De Facto Registry?

Tam says we shouldn’t worry about warranty registration cards, and explains how the BATFE trace process works.  I agree about the warranty cards, but I’m usually too lazy to fill them out and mail them.  She also says that 4473 requirements shouldn’t be considered a registry.

I agree with Tam on the substance of the issue, but I do still think that, technically, it does amount to a form or registration, but not the kind that generally worries us.

To me the real test is whether or not the government can go to a computer and ask “Show me all the guns that Sebastian owns”.  If they can, that worries me, because if a confiscation law is ever passed, I’m a few keystroke away from a knock on the door by someone with a gun, badge and a list.

But the current system doesn’t lend itself to that kind of question.  Given enough time, and legwork, a particular gun can indeed be traced to its last legal owner, but they can’t find out what other guns I own.

But despite that,  on 4473, or even the dealer’s bound book, is contained all the information that would be necessary to make such a registry.  The only thing standing in the way is a change in the law, a giant pile of money from congress, and an army of data entry people.  If a confiscation law were ever to pass, and Congress or a state government thought it was important enough to invest huge sums of money on computerizing all the forms out there, they would have all my guns in due time.  They wouldn’t even really need all the 4473s.   Really, the dealer’s bound book would be all that’s needed.

Also, some larger FFLs have computerized records.  They still keep the 4473, but they keep their bound books in computer form.  I seem to recall the ATF can allow some type 01 and 02 FFLs to do this.  For these larger FFLs, a lot of the dirty work is already done.

But this step would require an Act of Congress.  Naturally, we would fight this as hard, or harder, than we would an actual name, address and serial number registration bill.

But Does it Work?

One of SayUncle’s reader corrects us about Switzerland and says we ought to close the “gun show loophole” which is Bradyspeak for banning private sales of firearms.

Pennsylvania has banned the private transfers of handguns.  In order to transfer a handgun to someone who isn’t an immediate family member, you have to either go through a licensed dealer, or the County Sheriff, both of whom will conduct background checks.

Philadelphia’s murder rate is skyrocketing.  They are currently on track to exceed 400 murders this year.  As best as I can tell, banning private sales of handguns has had exactly no impact on the availability of guns for criminals.  Now the city is calling for the state to implement another anti-gun canard, one-gun-a-month, because the ban on private sales of handguns isn’t working to reduce crime or even reduce straw purchasing.

Why is the solution, if it’s not working, it must mean you’re not doing enough of it?

A Pennsylvania Lesson

Jeff Soyer, who it looks like is a Pennsylvania gun blogger for today, also points out this Penn State Collegian article, by someone who I’m guessing is from my area:

Police rely heavily on databases when looking into gun ownership. Under the new bill, police would be forced to directly contact gun manufacturers in order to obtain gun ownership information. Time is a critical component when investigating crimes, especially those involving guns.

Registries are records of legal gun ownership. Are the gang members shooting it out on the streets of Philadelphia are registering their guns with police? I’m curious exactly how much the writer of this editorial knows about Pennsylvania law and the motivations for pushing this bill forward? It’s been in the making since the Supreme Court of Pennsylvania ruled that the state law prohibiting registration of firearms within the Commonwealth didn’t actually mean what it said, and that the state police were fine with keeping a record of every gun sold within the commonwealth going back many years. There isn’t supposed to be a registry, yet the state has a record of every pistol I own, which can be obtained by punching my name into a database. Sound like a registry to you? Sounds like one to me.

According to philly.com, since the beginning of this year, Philadelphia has reported 136 homicides — more than New York City, a much larger metropolis. It’s more important than ever that police have an easily accessible record of gun owners.

Philadelphia has among the lowest rates of legal gun ownership in the Commonwealth, yet it has among the highest crime rate. Take Philadelphia out of the equation and Pennsylvania’s crime rates are roughly similar to Western Europe, yet the rest of the state is absolutely armed to the teeth, and issues more than 600,000 licenses to carry firearms. That’s 600,000 or more Pennsylvanians that have a license to carry a loaded handgun on their person in public, and all but 32,000 of them are outside of Philadelphia. It would seem to be that Philadelphia has a criminal problem, because if it was the guns, the rest of the state would be swimming in rivers of blood.

The concept of domestic violence became all too apparent in Centre County on April 8 when Benjamin Barone, 35, of Williamsport, lured his estranged wife to a Sheetz near Mill Hall and shot her, then killed himself. Jodi Barone, 36, of State College, had come to meet her husband where she expected to exchange custody of their three-year-old daughter.

