A Law to Enforce the Law?---Taking another shot to "Fix NICS"

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The Agent told me not to send anymore because they couldn’t do anything about it. I asked why. He told me that there had been a court case where it was claimed that the question on the 4473, “have you ever been convicted of a felony” was a violation of the 5th amendment and the person who had been charged with answering “no” but in fact was a convicted felon had claimed it was self incrimination and the judge agreed.

That's freeking amazing.
 
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These two articles seem to suggest diametric opposites to fixing NICS. In the first article, Sessions wants a review of NCS(seemingly good idea) In the second article, I can't believe that the FBI and Obama's Justice Dept. narrow the definition of "fugitive from justice" which dropped the number of "fugitives from justice" from 500,000 down to 788(seemingly very bad idea).


https://www.cbsnews.com/news/gun-background-check-system-review-attorney-general-jeff-sessions/
November 22, 2017, 10:18 PM
AG Jeff Sessions orders review of FBI gun background check system



https://www.washingtonpost.com/worl...90643c-ced1-11e7-9d3a-bcbe2af58c3a_story.html
Tens of thousands with outstanding warrants purged from background check database for gun purchases
By Sari Horwitz November 22

.

If the system is working, you can't "fix" it by adding more laws and regulations. So they broke the system so they could say it wasn't working, that way they could push for more laws to fix it.

Pretty clever scam really. :(
 

abajaj11

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Here is a link sent out by GOA. Please consider reading the actual implications of this bill (unpaid traffic tickets can deny you your 2A RKBA) and
consider signing the attached letter and sending to your 2 senators. The page makes it really easy.
https://cqrcengage.com/gunowners/ap...jJlqw7Wd4t_ZiyINQoXQLqiSCrsBEVIbZO33bl20&lp=0

:)
Here is my note, please feel free to use and redistribute:
Dear Senator,
As a concerned citizen of Oklahoma, I agree with Gun Owners of America that S. 2135 is one of the worst gun control proposals in over a decade for a bill that has a serious chance of passing. The Cornyn-Schumer bill seeks to enforce existing gun control.

But the unenforced statutes and regulations surrounding the 1968 Act (18 U.S.C. 922(g)), the 2007 Veterans Disarmament Act, and the regulations implementing them (27 CFR 478.11) are so bad that they, if fully enforced, would disarm millions -- perhaps tens of millions -- of decent Americans.

27 CFR 478.11 disarms a person if a "lawful authority" determines they are a "danger" or are unable to manage their checkbook. "Lawful authority" means a psychiatrist who determines whether a person is eligible for federal benefits. Under these provisions, over 257,000 veterans have lost their guns.

And, in 2016, Barrack Obama promulgated regulations which would trawl the SSI disability rolls to do the same for perhaps millions of people on disability. Congress was shocked, the regulations were disapproved.

The next anti-gun president could do the same with Social Security, Medicare, Medicaid, the children's health program, ObamaCare recipients, etc.

He could do this for people with guardians, or people suffering from ADHD, PTSD, post partem depression, regular depression, OCD, or even Alzheimer's, which currently affects upwards of 40 million people according to an NIH study. And Congress would not be able to generate the 2/3 vote in both chambers to overturn a veto of any legislation seeking to overturn his actions.

Or take people on medical marijuana lists. Or in diversion or treatment programs. They will be put on the gun ban list under 18 U.S.C. 922(g)(3). That's a 100% certainty.

Or take states like New York, which sent 30,000 names to NICS, pursuant to the SAFE Act, because their private psychiatrist turned them in.

Or take California, which allows an ex parte gun ban without any hearing because a friend or relative complains about you.

Or take states like Massachusetts, which banned guns for 430,000 people on the basis of unanswered "bench warrants." We know that large numbers of vacationers with unpaid speeding tickets are losing their guns because of this.

And you can see what a Massachusetts cop told Gun Owners of America about how an unpaid traffic ticket can lead to a gun ban: http://gunowners.me/2BXpgze

For these reasons and more, I strongly urge you to OPPOSE the Cornyn-Schumer bill (S. 2135).
 

abajaj11

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HR 4477 has a senate equivalent which is S.2135. This has been proposed by John Cornyn, RINO from Texas, and supported by a bunch of lefty dems.
I did go to the Senate bill's (S.2135) website and got this text that may be helpful:

"
NONCOMPLIANCE PENALTIES.—For each of fiscal years 2019 through 2022, each political appointee of a Federal department or agency that has failed to certify compliance with the record submission requirements under subparagraph (C), and is not in substantial compliance with an implementation plan established under subparagraph (G), shall not be eligible for the receipt of bonus pay, excluding overtime pay, until the department or agency—

