July 29, 2011, 01:05 PM | #1 |
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Debt Ceiling and NICS
Has anyone given any thought to what will happen when/if Leader Obama has the NICS center shut down as "non essential" when they have to start shutting down the Govt to pay for welfare, etc? I am thinking that sometime Tuesday or Wednesday, maybe by Friday of next week, you may not be able to by a firearm anywhere in the US. Hmmmm.
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July 29, 2011, 01:08 PM | #2 |
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If that happens I'm glad I picked up my xd9 today
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July 29, 2011, 01:47 PM | #3 |
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Private sales increase?
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July 29, 2011, 02:05 PM | #4 |
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It's times like this I am SOOOOOO thankful for the vigilance of the Nebraska Firearms Owners Assn! They, along with many local gun clubs/ranges kept State Senator Brad Ashford and the NRA from abolishing our Firearms Purchase Permit (allowing you to do your background check ahead of time and not worry about NICS being out to lunch or on vacation or whatever) ..... Ashford had a sneaky back door deal with the NRA to trade abolishing that (something we LIKED!) for adding a perpetual panel to name guns that were "too dangerous for civilain ownership" (something gun owners hated the very idea of)..... Ashford sez he is a Republican ...... The NRA sez it fights for gun owners ...... with friends like that.........
So NICS can shut down for all I care. I just hope they shut down the DoEd., the DoT, the DEA, the DHHS, etc. ..... oh yeah, if they can get the Treasury to stop the presses, that'd help. If the Federal gubmint were forced to stick to a balanced budget, things would be much better ....... maybe they'd be more careful with the money they had rather than squandering so much of it because "there's more where that came from" ..... |
July 29, 2011, 03:27 PM | #5 |
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Don't think we need it in Georgia if you have a Firearms License you are good to go. Funny if you eliminate a lot of needless regulation how much less Government you actually need.
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July 29, 2011, 04:14 PM | #6 |
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I think the NICS service is contracted for firearm purchases. I do not know what all the fuss is about NICS the longest wait I have ever had was about 7-8 minutes. Usually it takes 5 mins or less for every purchase I have made.
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July 29, 2011, 09:00 PM | #7 |
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A friend spoke with them regarding this at the this year's SHOT show. NICS will be up and running regardless.
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July 29, 2011, 09:13 PM | #8 |
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NICS is operated by the FBI.
If for whatever reason NICS were to be shut-down (read defunded/no funds), you had better believe that an immediate filing for an Injunction would be filed in D.C. Even without Ezell as a persuasive precedent, it wouldn't take long for a Permanent Injunction to be issued to enjoin enforcement of 18 U.S.C. § 922(t), the Brady NICS check, as long as it remained, now or in the future, incapable of functioning. The NICS check itself would not be ruled unconstitutional. It is a very narrowly tailored law that is directly related to a compelling government interest. This law can and will withstand the strictest judicial scrutiny. It is only when/if it fails to function, by government action/inaction that it can then be enjoined, as it would then constitute a complete ban on guns. Something that is absolutely precluded by Heller. |
July 29, 2011, 09:22 PM | #9 | |
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Quote:
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July 29, 2011, 09:27 PM | #10 |
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Ya gots to be careful, Tom. Reading all these court briefs over the years has made mush of my brains! (or I'm beginning to think like a lawyer )
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July 29, 2011, 09:53 PM | #11 | |
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Quote:
Who is John Galt? |
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July 29, 2011, 09:55 PM | #12 | |
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Quote:
So, basically, our exercise of the 2nd Amendment is dependent on the operability of an an intrusive computerized government background-check system. And the courts would likely agree. Thinking about it too much is like keeping track of the chronology in all the Planet of the Apes movies. I need to lie down for a bit.
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July 29, 2011, 10:58 PM | #13 | |
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To further confuse the issue....
Quote:
Private party sales (where legal under state laws) would be unaffected, I believe. Dealer sales would be slowed, but not eliminated. Would state waiting periods (where they existed before Brady) come back into effect, if the instant check system becomes non-functioning due to govt budget decisions? A court might rule that way, might it not?
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July 29, 2011, 11:45 PM | #14 |
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There is a basic problem with that rationality, 44 AMP.
Many FFL's I know, would not proceed with the sale without the NICS approval. It's called, CYA. In the current scenario, the NICS isn't even operational. The phone call doesn't occur (for those States that call the actual NICS). In other States, where the FFL calls a State agency (who then does its own check and a NICS check), care to opine what they would say? Bethcha get a "do not proceed." Even the States would CYA. In order for the 3 days to pass, one first has to connect with the NICS. Time doesn't start until that vital connection is made. |
July 30, 2011, 12:33 AM | #15 |
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No excuses here in NJ. The state police (not the FBI) get to charge $15 + TAX for each NICS check.
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July 30, 2011, 05:51 AM | #16 | |
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Quote:
Back when the NICS system first went on line, it wasn't uncommon for it to go down for days on end, resulting in a de facto waiting period. Gold star for the first person who can tell us who was running it back then...
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July 30, 2011, 06:36 AM | #17 |
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Would that be Janet Reno by chance???
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July 30, 2011, 03:19 PM | #18 |
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Al, I see your point....
And it is completely understandable for the FFLs to CYA. After all, better to lose a sale or three than lose your license!
I stand (sit, actually) corrected!
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July 30, 2011, 03:30 PM | #19 |
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Here in Texas if you have a CCW permit no call is necessary.
I also found this bit of FYI from the shutdown that did not happen. http://thetruthaboutguns.com/2011/04...ntinue-slowly/
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Have a nice day at the range NRA Life Member Last edited by Eghad; July 30, 2011 at 03:49 PM. |
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