It is a tragedy that Jodi Barone’s life was cut short because of a poor decision by her husband.

However, more lenient gun laws would not have helped the situation and will not aid other cases of domestic dispute.

And more strict gun laws would not have helped either. The guy was willing to murder someone. Do you think he would care whether he had a license to carry his gun?

Responsible gun owners understand they have no reason to worry about the government knowning about their firearms.

Ask responsible gun owners in New York whether they had anything to worry about when the city went around using their registration database to confiscate legally held and licensed firearms when they decided to make them illegal. Ask folks in California who had the same thing happen to them. I can point to a case of someone I’m familiar with in Pennsylvania who was involved in a self-defense incident and had his firearms confiscated by the Philadelphia police, who, last I checked, had still not returned them as they were legally required to do after charges were dropped. How did they know he had more guns? The registry the state police have been illegally keeping.

Talk to gun owners in our state sometime, before jumping to conclusions about what we do and don’t need to worry about.

It Doesn’t Work Here Dude

Bob Mitchell of Delaware Online, an NRA member, thinks private sales ought to be banned.   I presume he’s speaking of Delaware, because Pennsylvania already ban private sales of handguns.  Do you know what the criminals in Philadelphia seem to have no trouble getting?   If Delaware passes this, the impact on crime, I predict, to be absolutely zero.

Hat tip to Jeff Soyer

House to House Searches? Why Not

Dan Simpson, a retired diplomat writing in the Toledo Blade, writes:

The disarmament process would begin after the initial three-month amnesty. Special squads of police would be formed and trained to carry out the work. Then, on a random basis to permit no advance warning, city blocks and stretches of suburban and rural areas would be cordoned off and searches carried out in every business, dwelling, and empty building. All firearms would be seized. The owners of weapons found in the searches would be prosecuted: $1,000 and one year in prison for each firearm.

Dan, buddy. If it ever comes to that I’m turning in my ammunition first. I suspect many of my fellow countryman would too. We have a term for the society you envision. It’s called a police state.

There could conceivably also be a rash of score-settling during hunting season as people drew out their weapons, ostensibly to shoot squirrels and deer, and began eliminating various of their perceived two-footed enemies. Given the general nature of hunting weapons and the fact that such killings are frequently time-sensitive, that seems a lesser sort of issue.

Yeah, because the people murdering each other in America are hunters. Not drug dealing gang members. Seriously Dan, how do you call yourself a proud American? Perhaps you’d find Russia, China or some other police state more to your liking.

And how is it that the Toledo Blade thought this was a serious enough editorial as to publish it? Is the Toledo Blade advocating bringing a police state to America? Looks like it to me.

UPDATE: Looks like David found this turd’s article too.
UPDATE: Eugene Volokh too.

This is what happens when I post something before checking other blogs :)

Terror Watch List Purchase Prohbition is Back

The Senate’s token Dinosaur, Frank Lautenberg, who was well on his way toward fossilization when the NJ Democrats brought him back to life to run in place of Robert Torricelli, is pushing more gun control again. This time, adding the terrorist watch list to NICS:

The Justice Department proposed legislation on Thursday that would give the attorney general discretion to bar terrorism suspects from buying firearms, seeking to close a gap in federal gun laws.The measure, which was introduced by Senator Frank R. Lautenberg, Democrat of New Jersey, would give the attorney general authority to deny a firearm purchase if the buyer was found “to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism.”

Suspects on federal watch lists can now legally buy firearms in the United States if background checks do not turn up any standard prohibitions for gun buyers, which include felony convictions, illegal immigration status or involuntary commitments for mental illness.

So Bush’s Justice Department is proposing this? More evidence that Bush is a turd when it comes to this issue. The problem with this legislation is that you’re depriving someone of their constitutional rights administratively, without any due process. Lautenberg isn’t treating gun ownership as a right here, he’s treating it as a privilege that’s granted or revoked at the whim of a federal bureaucrat.

Dean Boyd, a spokesman for the Justice Department, said the process took time because it involved delicate issues, including “the protection of sensitive information upon which terrorist watch listings are based, as well as due process safeguards that afford the affected individual an appropriate opportunity to challenge the denial after it is made.”

