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EOD said:
That isn't exactly correct. VA submitted exactly what the law required. This is an increase in information submitted and goes further into medical records. It isn't about funding anyone but punish those who don't listen to the master.
EOD, or anybody else who has a handle on this, please post here an explanation of the law and what occurred in Va. Please do not just post :bsflag: here. I would like to straighten out what happened.
 

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Discussion Starter · #2 ·
EOD said:
No the law required anyone commited to be reported. He wasn't so was not required to be reported. Notice the date. This was not law at the time of the shootings. Read the second article. They are attempting to change the law to require persons determined to be a danger to themselves or others now be reported. Read the part about military members who would be reported under the new law. If you still think it was already Federal Law perhaps you could post that law?

http://www.newsinferno.com/archives/1554
Virginia Governor Issues Order to Close Gun-Buying Loophole
Date Published: Tuesday, May 1st, 2007

Virginia Gov. Timothy M. Kaine delivered on last week’s promise to close a significant loophole in the state’s gun-buying process. Kaine today issued an executive order that would require all persons who have been directed to receive involuntary mental-health treatment to be added to the background-check database used by gun retailers.
 

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I think the problem is with the law itself. While it was, and is against Federal Law for someone judged to be a danger to themselves or others to purchase firearms, there was not a requirement for someone who was not committed to be reported. The new law that is being proposed strengthens NICS quite a bit and provides for punishment of States who do not comply. It will affect a lot of law abiding citizens and assumes one is guilty and you have a chance to petition to have your name removed. We have seen how well this works with the no fly list.
 

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Discussion Starter · #4 ·
EOD said:
While it was, and is against Federal Law for someone judged to be a danger to themselves or others to purchase firearms, there was not a requirement for someone who was not committed to be reported.
This is my understanding, but I have not made a careful study, and the media is not accurately reporting details, so . . .

That is the purpose of this thread.
 

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Here is our darlings words on the subject.

http://carolynmccarthy.house.gov/?secti ... itemid=636

Rep. McCarthy Statement on Agreement Reached on Federal Background Check Improvement Legislation
Sunday June 10, 2007

The following is a statement from Rep. Carolyn McCarthy (NY-04) on the agreement reached on the National Instant Criminal Background Check System (NICS) Improvement Act.

(Washington) "On Friday, the month-long discussions on the National Instant Criminal Background Check System (NICS) Improvement Act reached a conclusion.

In the wake of the Virginia Tech tragedy, the flaws in the current federal background check system were exposed. The shooter was barred under federal regulations from purchasing a firearm. Unfortunately, a lapse in the mental health records allowed him to slip through the cracks and purchase two handguns.

While the horrible tragedy at Virginia Tech shed light on the failings of the current system in regards to those mentally adjudicated, we must remember that tens of thousands of convicted felons also slip through the cracks of our deeply flawed background check system each year.

My legislation will fix the loopholes that have provoked countless tragedies throughout our nation and save lives. Consideration of this legislation is long-overdue, and I regret that it took a tragedy for attention to be paid to such a serious public safety issue.

I must thank my friend and colleague Congressman John Dingell for his commitment to making sure this agreement was reached. Together, we have crafted a bill that will prevent gun violence, but maintain the 2nd Amendment rights of law-abiding citizens.

I came to Congress in 1997, in the wake of my own personal tragedy, to help prevent gun violence. Ten years later, I am more committed than ever to this cause. With Friday's agreement, we are one step closer to reducing the needless deaths from gun violence by strengthening the NICS system to ensure guns stay out of the hands of dangerous individuals.â€
 

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Yeah, well she doesn't know what is going on in her bills... did you see that news clip about the barrel shroud? Classic.

While it was, and is against Federal Law for someone judged to be a danger to themselves or others to purchase firearms, there was not a requirement for someone who was not committed to be reported.
I thought there was a requirement... guess not.
 

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Gunstar1 said:
Yeah, well she doesn't know what is going on in her bills... did you see that news clip about the barrel shroud? Classic.

