jlf1961
Posts: 14840
Joined: 6/10/2008
From: Somewhere Texas
Status: offline
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quote:
ORIGINAL: MasterDrakk
two things. the 60 day on protection orders is not a uniform law. in my state it is immediate.
you have the issue that you cannot compel a state to do this by law.
thats just for starters.
Gee, they used the interstate commerce clause to push desegregation of schools and businesses at the state level.
The patriot acts set the standard for ALL state issued driver's licenses and ID's.
And strangely enough, a state that opts out of putting the information can be sued by the victims and survivors of this kind of incident, as can the department of defense.
Oh, and it was Federal law that established the Driver's record database which prevents someone who got their license suspended in one state for say a DUI, from moving to another state and establishing residence and getting another license.
So yes, the Federal government can pass a law that would make reporting everything that would prohibit someone from purchasing a gun to the national database.
However, instead of doing that, Congress in its infinite wisdom came up with this wonderful tidbit:
Protection of Lawful Commerce in Arms Act
(b) Purposes- The purposes of this Act are as follows:
(1) To prohibit causes of action against manufacturers, distributors, dealers, and importers of firearms or ammunition products, and their trade associations, for the harm solely caused by the criminal or unlawful misuse of firearm products or ammunition products by others when the product functioned as designed and intended.
(2) To preserve a citizen's access to a supply of firearms and ammunition for all lawful purposes, including hunting, self-defense, collecting, and competitive or recreational shooting.
(3) To guarantee a citizen's rights, privileges, and immunities, as applied to the States, under the Fourteenth Amendment to the United States Constitution, pursuant to section 5 of that Amendment.
(4) To prevent the use of such lawsuits to impose unreasonable burdens on interstate and foreign commerce.
(5) To protect the right, under the First Amendment to the Constitution, of manufacturers, distributors, dealers, and importers of firearms or ammunition products, and trade associations, to speak freely, to assemble peaceably, and to petition the Government for a redress of their grievances.
(6) To preserve and protect the Separation of Powers doctrine and important principles of federalism, State sovereignty and comity between sister States.
(7) To exercise congressional power under article IV, section 1 (the Full Faith and Credit Clause) of the United States Constitution.
Which basically means that if a retailer ran the back ground check and got a result that did not prohibit the buyer from purchase, then the survivors cannot sue the retailer, the manufacturer etc because someone that is legally prohibited from buying a gun was able to do so based on an erroneous report on the back ground check.
During the hearings it was made clear that state courts do not have to submit the data, it was purely voluntary, which means that there is no way to insure that any back ground check will be accurate with information to prevent the sale.
And why was this law even necessary?
Because retailers and manufacturers were being sued by the victims or family members killed by someone who bought a gun that should not have been able to buy it because the back ground checks came back clean.
Bernie Sanders, who as a congressman voted for the law in 2005, defended the law in October 2015, saying: "If somebody has a gun and it falls into the hands of a murderer and the murderer kills somebody with a gun, do you hold the gun manufacturer responsible? Not any more than you would hold a hammer company responsible if somebody beats somebody over the head with a hammer."
And good ol Bernie voted in favor of the assault weapons ban!
Basically proving that he and everyone else who claim to have the welfare of the people as their primary motivation is full of bullshit.
Congress could have fixed the loophole after 32 people died at Virginia Tech, the state of Virginia did, congress didnt.
Of course, the background check only uses one database, one that is not mandatory, that being the NICS.
However, there exists two other database that are mandatory, and automatic, that being the Interstate Identification Index, which is the one that law enforcement officers consult when running an ID, the other is National Crime Information Center (NCIC), a repository of justice-related records such as protective orders or open arrest warrants.
However, to access the second two databases, you have to be either a law enforcement officer, or a servant of the court, or be licensed to run a finger print check as required for a Commercial Driver's License.
In other words, a gun retailer does not have the authority to access the two databases that would prohibit a gun sale to a person not legally allowed to own a gun.
Anyone see any problems with these facts?
_____________________________
Boy, it sure would be nice if we had some grenades, don't you think?
You cannot control who comes into your life, but you can control which airlock you throw them out of.
Paranoid Paramilitary Gun Loving Conspiracy Theorist AND EQUAL OPPORTUNI
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