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GOA - Fight Gun Registration Provisions in PATRIOT Act
EMail ^ | 12-21-2005 | Gun Owners of America

Posted on 12/21/2005 8:39:03 AM PST by jmc813

Twice, the leadership in the U.S. Senate has tried to run H.R. 3199 up "the hill." Twice it has failed.

On Friday, supporters of the bill failed to garner the 60 votes needed to stop the filibuster of the PATRIOT conference report. The final vote was 52-47.

At issue for gun owners is a provision that would allow the FBI to obtain "firearms sales records." The bill extends Section 215 of the PATRIOT Act and allows agents of the federal government to get "firearms sales records" which, in their opinion, are relevant to investigating terrorism.

These records would be obtained from gun dealers, who are required by law to keep the gun purchase records (4473 forms). Thus, an anti-gun administration could then easily compile gun owner registration lists -- an enterprise which has often been a prelude to gun confiscation.

Congressmen on both sides of the fence made reference to GOA's concerns last week when the House considered the latest version of H.R. 3199.

During the debate, Rep. Dana Rohrabacher (R-CA) stated that people "should take note of what is happening here because the expanded police powers of the Federal Government will be used against them. Our Second Amendment friends already understand that...."

And Rep. Bernie Sanders (I-VT) challenged House Republicans to consider whether they are really comfortable with "allowing the FBI to access Americans' reading records, GUN RECORDS, medical records and financial records without judicial approval; [or] allowing the FBI to search someone's home without probable cause and without telling that person about the search."

In the Senate, Larry Craig (R-ID) and Russ Feingold (D-WI) led the opposition to the latest version of the bill. If a compromise is not reached, 16 provisions of the bill will expire on December 31 -- provisions that include the Section 215 "gun registration" language.

Much has been made of the expiration date later this month. People should understand that only 16 provisions of the original PATRIOT Act will expire on New Year's -- and these provisions are some of the most controversial ones in the original act, as they affect the Fourth Amendment protections that American citizens enjoy.

REGISTRATION OF GUN OWNERS

H.R. 3199 would extend provisions which the FBI claims would allow it to seize 4473 forms, without the approval of any judge.

This runs contrary to the protections that were gained in the Firearms Owners Protection Act of 1986, when it prohibited the establishment of any registration system with respect to firearms [18 USC 926(a)(3)]. It is also significant to note that federal code bans inspections of gun dealers records, excluding four, narrowly tailored exceptions [18 USC 923(g)(1)(b)]. Those exceptions are absent with regard to the FBI's current practice of soliciting 4473 forms under the PATRIOT Act.

The protections that were won during the McClure-Volkmer battle took years to achieve, and it would be a shame to see those protections superseded by another enactment of gun control -- all in the vain hope that gun owners' purchase records can somehow help authorities curb terrorism. (Gun registration certainly hasn't worked to curb crime in any of the states or localities that have implemented it.)

For this reason, Gun Owners of America has told Senators that we would like to see serious reforms in this bill, including language which further restricts the ability of a future, anti-gun administration to muster a gun owner registration list.

The status of H.R. 3199 is unclear at this time. But it is more than likely that the Senate will hold another vote later this week.

ACTION: Please contact your two Senators and urge them to vote against the House-Senate conference report on H.R. 3199, unless gun records are removed from the records which can be demanded under Section 215 of the PATRIOT Act.

You can visit the Gun Owners Legislative Action Center at http://www.gunowners.org/activism.htm to send your Senators a pre-written e-mail message such as the one below.

-----Pre-written letter-----

Dear Senator:

Please vote against the current version of the PATRIOT reauthorization bill (HR 3199) because it would extend provisions which the FBI claims would allow it to seize 4473 forms, without the approval of any judge.

This runs contrary to the protections that were gained in the Firearms Owners Protection Act of 1986, when it prohibited the establishment of any registration system with respect to firearms [see 18 USC 926(a)(3)]. It is also significant to note that the law bans inspections of gun dealers records, excluding four, narrowly tailored exceptions [18 USC 923(g)(1)(b)]. Those exceptions are absent with regard to the FBI's current practice of soliciting 4473 forms under the PATRIOT Act.

