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Old April 14, 2013, 08:01 PM   #61
Senior Member
Join Date: October 30, 2010
Location: Missouri
Posts: 619
Heritage Foundation analysis

Heritage says this:
The STM bill fuzzes up the law prohibiting a federal gun registry. First, the legislation says that nothing in the legislation shall be construed to allow establishment of a federal firearms registry. In addition, it says that the Attorney General may not consolidate or centralize records of firearms acquisition and disposition maintained by licensed importers, manufacturers, and dealers, and by buyers and sellers at gun shows (and makes it a crime for him to do so).

But then, the STM bill takes those protections away by using the all-powerful word “notwithstanding”—”notwithstanding any other provision of this chapter, the Attorney General may implement this subsection with regulations.” The courts may construe the “notwithstanding” to allow Attorney General Eric Holder to issue regulations that could begin to create a federal registry of firearms, because the law says he can implement the subsection without regard to the protections against a registry elsewhere in the legislation...

...It would be a bad idea for Congress to give Attorney General Eric Holder the broadest possible discretion by empowering him to implement the STM background check legislation by regulations “notwithstanding any other provision” of the legislation. Perhaps the courts would say the anti-gun registry provisions prevail over the “notwithstanding” clause and there can be no step toward a gun registry, and perhaps the courts would say the “notwithstanding” clause displaces the anti-gun registry provisions and Attorney General Holder can start toward a gun registry.
I fail to see how "notwithstanding" can open the door to a registry, when the bill says twice that a registry is not permitted, and specifically restricts the AG from doing so:
Nothing in this title, or any amendment made by this title, shall be construed to-
(1) expand in any way the enforcement authority or jurisdiction of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; or
(2) allow the establishment, directly or indirectly, of a Federal firearms registry.
(c) Prohibition of National Gun Registry.-Section 923 of title 18, United States Code, is amended by adding at the end the following:
"(m) The Attorney General may not consolidate or centralize the records of the-
"(1) acquisition or disposition of firearms, or any portion thereof, maintained by-
"(A) a person with a valid, current license under this chapter;
"(B) an unlicensed transferor under section 922(t); or
"(2) possession or ownership of a firearm, maintained by any medical or health insurance entity.".
Perhaps someone can enlighten me on this.
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