We call this “prior restraint” and it usually doesn’t fly when it comes to constitutional rights. It’s time to remind the Justice Department, and Frank Lautenberg of another part of the constitution they seem to have forgotten:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Sorry, some government bureaucrat deciding you belong on a list does not qualify as due process in anyone’s dictionary. Frank Lautenberg should retire. Clearly he’s forgotten the oath he took to uphold the passage stated above.

Hat tip to The Ten Ring

No Thanks

Mike S. Adams of Townhall has an idea on how to prevent future tragedies:

Because there are two ways to buy a handgun in North Carolina (with a CCW or with a one-time pistol purchase permit) there are two types of people who are able to buy guns; 1) Those with a CCW who have been subjected to criminal background checks, have released full medical and psychiatric records, and have taken a firearms safety course. 2) Those who obtained a purchase permit by submitting to a criminal background check, without releasing medical and psychiatric records, and without taking a firearms safety course.

At this point in the column I’m ready to unleash the first three steps in my four-step proposal for preventing mass killings on college campuses. The first two steps will not surprise my readers but the third will:

All states should allow citizens to apply for a CCW. All states should allow those with a CCW to buy guns without a separate pistol purchase permit.
All states should eliminate pistol purchase permits immediately.

So you’re suggesting that we license gun owners, essentially.  How is that different from what the gun controllers are suggesting?  You don’t license a right.

Hat Tip to War On Guns

PA Gun Registration – House Bill 760

I have gotten an update on the status of the Pennsylvania Gun Registration bill from Representative Sam Rohrer. Here’s the relevant excerpt:

The provisions of House Bill 760 are, in my opinion, unconstitutional, impractical and simply outrageous. Without question, a requirement to register all firearms with the State Police, to submit to fingerprinting, to provide full home address and social security number or be guilty of a summary offense as House Bill 760 would require, is an example of the clear violation of the citizen’s right to keep and bear arms. For any member to sponsor, cosponsor or support legislation that clearly infringes upon constitutionally identified and guaranteed rights raises a serious question as to whether this action violates the oath that Members took to defend and protect the citizen’s rights as guaranteed in the Constitutions of the United States and of Pennsylvania.

House Bill 760 would not only impose a violation of our constitutional rights through invasive government requirements, it would also tax our right to own firearms through a $10.00 tax to be levied every year on each firearm.

On Wednesday, April 18, 2007, Representative Caltagirone, who is the Chairman of the House Judiciary Committee, was quoted in the Pittsburgh Tribune Review. In reference to the House Bill 760 moving out of Judiciary Committee, Representative Caltagirone said, “It’s not going anywhere.” His decision has much to do with the responses from each and every one of you.

Good work on both the part of Representative Rohrer and Pennsylvania gun owners. But he goes on to remind us that we have to remain vigalilent. It’s been my opinion that HB 760 was never meant to get anywhere, but serves as political cover for one-gun-a-month. By giving gun rights advocates something to focus their energies on, that had no chance of passing, it would wear us out in the fight to make sure gun rationing never becomes law in the commonwealth.

I think he’s right this bill isn’t going anywhere, but beware of gun rationing. That issue won’t go away.

Gun Rights Conference Today in Harrisburg

The Allegheny County Sportsman’s League (sort of like PA’s version of VCDL) is holding a Gun Rights Conference today in Harrisburg:

We all knew the challenges we would face after last year’s election and our darkest fears are being realized. The only way to defeat this is to join together once again and show those who would take our freedoms that we will not yield.

We will join together for an early preemptive strike on our issues by having a lobbying and education day, focusing on freshmen legislators, and connect that with launching our pro-gun agenda, as we did last year. Members of the Pennsylvania grassroots and gun owner’s coalition, which has been so successful for us on other issues, met with Representative Daryl Metcalfe in early December to devise a strategy for the upcoming session so that we would be prepared to deal with these issues. The date we have agreed upon is April 24th and we will combine our meeting and lobbying with another Pro-Gun Press conference to introduce our pro-gun/pro-sportsmen agenda of legislation. We can also use this opportunity to excoriate the anti-gun forces, legislators and issues.

I went to the last rally at Harrisburg last September, where the house defeated, pretty overwhelmingly, the gun control wishlist of the Philadelphia politicians in the Committee of the Whole.  I feel bad that I can’t get to this one to cover it, especially given that I have a freshman state representative, but I could end up short on vacation this year.  Maybe next time.