You are certainly familiar with the rule of construction that deems more recent legislation to trump older legislation when there is a clear conflict between the two. The protections that were won during the McClure-Volkmer battle took years to achieve, and it would be a shame to see those protections superseded by another enactment of gun control -- all in the vain hope that gun owners' purchase records can somehow help authorities curb terrorism. (Gun registration certainly hasn't worked to curb crime in any of the states or localities that have implemented it.)

It is imperative that H.R. 3199 be amended to protect gun owner rights.

Please vote against cloture on H.R. 3199, unless gun records are removed from the records which can be demanded under Section 215 of the PATRIOT Act -- a move which would return the McClure-Volkmer protections as the operative law concerning when and where gun records can be demanded.

Thank you.

Sincerely,


TOPICS: Constitution/Conservatism; Government; Politics/Elections
KEYWORDS: 109th; banglist; craig; goa; idaho; larrycraig; patriotact
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To: lugsoul
It is a conundrum, though.

I do want this government to go after terrorists, here and abroad.

And, also safeguard our gun rights. What to do?
21 posted on 12/21/2005 9:10:17 AM PST by aligncare (I used to think the Democrats were just wrong...Now, I know better.)
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To: jmc813

BTTT

The 2nd Amendment is Homeland Security.


22 posted on 12/21/2005 9:11:13 AM PST by Badray (Limited constitutional government means protection for all, but favor for none.)
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To: antiRepublicrat

'Cheeleaders' bump


23 posted on 12/21/2005 9:11:26 AM PST by don asmussen
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To: aligncare
There is no conundrum. I want the government to go after murderers, too. And rapists. But we don't have any problem doing so within the confines of Constitutional liberty.

Many have claimed that the 'terrorists want to destroy our freedoms.' Doing it for them is not a sound strategy for victory.

24 posted on 12/21/2005 9:12:42 AM PST by lugsoul ("Try not to be sad." - Laura Bush)
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To: lugsoul
Sure they can't.

My carrier doesn't have the capability of supporting a tap right now. They will eventually, which I of course don't mind since I have no problem with duly issued search warrants. Whoops, they don't need warrants anymore. I guess I do have a problem.

you are an Agent of a Foreign Power, that you are a terrorist supporter

Cool, now I can be searched without a warrant "disappeared" at the whim of the executive with no legal recourse. My constitutional rights have simply been redefined away.

Not to invoke Godwin's here, but that mindset is often used during genocide. Average folk can have a problem with the murder of people. But murder gets easier to stomach if you redefine the others as somehow less than human.

25 posted on 12/21/2005 9:14:04 AM PST by antiRepublicrat
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To: B Knotts
The current bill, as amended, has all kinds of crap in it that has nothing whatsoever to do with protecting us from terrorists.

Despite the acronym, it's been quite clear from the start that the PATRIOT Act is to be used & is meant for a variety of crime-fighting besides terrorism.

Which precisely why it's been used for drug crimes, gambling, prostitution, etc.

26 posted on 12/21/2005 9:15:27 AM PST by gdani
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To: Blood of Tyrants
This is just another poison pill

Going with that thinking, the Act has so many poison pills in it that it should be dead by now.

27 posted on 12/21/2005 9:16:36 AM PST by antiRepublicrat
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To: antiRepublicrat
I wonder what the Patriot Act cheerleaders think about this one. They're only looking for terrorists, so we should just accept this, right?

Of course. The dumbass Republicans Against Liberty are in charge, and it's your job to take it, citizen. After all, look what Republicans did to the First Amendment.

28 posted on 12/21/2005 9:23:45 AM PST by Hank Rearden (Never allow anyone who could only get a government job attempt to tell you how to run your life.)
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To: Hank Rearden
The dumbass Republicans Against Liberty are in charge, and it's your job to take it, citizen. After all, look what Republicans did to the First Amendment.

No way, Campaign Finance Reform was completely constitutional and necessary to preserve the integrity and fairness of our system.

 

Excuse me, I think I have to go hurl now. That was too much sarcasm even for me.

29 posted on 12/21/2005 9:26:06 AM PST by antiRepublicrat
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To: B Knotts
Do we want Democrats to have that kind of power to abuse someday?

