DOJ Proposal Suggests Unauthorized Use of NICS for NY Ammo Background Checks
BY Herschel Smith
1 month ago
“The Justice Department today announced it has submitted to the Federal Register two notices of proposed rulemaking (NPRM) that, if finalized, will fully implement the Bipartisan Safer Communities Act of 2022 (BSCA), the most significant gun safety legislation in over 30 years,” DOJ announced Wednesday.
So, new gun rules are being rushed in while Steve Dettelbach, Merrick Garland, and Joe Biden are still ostensibly running things? And we have Republicans who crossed the aisle and supported Democrat infringements to thank for it?
There are so many problems with this that it’s difficult to enumerate them all.
First, the ATF shouldn’t exist, as there is no constitutional warrant for such an organization, especially given the broad sweep of the second amendment.
Second, NICS shouldn’t exist.
Third, it’s illegal for the ATF to use anything in its database (which shouldn’t exist under the law) for this purpose.
Fourth, this sort of rulemaking (given the time frame for comments) is an end-run around the incoming administration, and the AG and all ATF employees know it full well.
Fifth, the FOIA is worthless if the FedGov is given the liberty to ignore it without consequences, which is of course the case now.
A more lawless organization than the ATF can’t be found anywhere in America, including organized crime.
But remember boys and girls, they’ll shoot your dogs and perhaps you if you disagree with them. The KGB, Stasi and Gestapo could have taken ideological and training tips from the ATF. That their employees don’t feel shame only goes to prove their pathologies, individually and as an organization.
On December 9, 2024 at 9:48 pm, X said:
My understanding of the NY system is that the State Police (or a contractor for them) are the NICS “point of contact” and they process all firearm transfers through NICS on behalf of, and in lieu of, the FFL.
So the FFL contacts the state, which in turn contacts NICS, which gives an approval or denial, and then the state contacts the FFL with the approval or the denial.
Not exactly “instant,” there are numerous delays.
This enables the State Police to keep a record of all purchases, thereby establishing de facto registration of ALL gun sales or transfers with the state.
My understanding of the ammo checks is that they are done by a contractor on behalf of the State Police, and that they are actually more rigorous than the FBI NICS check on the firearm. Presumably the contractor is given access to the NYSP database which includes not only felony convictions but arrests, misdemeanors, court orders, mental health information, etc.
On December 10, 2024 at 5:41 pm, Paul B said:
Never trust Government minions. ATF should not exist. It was created to combat organized crime who where using machine guns to off each other. Only thing high risk there was being in the same area as criminals.
I hope Trump swings a machete to the government. I fear he will not cut enough. We will have to see.
On December 12, 2024 at 11:56 am, Chris said:
NICS shouldn’t exist. But since it does, maybe states should use them to qualify voters before adding them to the roles.