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View Diary: Red state Dems under added pressure to support universal background checks. Some holdouts stand firm (96 comments)

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  •  asdf (0+ / 0-)

    First off, let's start with an accurate description of what the present is.

    You have two components, the NICS background check and the transfer record.  The NICS background check is a query to a central record.  If the transfer is approved, the record is (presumably) destroyed except for the transaction number.  I'm not a conspiracy theorist, and I believe this occurs.  However, I am highly uncomfortable with the centralized aspect of it (see the deal breaker note below).

    Second, you have the bound book record.  This is a transfer record maintained by the licensee on business premises for 20 years that BATFE has the authority to review on a year to year basis.  That inspection requires no warrant or reasonable cause, and BATFE can do whatever it wants with the information it gets.  Additionally, when the license goes cold, BATFE takes custody of these records.  This has been unacceptable for decades, and there is no way anyone is going to agree on expanding this system to cover all sales beyond the first retailer.  

    With that out of the way, we are negotiating.  We each have deal breakers.  Mine is anything that functional resembles a registry, which I define as anything that is physically in public custody and can be viewed without warrant or reasonable cause.  

    As far as I'm concerned, the AWB is a dead letter and always has been.  I get that for free.  We all get heavier penalties for straw purchasers for free.  But so long as "keep it simple" doesn't meet the test I've outlined above, I will oppose it.  That is non-negotiable. Instead, I offer to open up NICS to the public and a mandate to employ it in all firearms transactions with the caveat that no information regarding firearms need be included in the query.  Second, I offer to mandate the maintenance of an audit trail by private citizens and trusted third parties, one protected from unreasonable search and seizure first and foremost by permitting citizens to retain physical custody and control.

    When God gives you lemons, you find a new god.

    by Patrick Costighan on Sat Mar 30, 2013 at 12:51:15 AM PDT

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