investigation. In addition, the sale of 2 or more handguns to a person in a 5 day period must be reported to ATF on Form 3310.4.
Given todays smart phone technology, seems to me it wouldn't be hard for ATF agents to scan all the forms at gun stores to create a permanent registry. Just have to have the will to ignore the law.
2. Brady Handgun Violence Prevention Act (1993)
The Brady Act requires that background checks be conducted on individuals before a firearm may be purchased from a federally licensed dealer, manufacturer or importer —unless an exception applies. It directed the Attorney General to create the National Instant Criminal Background Check System (NICS). In 1998, the 5-day waiting period for handgun sales was replaced by an instant computerized background check that involved no waiting periods, although many states continue to mandate state run background checks before a gun dealer may transfer a firearm to a buyer.
3. Tiahrt Amendments (since 2003)
The Tiahrt Amendment prohibits the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from releasing information from its firearms trace database to anyone other than a law enforcement agency or prosecutor in connection with a criminal investigation. Additionally, any data so released is inadmissible in a civil lawsuit. Some groups, including the Mayors Against Illegal Guns Coalition, believe that having further access to the ATF database would help municipal police departments track down sellers of illegal guns and curb crime. These groups are trying to undo the Tiahrt Amendment. Numerous police organizations oppose the Tiahrt Amendment, such as the Major Cities Chiefs Association (MCCA) and the International Association of Chiefs of Police (IACP). Conversely, the Tiahrt Amendment is supported by the National Rifle Association, and the Fraternal Order of Police (although it allows municipal police departments only limited access to ATF trace data in any criminal investigation).
The Tiahrt Amendments require the FBI to destroy all approved gun purchaser records within 24 hours of approval - NICS, not Form 4473.
Makes you wonder how a presidential EO could get around the Tiahrt Amendment.
F’em.
Remember FIST?
Any bets they are much more organized when it is time to come after us than they ever were in going after illegals?
It Is Revealed That Under NY SAFE Act Guns Can be Confiscated Without Warrant or Review
April 10 2014
by Dan Cannon
Share This Post
ny new york flagNew York’s gun control package that passed under the cover of night following the Sandy Hook shootings keeps revealing itself to be an even bigger turd than anyone ever thought possible.
According to the Washington Free Beacon, a new lawsuit alleges that “under NY law guns can be seized without warrant or review.” The report goes into more detail,
Under the SAFE Act, the New York Department of Criminal Justice (NYDCJ), the overseer of the database, may declare a person ineligible to own or possess a weapon without any type of judicial process.
Furthermore, the suit argues that if the NYDCJ declares a person ineligible, “such a determination makes the person vulnerable to imminent seizure of all weapons, without a hearing or even an arrest warrant.”
The attorneys indicate the state is creating a separate database from the federal NICS database but does not have the NICS protections, such as an appeals process. Their website details all the differences between the state and federal database.
Definitely a disturbing process. It’s no wonder that it is widely thought New York residents will most likely refuse to adhere to the state’s new registration requirements (deadline later this month).
The suit alleges that the process, as outlined, could result in both Second and Fourth Amendment rights violations without due process.
The law firm handling the suit has placed the documents relating to the case online at their website.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.