While it was, and is against Federal Law for someone judged to be a danger to themselves or others to purchase firearms, there was not a requirement for someone who was not committed to be reported.
I thought there was a requirement... guess not.
I could always be wrong. Reading those bills and laws is extremely painful and it doesn't help that most are written by people who have no idea what the are talking about. I am not a lawyer but that is what I got out of hours of reading the stuff.
 

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Discussion Starter · #8 ·
We are not going to rely on Sen. McCarthy for our conclusion, are we? :D
 

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Gunstar1 said:
Yeah, well she doesn't know what is going on in her bills... did you see that news clip about the barrel shroud? Classic.
I saw it. She did not even know what a barrel shroud was.
 

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While the horrible tragedy at Virginia Tech shed light on the failings of the current system in regards to those mentally adjudicated, we must remember that tens of thousands of convicted felons also slip through the cracks of our deeply flawed background check system each year.
Am I the only one here that thinks this number is slightly exagerated?
 

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Gunstar1 said:
Yeah, well she doesn't know what is going on in her bills... did you see that news clip about the barrel shroud? Classic.

While it was, and is against Federal Law for someone judged to be a danger to themselves or others to purchase firearms, there was not a requirement for someone who was not committed to be reported.
I thought there was a requirement... guess not.
I saw that one on the internet a few weeks ago. I didn't know what a "barrel shroud" was either. In my head I was thinking what that might be, "That sounds like handguards." Turns out that's what it was. She said something like, "It's that shoulder thing." It'd be nice to have people who have a clue about firearms passing the laws on them.

"Barrel shroud? That sounds scary, ban it!" :roll:
 

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Mobster989 said:
It'd be nice to have people who have a clue about firearms passing the laws on them.
You would think. :roll:
 

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Discussion Starter · #14 ·
So, the best answer we have to the original question is contained in the McCarthy post? :?
 

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Malum Prohibitum said:
So, the best answer we have to the original question is contained in the McCarthy post? :?
If it was already Federal Law that States were required to report the why was no one charged? In the actual law it makes mention of notwithstanding any other law. So since many States had privacy laws the information could not be legally provided to the Fed.

http://www.examiner.com/a-702178~Melani ... round.html

States are not required to provide their citizens’ mental health records to the FBI’s National Crime Information Background Check System (NICS). Indeed, many states have privacy laws expressly forbidding such information to be shared. Among the 22 states that turn over mental health records to the feds voluntarily, Virginia leads the nation to date, sending the FBI the mental health records of more than 80,000 Virginians.

http://usinfo.state.gov/usa/infousa/law ... 025_en.htm

(e) ADMINISTRATIVE PROVISIONS-
(1) AUTHORITY TO OBTAIN OFFICIAL INFORMATION-

Notwithstanding any other law, the Attorney General may secure
directly from any department or agency of the United States such
information on persons for whom receipt of a firearm would violate
subsection (g) or (n) of section 922 of title 18, United States
Code or State law, as is necessary to enable the system to
operate in accordance with this section. On request of the
Attorney General, the head of such department or agency shall
furnish such information to the system.
 

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GAGunOwner said:
GeorgiaGlocker said:
Mobster989 said:
It'd be nice to have people who have a clue about firearms passing the laws on them.
You would think. :roll:
I like anti-gun politicians to remain ignorant about guns. Imagine if some really knew what they were talking about. Think of the legislation they could dream up and the damage it could cause.
On the other side of the coin...the truth will set them free.
 

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An education couldn't be bad. If they were educated they would see how pointless their prized '94 assault weapons ban was. They would realize that a folding stock does not increase the amount of damage you can do with a rifle. They would understand that fully auto does not increase the potency of criminals. They would see that a shorter barrel on a shotgun doesn't greatly increase the effectiveness. They might even understand that guns help people be more equal.

It's true that a good majority of those people who are against guns or hate them are ignorant to them. I don't know if you could convince some of them though. They've been stuck inside of their liberal shell for so long it might be beyond all hope.
 
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