Posted on 04/10/2014 4:20:23 PM PDT by neverdem
Last Friday, Attorney General Eric Holder testified before a House appropriations subcommittee on behalf of his department's proposed budget for FY2015.
Apparently, Holder didn't think anyone would read his written submission, because he all-but-admitted that Obama intends to implement a Universal Gun Registry by executive fiat.
He also asked Congress to help fund so-called “smart gun” technology, which would prevent a gun from firing unless the shooter is wearing an accompanying bracelet or ring.
“Smart guns” are a dumb idea
Given that “smart gun” technology only works about 80 percent of the time -- according to the New Jersey Institute of Technology -- gun owners almost universally consider this a “dumb” idea.
Even police have rejected the “dumb gun” approach for themselves.
Currently, there are no such guns on the market in the United States. One gun store did briefly offer an Armatix .22 caliber earlier this year, but public outrage forced them to pull the handgun from the shelves.
Holder pushes a Universal Gun Registry
This year’s Obama budget shows how the administration is trying to quietly create the infrastructure for a universal gun registry.
In proposed “Program Increases” for the FBI, Holder has this to say:
“This program enhancement will double the capacity of the existing NICS [National Instant Check System] system. These expansions are vital in ensuring that the NICS system can support a Universal Background Check requirement, which is expected to double gross NICS transactions.”
Huh?
It may have escaped the Attorney General's notice, but the Democrat Senate defeated his Universal Background Check requirement.
So, in effect, Holder's asking for $100 million and 524 personnel to implement a program Congress rejected.
But that's not all.
Holder seeking more ATF agents to copy to 4473 forms
In the section on ATF “Program Increases,” Holder demands $51.1 million and 255 agents and other personnel for enforcement and inspections.
In case anyone has forgotten, these are the people who are going to the FFL's in connection with “annual inspections” -- and physically copying all the 4473's and bound book entries. GOA has reported on these efforts before, and one can read first-hand accounts from gun dealers here and here.
So under Holder's proposed budget, many more 4473's would be copied and fed into ATF's de facto registry.
At the same time, Obama's illegal Universal Background Check -- implemented, presumably, by executive fiat -- would ensure every gun transaction would have to go through an FFL. And this, of course, would guarantee that every American gun owner would have a 4473 which can be copied.
Think about it. With Republicans expected to take the Senate this fall -- and Obama stymied legislatively -- he has every incentive to go "full tyrant." And that, apparently, is exactly what he intends to do.
But we have no intention to sit back and let Holder take away our Second Amendment rights. We have drafted legislation to prohibit ATF from copying 4473's -- and to require it to destroy any 4473's it currently has.
UPDATE: GOA recently alerted you that an import ban on certain ammunition could be forthcoming from the ATF. Well, it’s official now -- the ATF just declared that Russian-made 7N6 5.45x39 ammo is armor piercing. This lawlessness represents another reason that Congress needs to cut the ATF’s budget.
ACTION: Contact your Representative. Demand that the Commerce-Justice-Science appropriations bill contain language to prohibit ATF from compiling a national gun registry by copying and retaining the 4473's of every American.
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
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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.
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