Speaking of astroturf
Is the Brady Campaign maintaining a gun owner database? If so, they may be breaking the law.
Remember, I do this to entertain me, not you.
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April 29th, 2015 at 7:01 pm
They should challenge that law, because I don’t think a ban on private parties writing down names of gun owners without any State involvement is defensible, Constitutionally or as a matter of basic civil rights.
A ban on the State doing it, sure, the State can limit itself legislatively – and should do so.
But telling me I can’t do so much as write down my own name and that of my shooting buddy under the heading “gun owner” is ludicrous, no matter how well-intentioned it is.
(That said, it’s not super clear from the wording that anything is banned other than a registry of specific individual guns and/or owners of those specific guns.
A registry of “people who own guns or owned guns, we can’t tell because we don’t have records of actually individual guns” might well not be banned, depending on how the prohibition is parsed.
The text is “No state governmental agency […] or any other person, public or private, shall […] keep […] any [list] of privately owned firearms or any [list] of the owners of those firearms.”
“Owners of those firearms” is not the same as “owners of firearms”; it makes me think the prohibition in question is on a registry of specific ownership, not merely “owning a gun, but with no record of what or how many”.
The exemptions seem to support that thesis.)
April 29th, 2015 at 8:41 pm
Might depend on where they’re getting their info. I fully expect the commies in various state bureaucracies to be leaking confidential info on gun owners to the Brady Bunch.
April 29th, 2015 at 10:25 pm
That could be interesting… VERY interesting…
April 30th, 2015 at 9:17 am
I have a list of privately owned firearms, complete with owner, manufacturer, date of manufacture, model, serial number, price paid, copy of receipt, photos of the firearms and in some cases number of rounds fired.
My name is at the top of the list.
Am I breaking some law, here, having this for insurance purposes? I sure hope not.
April 30th, 2015 at 3:41 pm
I would guess they have a list of people to make “I am a gun owner but…” statements.
April 30th, 2015 at 5:20 pm
Mikee: You are explicitly exempt, as the owner, under that law.
April 30th, 2015 at 10:34 pm
If the Gov cant have a list, is the NFA list exempted or is that another issue.
May 1st, 2015 at 1:43 pm
@Dagamore: I understand where you’re going, but unfortunately the jurisprudence on the matter doesn’t support your argument.
As it stands, the NFA has been upheld as a tax measure, based on the positive judicial reception of a similar measure from the nineteen-teens targeted at various intoxicants (cannabis, narcotics, etc.). In that light, there needs to be some way verifying compliance with the tax.
Thus, because the tax payment is required based on the TRANSFER of the firearm, the government would actually need all the information on the front of the current Form 4 in order to process the tax payment. Furthermore, the government needs to retain this information in a centrally-accessible database so that other LE agencies can quickly establish whether or not someone possessing such a firearm is is in compliance with or in violation of the relevant statute.
May 1st, 2015 at 9:34 pm
@HSR47: this is what happens when you government 🙁
May 4th, 2015 at 6:35 pm
The NFA list is required by statute.
The Federal government is prohibited from using 4473 or the like to form a registry, by 18 USC 926 (FOPA).
But that prohibition is only on systems and registries created after the enactment of FOPA in 1986; the NFA registry predates that by decades and is thus excluded from that prohibition, quite deliberately.
FOPA was meant to prohibit future registries without a specific law modifying FOPA, not to undermine the NFA requirements.