Posted on 03/08/2021 11:26:08 AM PST by Brian Griffin
I believe the Brady Act violates "the right of the people to be secure in their...personal effects, against unreasonable...seizures" and therefore the sponsor of the Act then Representative Charles Schumer and then Senator Joseph R. Biden who voted it into federal law were in Amendment XIV Section 3 "rebellion" against the Constitution of the United States.
I also believe that Charles Schumer and Joseph R. Biden lost their privileges to hold "any office, civil or military, under the United States, or under any state" for their Brady Act related actions (and their notoriously hostile attitudes towards the right of the people to possess and bear guns as envisioned by Amendment II and such possession meant to be secured by Amendment IV).
Since the federal court system has well-established Amendment XIV Section 1 enforcement power, I further believe that the federal court system should be able to decide if and when government officers such as Biden and Schumer have been in Amendment XIV Section 3 "rebellion" against the Constitution of the United States.
A Congressional summary of the Brady Act is available via:
https://www.congress.gov/bill/103rd-congress/house-bill/1025
That Congressional summary states that the Brady Act "Requires the destruction of records pertaining to any transfer to an eligible individual." Note that it does not state all records.
The Act itself states that:
"(2) If receipt of a firearm would not violate section 922 (g) or (n) or State law, the system shall—
"(C) destroy all records of the system with respect to the call (other than the identifying number and the date the number was assigned) and all records of the system relating to the person or the transfer."
https://www.congress.gov/103/statute/STATUTE-107/STATUTE-107-Pg1536.pdf
By "the system" in "destroy all records of the system", the Brady Act almost certainly means "the national instant criminal background check system" alone.
The national instant criminal background check system is meant to rely on other criminal background check systems, federal, state and local.
Destroying "all records" of other criminal background check systems, federal, state and local, "relating to the person" simply upon a request of the national instant criminal background check system is not clearly required by the Brady Act and would clearly be absurd.
It is quite likely that previously existing criminal background check systems timestamped query requests by requestor. If Big City police officers stopped Mr. Suspicious three times over five days and made a total of six criminal background check system inquiries to their local and state systems, all six inquiries probably would be automatically noted by their systems by requestor/time/date (and even police car GPS information) without overburdened police officers having to do unnecessary work.
The Brady Act states that:
"(B) Except in the case of forms and contents thereof regarding a purchaser
who is prohibited by subsection (g) or (n) of section 922 of this title from receipt of a firearm,
the department of State police or State law enforcement agency or local law enforcement agency of the local jurisdiction
shall not disclose any such form or the contents thereof to any person or entity, and shall destroy each such form and any record of the contents thereof no more than 20 days from the date such form is received."
It is not clear to me that mere state and local database access timestamping of Brady Act requests are illegal under the Brady Act since all that might be added to the state and local records would be their customary and usual timestamp, which federal power probably can’t bar from being placed in a customary manner just as the federal government can't require state governments to participate in PPACA Medicaid expansion. The state and local records already have the person's name and timestamp information doesn't come off the form.
Mr. Upstanding Gunbuyer is highly unlikely to have had negative interaction with the police that would require any criminal background check whatsoever. Therefore, any state/local criminal background check on Mr. Upstanding Gunbuyer and resulting timestamping is quite likely to be gun purchase related. State or local criminal background check timestamp on an upstanding citizen during normal government business hours is even more likely to be gun purchase related.
The state and local criminal background check system timestamps related to Mr. Upstanding Gunbuyer could be correlated to his banking information, such as a withdrawal of $600 in cash the day before.
People may venture to say that my concerns are purely speculative, but the existence of such timestamps is subject to verification.
Also of concern, Mr. Upstanding Gunbuyer's gun purchase form information, and that of every other of the tens of millions of gun buyers' gun purchase form information, is supposed to be secured by the following penalty language of the Brady Act:
"(5) Whoever knowingly violates subsection (s) or (t) of section 922 shall be fined not more than $1,000, imprisoned for not more than 1 year, or both."
Note the fine language comes first, implying that is the preferred penalty type, and also the "not more than $1,000" language, which allows for insignificant fines. Even the maximum of $1,000 would be about two or three weeks of a low-level government employee's pay at the time of enactment.
The unlawful betrayal of decades of supposedly confidential gun purchase information on tens of millions of Americans, an investment of tens of billions of dollars, might merely result in a trifling fine of $1 imposed on a wayward government employee or government contractor employee by a leftist judge.
I personally do not feel any gun acquisition I could make under the Brady Act of Charles Schumer and Joseph R. Biden would be secure to Amendment IV requirements. These people are known to hate us "Neanderthals" and our Amendment II gun bearing and Amendment IV secure gun possession rights. Their oft-repeated public statements calling for 100% of gun buyer identities to be collected by the government (needed to enable a gun registration system to be perfected and a comprehensive subsequent gun confiscation made in violation of the Bill of Rights) and their Brady Act-related actions mark Biden and Schumer as being in rebellion to our Constitution.
In my opinion, Biden's 1993 Brady Act vote was an act of rebellion against our Constitution that made him ineligible to be President afterward. Therefore, it would follow that Donald J. Trump should be our lawful President and all executive order signed by Biden and all Congressional bills presented to Biden in 2021 for his signature into law are void.
Biden's anti-Amendment IV Brady Act vote might also be considered in the light of his Amendment II despising public statements, his renowned Supreme Court-packing inclination and his overbearing Supreme Court "reform" commission proposal.
One means would be to have each state government issue to gun dealers bar books covering all persons to which it has issued ID cards. There might be annual cumulative bar books, monthly cumulative update bar books and daily/dealer request cumulative bar fax updates.
Another means for 1993 technology would have the gun dealer would call an 800 number, give the operator the prospective buyer's ID type, the five-digit zip code off the ID or the first three alphanumeric characters of the ID, say 545 in the case of my passport or G61 or 34275 in the case of my state ID card. The government would then fax back the associated bar list. If my passport number or last eight digits of my state ID card number was not on that list, I could then pay the dealer and walk out the door with my purchase. In 2021, an Internet website could make this far easier, and cheaper, and Amendment IV compatible.
Interesting post. Thanks. I haven’t talked to my gun Dealer friend Shawn in about 3-1/2 years. I’ll ask him about that if I see him. I know nothing else about these laws. Bump for others more knowledgeable.
I suspect we are about to find out that no part of the Constitution has any utility any more once the Democrats enshrine Vote Fraud as in HR1. They will be permanently cemented into place and the numbers of non Party Senators and Representatives will shrink rapidly over the course of the election cycles. There is no chance that non Party candidates can win elections except as they are decreasingly allowed to win as window dressing. Judges will come to be ignored, at least those judges that have not seen which side of the bread their butter is on and transformed accordingly. Eventually inconvenient judges will be summarily removed or suffer health problems and accidents.
very grim possibility at this point in time. thanks, arthurus.
No government records are ever destroyed.
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