Holder acts on gun-data sharing and collection

Discussion in 'Legal and Activism' started by Bigcountry02, Jan 30, 2013.

  1. Bigcountry02

    Bigcountry02 Coffee! If your not shaking, you need another cup Supporter

    Found this on another and linked to Washington Times

    Federal Register:


    Here is the location of the pdf for National Instant Criminal Background Check System:


    Page 2 of the PDF:

    Proposal #1: Accessing Records in the
    System (28 CFR 25.6(j)(1))

    Proposal #2: Accessing Records in the
    System (28 CFR 25.6(j)(3))

    Proposal #3. Storage Location of NICS
    Audit Log Records Relating to Denied
    Transactions (28 CFR 25.9(b)(1)(i))

    The Brady Handgun Violence Prevention Act mandated the national background check system. It provides that, before a federal firearms licensee may transfer a firearm to a non-licensee, the dealer must first check the system database to see if the proposed buyer is disqualified from receiving firearms.

    That’s all the system does. It records neither the names of purchasers nor the names of individuals who have been denied firearms as a result of a database check. Access to the data is also limited to licensed dealers and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

    Holder seeks to change all that with a rules change rather than modifying the statute already on the books.

    Holder’s changes would make available National Instant Criminal Background Check System records of unqualified firearm purchasers to all law enforcement agencies, and they would retain a record of those individuals who requested but were denied a firearm purchase.

    Although he’s not attempting a federal gun registration program per se, it’s getting awfully close. If he can record the names of those denied guns, he can just as easily record the names of those who passed the check — and presumably bought a firearm. And firearm registration is the first step toward confiscation.


    Not waiting for Congress to act, Attorney General Eric H. Holder Jr. is moving on gun control, submitting three measures Monday to increase data sharing and data collection on firearms and potential gun purchasers — and illustrating the limitations President Obama's administration has to act unilaterally on the issue.

    1. The first of Mr. Holder’s proposals would expand access to information on gun permits to Indian tribal law enforcement agencies

    2. Would allow local law enforcement to access the FBI’s national criminal database to conduct background checks on people they’re transferring weapons to

    3. Would authorize the FBI to maintain records on denied firearms transactions in a separate database for longer than 10 years.

    “These proposed changes are intended to promote public safety, to enhance the efficiency of the National Instant Criminal Background Check System (NICS) operations, and to resolve difficulties created by unforeseen processing conflicts within the system,” Holder wrote in his submissions to the register, according to The Times.
  2. JonM

    JonM Moderator

    Im not sure hiw maintaining a database of refuses will do anygood since law enforcement and the courts system dont seem to care to enforce current laws and practice a catch and release mentality until people are actually murdered. Even then liberal judges and governers will give out parole and pardons.

  3. JackStrong

    JackStrong New Member

    Just a thought, if your going to be denied, why would you risk it? I mean your probably a felon or something anyway. Wouldn't such a person just go buy that firearm on the black market anyway? Of course that's assuming the government's end game is protecting all of us righteous citizens ..
  4. chuckusaret

    chuckusaret Member

    Just another brainless effort to restrict the law abiding gun buyers. Criminals don't buy guns at the LGS.
  5. Axxe55

    Axxe55 The Apocalypse Is Coming.....

    i would suspect those who know they have a criminal record, probably don't deal with an FFL dealer in the first place!:eek:
  6. nitestalker

    nitestalker New Member

    Problem is the BATF and FBI systems make hundreds of mistakes every day. Innocent gun buyers are turned down or sales are held up because of name confusions.
    It is impossible to get the government to correct errors of any kind. There will be thousands of buyers backed up in the system. The BATF will say sorry not enough people or money to follow up on these complaints.
    The new BG checks in the Swinestien bill requires all owners of Banned semiautos undergo Federal, State and local investigations. They must be finger printed etc. This will take years. :(
  7. c3shooter

    c3shooter Administrator Staff Member

    Here in VA, we used the VCIN sysem, not NICS- we had our own system first. Run by VA State Police. If a prohibited person provides false info on the 4473, and the background check catches them, I assure you- the VSP WILL contact the dealer, WILL come get the 4473, and WILL go got the idiot that lied.

    Which strikes me as a good thing.
  8. CaseyChadwell

    CaseyChadwell New Member

    I wonder if Mexican drug cartels will be on the "no" list? What will Eric holder do then? He won't be able to give the most dangerous men in central America weapons to kill Americans or Mexicans, then what will he do on Tuesdays?
  9. mountainman13

    mountainman13 New Member

    The system doesn't work as is. I got a call back from NICS the other day and they gave me a proceed on a delayed buyer. Problem is the buyer had left my store in handcuffs the day before ,in the custody of atf agents, no less.
    I get delayed constantly and I run a shop and work with the police. They need to start by getting their sh!t together and properly running what they have now.
  10. Rick1967

    Rick1967 Well-Known Member

    My only issue with it is the mistake side of things. I have never been delayed or denied. But I always use my social security number on the form. But if I was one of the people named Smith that is constantly getting denyed I sure wouldnt want it to get worse from this.

    I was standing in a Sportsmans Warehouse looking at a pistol when the police walked up behind a guy telling him they had a warrant for his arrest. A bunch of us watched to see what would happen. After about 15 minutes or so they decided it was a mistake. I would hate to see an inocent guy to be permanently victimized by something like that.
  11. bluez

    bluez Well-Known Member

    Once you been arrested even if it by mistake you have ot disclose it on a SF73 application for security clearance.

    Thats never helpful and makes it more risky to be a gun enthusiast as somoene who makes a living with his clearance.

    It just adds to an atmosphere of arrassment and bear traps that abound for good guy gun onwers, as an intentional (i suspect) disincentive to being a gun owner.