LOL. Ya. I feel much better with republicans being able to abuse my rights than democrats.

30 posted on 12/21/2005 9:30:31 AM PST by zeugma (Warning: Self-referential object does not reference itself.)
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To: antiRepublicrat
"Actually, yes. I like contacting them, and have done so several times over the past few years on issues. I even called the office a bunch of times. I plan to schedule a sit-down chat one of these days."


I do the same. I believe, though they send nice little (standard) replies back, they hate to be bothered.

I wish us well, but I remain locked and loaded.

Old age paranoia, I fear. ;)






31 posted on 12/21/2005 9:33:22 AM PST by G.Mason (Others have died for my freedom; now this is my mark ... Marine Corporal Jeffrey Starr, KIA 04-30-05)
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To: antiRepublicrat

Warrants shouldn't be needed .... because it is for the good of the nation and it fight terrorism. /dripping raw sarcasm!


32 posted on 12/21/2005 9:33:29 AM PST by B4Ranch (No expiration date is on the Oath to protect America from all enemies, foreign and domestic.)
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To: antiRepublicrat

Yep, the ATF doesn't need a warrant either.


33 posted on 12/21/2005 9:34:35 AM PST by Tarpon
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To: antiRepublicrat
"without the approval of any judge. "

I think they shouldn't lie for one thing.

"...Upon an application made pursuant to this section, if the judge finds that the application meets the requirements of subsections (a) and (b), ..."

If the mindless PA haters had any concern for facts they may also mention that
"(f)(1) A person receiving an order to produce any tangible thing under this section may challenge the legality of that order by filing a petition with the pool established by section 103(e)(1). "

They may also mention that
"In April of each year, the Attorney General shall submit to the House and Senate Committees on the Judiciary and the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence a report setting forth with respect to the preceding calendar year';... `(3) the number of such orders either granted, modified, or denied for the production of each of the following:
`(A) Library circulation records, library patron lists, book sales records, or book customer lists.
`(B) Firearms sales records."

But why provide the sheep with facts?

34 posted on 12/21/2005 9:35:36 AM PST by mrsmith
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To: lugsoul
I want the government to go after murderers, too. And rapists. But we don't have any problem doing so within the confines of Constitutional liberty...

Just a query then: Is intercepting the US end of an international phone call between suspected terrorists a problem for you? If so, it would seem on it's face that you want to tie the hands of the good guys (America), while we are at war with a determined enemy, a brutal enemy that targets civilians, in an unconventional war. Did I mischaracterise the issue?

35 posted on 12/21/2005 9:35:41 AM PST by aligncare (I used to think the Democrats were just wrong...Now, I know better.)
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To: Lazamataz

Did you see this?


36 posted on 12/21/2005 9:36:14 AM PST by houeto (Mr. President, close our borders now!)
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To: LiteKeeper; Wasanother; MNJohnnie; MikeA

Come on over and convince us why we should vote for the Patriot Act. Would you try a tact other than a Republican president is wanting us to.


37 posted on 12/21/2005 9:37:16 AM PST by B4Ranch (No expiration date is on the Oath to protect America from all enemies, foreign and domestic.)
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To: B4Ranch
Just because other people agree with stupidity does not make it any less stupid. Paranoid delusions by the Afraid of their own Shadows Caucus are still paranoid delusions.
38 posted on 12/21/2005 9:40:11 AM PST by MNJohnnie (We do not create terrorism by fighting the terrorists. We invite terrorism by ignoring them.--GWBush)
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To: G.Mason
I do the same. I believe, though they send nice little (standard) replies back, they hate to be bothered.

Many times, I get no response at all.

39 posted on 12/21/2005 9:42:00 AM PST by houeto (Mr. President, close our borders now!)
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To: B4Ranch
I'm sorry. I just don't see how judges are any more protective of liberties. Catch any Ninth Circuit decisions lately?

I believe my government is part of American society and wishes to fight those who would harm us. Spy on us? To what conspiratorial purpose?

40 posted on 12/21/2005 9:42:35 AM PST by aligncare (I used to think the Democrats were just wrong...Now, I know better.)
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