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Reply #51: If you want to somehow extend the NICS test universally... [View All]

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SteveM Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-05-11 02:14 PM
Response to Reply #38
51. If you want to somehow extend the NICS test universally...
such a plan would have to pass Constitutional muster; esp. with regard federalism. The Feds regulate dealers of firearms; this is considered part of the national government's purview. However, to extend a NICS testing scheme universally would envision powers beyond the national government's. In short, the state has powers to regulate in this regard. The extension of NICS has been discussed here in a very serious manner among pro-2A folks (I regret to say, most of the "ardent" anti-2A folks did not join in, though there were exceptions). We saw the federalism problem I described, and saw additional ones:

1) The form of such a scheme/agency. State? Local? NGO?
2) Security of the agency. How can the site remain secure from hackers, rabid anti-2A folks, the government itself.
3) Cost. How could costs be covered which would avoid impinging on those exercising their 2A rights (re: poll tax).
4) Danger of gun registration developing from such an agency.

That last one (4) is a non-starter among most 2A defenders. As your subject line indicates, such a scheme would be under immediate pressure to enact "registration." Put paraphrase, the NICS test "is not the same as registration, permanent record." IMO, most pro-2A folks see no insurmountable problem with costs and form of agency. They would have a problem with that agency's security, lest it devolve to yet another "registration" push which is, again, a non-starter.

State compacts, esp. through "model legislation," can get around the federalism objections. It is the inevitable push to make the NICS testing scheme a de facto registration scheme which makes universal NICS a problem.

The Bureau's statistics may not be the best, but they certainly should inform anyone who is interested in the most cost-effective manner for solving crime. "Transfer" of weapons, as the data indicates, seems to occur many times between criminals, and they will take the route of least exposure; a gun show does not fill that bill. In any case, gun shows are rent-a-halls. Or block parties. Or out of a trunk. What form (and the attendant ability for police to track criminal purchasers) is most effective for the thug, I'll leave to your judgment.

Thanks for the discussion.
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