Gun-shop owner loses suit to keep sales private

The Virginian-Pilot ^ | September 20, 2002 | By TIM MCGLONE

[SWO]

See also Gun shop owner sues ATF @ http://www.freerepublic.com/focus/news/583556/posts. And Gun shop owner sues ATF over reports @ http://www.freerepublic.com/focus/news/584349/posts.

"Federal Judge Henry C. Morgan Jr. said in Tuesday's decision that the amount of information sought by the ATF was so minuscule that it would not create a federal registry, which Congress has strictly forbidden."

You really don't know what to say here. You could try Humor; A minuscule "list" is not equal to a "registry". Therefore; 'Close enough' to no longer than 18 inches of barrel would be OK as it doesn't constitute ‘sawn off'. How about this " It's only a minuscule number of rounds greater in capacity than 10! It's not so many as to constitute actual "High Capacity".

(Anyone else?)

Seriously though, if taken to the legal definitional extreme [a place we go way too often these days] any listing consisting of less than each and every gun in the United States is not a complete registry, which by definition would list them all. So anything less is legal in spite of this clearly written law, or at least that's what this judge's decision seems to imply. You would think though the ATF would be a little embarrassed. Instead they risked being overruled, if they had gone before a literate judge. Wouldn’t it have been better to just let this one shop slide?

Perhaps the most depressing thing of all here is that apparently this shop owner is the only one to challenge the ‘request’

[thegreatbeast]

Yeah, this is really crossing the (one of the final) line(s). That this dealer is spending the money it must take to litigate against the gov't is above and beyond the call of duty.
Pleas keep us posted on this. Thanks.

[watcher1]

The case is being watched closely across the nation by advocates in the fight against gun violence,

You mean treasonous gun grabbing liberals

[Free the USA]

Index Bump

[watcher1]

Justice Department lawyers declined to comment Wednesday.

That's the same Justice Department run by John Ashcroft.
How disappointing

[Lurker]

Meet the new boss....same as the old boss.

L

[watcher1]

I was singing that tune as I typed my first comments
I don't know about you, but I'm getting very, very, tired of it

[Grut]

That's the same Justice Department run by John Ashcroft.

Ashcroft respects our gun rights like Bubba feels our pain.

[watcher1]

Ashcroft respects our gun rights like Bubba feels our pain.

It's looking that way isin't it?

[spunkets]

"(Anyone else?)"

But your honor! I was only going a little over the speed limit.

[SWO]

Bang

[nravoter]

According to the ATF, Marcus' shop and 430 other dealers throughout the country were singled out because they had sold 10 or more guns used in a crime within three years of purchase.

The ATF easily can trace a gun from the manufacturer to the first retail seller to the first buyer. Second-hand sales are much more difficult to trace unless the agency knows where to look among the nation's 100,000 gun dealers.

If it's so hard to trace that they need to compile a registry (sorry, a "list"), how were they able to trace at least 4,300 guns to 430 stores without a list?

[bat-boy]

Depressing.

I've been debating on opening up a gunsmith/retail shop in my town. The last guy that did was in business 35 years and died recently.

After reading this, as well as other articles, I'm not too sure I want the hassle.

[Stew Padasso]

bookmarked

[AAABEST]

Disgusted carnivore bump.

[Squantos]

Sadly it has come to this . You run the same risk running a business within the law as you do outside of the laws. BatFags be damned.........

Stay Safe !

[wardaddy]

Somehow I'm not suprised. Bush has really sent out mixed signals on this issue. First Ashcroft asks local authorities to purge their purchase files as the Brady Bill required as written, then they claim the 2nd amendment means private ownership and not strict militia ordnance but then they challenge the DC challenge and we have the Mexican bullets case. I know it would be worse under Spotted Al and I'm grateful for that but I would prefer some uniformity and purpose here in our direction.

[bat-boy]

I just can't help but wonder how long people are going to keep putting up with this type of crap without resorting to violence against the guvment. Not just with this issue, but with everything.

[wardaddy]

They come door to door for our weapons of protection and I guess we'll just all have to see. In the meantime, they are coming thru the backdoor. Give them time and if thy enforce all the gun laws they keep piling on and we'll all be dead or in jail anyhow. I think that is the plan.

Don't believe the Dems on Dove Hunts....we know they want our guns. The Pubbies...at least most of them are less enthusiastic.

[bat-boy]

The Pubbies...at least most of them are less enthusiastic.

For now anyway. They'll turn against us in a heartbeat if it will keep them in power.