“(i) certifies compliance with the record submission requirements under subparagraph (C); or

“(ii) achieves substantial compliance with an implementation plan established under subparagraph (G).
"
In my opinion, this puts financial incentives for agencies to put forth all sorts of categories of names until they are ruled in "substantial compliance" by the federal agency. In other words, power is being shifted to a federal agency over states when it comes to determining "substantial compliance with NICs" with real financial penalties, using our taxpayer money. So, if the federal agency rules that all people on prescription drugs are to be denied NICs, the states HAVE to comply. Same with, say people with unpaid traffic violations.
To summarize, unelected federal bureaucrats would now determine who should be denied NICs, and can penalize states for this.


Please consider calling (or emailing via the GOA link shown in a post above) ) both our senators, especially the junior one, and making sure they understand the consequences of voting for this bill, electorally speaking.
The bill can be found at:
https://www.congress.gov/bill/115th-congress/senate-bill/2135/text?q={"search":["cornyn"]}&r=1
 
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abajaj11

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Got this today from GOA. Thought I'd share.
Consider calling to let them know your point of view. I'm making my call today.
:)
cqrcengage_com_gunowners_opened_mail_AAAAC2Flc0NpcGhlcjAxaqL6r49997901ce7b008029243e619269be2a.png

GOA E-Mail below _____________________________________________________________________________________

Call your senator, Sen. James Lankford (R) at (202) 224-5754 and urge him to remove his cosponsorship of gun control (S. 2135)! Click here to send him an email.

Tell your Senator to remove his support of Fix NICS!

Dear XXXXX

I need you to pick up your phone and call Sen. James Lankford (R) right away.

You can reach him at (202) 224-5754.

With your help, we can stop Chuck Schumer, Dianne Feinstein, and Michael Bloomberg -- and keep them from doing their gun control "happy dance."

They have crafted a major gun control package and have duped a dozen Republicans into helping them.

Tragically, one of these Republicans is OK's Sen. James Lankford (R).

He is a cosponsor of S. 2135, the so-called NICS Fix legislation. And his partners on that bill consist of a sick assortment of gun-hating Democrats from places like New York and California.

Sadly, several Republicans thought they could get some "good ink" in the Left-wing media by supporting well-disguised gun control.

One of them is your Senator. Another is the chief sponsor of the bill, Sen. John Cornyn (R-TX).

But it's now becoming clear that this bill would force the VA to send even more names of veterans into the NICS system -- where, already, more than 257,000 veterans have lost their gun rights.

It would suck up the medical marijuana lists from 29 states to disarm them, and most likely, reinstate the Social Security Gun Ban that Congress just repealed.

It would push to have people with bench warrants forwarded to the FBI, even if the subjects were guilty of nothing more than an unpaid traffic ticket.

The tragedy in all of this is that Sen. James Lankford (R) was elected on a platform supporting the Second Amendment -- not a promise to destroy it.

And there is no reason why a OK Republican Senator should be joining with a rogue's gallery of Leftist kooks to attack the Second Amendment.

GOA activists have had success in pulling Republicans off gun control bills in the past, but it takes a strong grassroots effort. Remember that when lawmakers "feel the heat, they see the light."

That's why I'm asking that you call Sen. James Lankford (R) at (202) 224-5754 and urge him to remove his cosponsorship from S. 2135.

Here are some talking points for your call:

• Besides the chief sponsor of S. 2135, this bill's main supporters are Chuck Schumer and Dianne Feinstein -- the leaders of the gun control movement. Sen. James Lankford (R) should not have his name on the same bill as those gun grabbers.

• This bill would bribe states to add thousands of names of otherwise law-abiding citizens into the NICS system -- adding more veterans, and even Americans with unpaid traffic tickets -- completely circumventing due process!

• Sen. James Lankford (R) ran on a pro-gun ticket. He needs to remember his campaign promises and uphold his oath to office!

So, please, call Sen. James Lankford (R) at Sen. James Lankford (R) right now!

And don't let him tell you that the bill doesn't contain the word "traffic ticket." Gun-grabbers aren't stupid. But when they pay half a billion dollars to enforce an already unconstitutional law -- as the Cornyn-Schumer bill does -- they are supporting all of the bad things in the laws they are bribing states to enforce.

So, again, please call Sen. James Lankford (R) and tell him to withdraw his cosponsorship from the Cornyn-Schumer-Feinstein bill.

His number is (202) 224-5754.

Thank you for taking action.
Sincerely,

Larry Pratt
Executive Director Emeritus
 

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