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New Leaks Shows ATF Running Background Checks On Gun Buyers Retroactively by John Crump

Millions of law-abiding citizens submit to background checks, as intimated by the president's comment to reporters. (Dave Workman)

New Leaks Shows ATF Running Background Checks On Gun Buyers Retroactively (Dave Workman)

MARTINSBURG, WV –-(Ammoland.com)- AmmoLand News learned through a leaked Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conference call that the agency is starting to run gun buyers retroactively through the FBI’s National Instant Criminal Background Check System (NICS).

In the conference call, the ATF leadership asked its Industry Operations Inspectors (IOI) to collect information on the customers that used concealed carry permits instead of obtaining a background check through the NICS. The purpose of obtaining this information would be to run the customer’s data through the NICS to see if the customer would have received an approved or denied status. In addition, the IOI will pass on the names and information of customers denied by the NICS to the criminal branch for a special agent to follow up.

Some states, such as Alaska, allow gun buyers to use their concealed carry permits to buy a gun instead of being subjected to a background check through NICS. Gun buyers in these states believe that using a concealed carry permit to purchase firearms gives them a level of anonymity that the NICS doesn’t provide.

The information from the firearms background check paperwork (ATF Form 4473) is not submitted to the FBI when the customer uses their permit. Before the new policy, the only time the government would know a person bought a gun is when the FFL goes out of business, a trace request is submitted, or the customer buys multiple handguns within a seven-day period.

Congress wrote an exemption to the mandated background check using the NICS into the Brady Handgun Violence Prevention Act in 1998. However, the ATF has not been a fan of states letting their citizens use their concealed carry permits to buy guns without going through the NICS. In fact, the ATF has told states like Michigan that they can no longer use the concealed carry permit exemption.

According to the Brady Act, states can let gun buyers use concealed carry permits instead of going through the NICS if the permit meets or exceeds the NICS requirements, and the issuing agency performs a background check on the permit applicant using the NICS. However, even though states like Michigan meet all the conditions laid out in the Brady Act for a NICS exemption, The ATF had an issue with how some issuing agencies implemented the law.

Some sheriffs used the National Crime Information Center (NCIC) to perform background checks instead of the NICS. The NCIC database is where the NICS database pulls most of its information. They claimed since that the sheriffs were not following the proper procedure, that the FFLs of the state could not use the concealed carry permit to buy a gun.

Gun Owners of America (GOA) sued the ATF over their decision to revoke the NICS exemption for Michigan and other states. GOA claimed that the ATF did not have the right to reinterpret the Brady Act law. The ATF stopped revoking exemption status for states once the lawsuits started to be filed in multiple states by the gun rights organization.

It seems like the ATF has found another way to run customers through the NICS. Unfortunately, the ATF would not provide AmmoLand News a comment.


About John Crump

John is a NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.

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Yep!

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Anti Civil Rights ideas & "Friends" Born again Cynic! California Grumpy's hall of Shame This great Nation & Its People

Think about this so called Independence Day

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All About Guns Anti Civil Rights ideas & "Friends"

More than you think!

I myself would NEVER encourage such a thing myself Grumpy

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All About Guns Anti Civil Rights ideas & "Friends"

Louisiana Governor Vetoes Gun Law, Retains Concealed Carry Permit Requirement BY ALLEN ZHONG

Louisiana Gov. John Bel Edwards gives an update on the spread of CCP virus in the state of La., at GOHSEP in Baton Rouge, La, on April 9, 2020, (Hilary Scheinuk/The Advocate via AP)

Louisiana Governor Vetoes Gun

Louisiana Gov. John Bel Edwards has vetoed bipartisan legislation that would have nixed the permit requirement for carrying a concealed handgun.

The governor, a Democrat, said he’s a strong supporter of the Second Amendment and an “enthusiastic outdoorsman and hunter,” but he can’t support permitless concealed carry.

“I simply cannot support carrying a concealed carry firearm without proper education and safety training,” he said in a statement. “Our current system strikes the right balance of ensuring that people can bear arms while also keeping reasonable permitting and training processes in place. … Simply put, it is not too much to ask that a person who wishes to carry a concealed weapon in public be required to attend basic marksmanship and safety training so they understand the regulations associated with such an action.”

“For these reasons, I have vetoed the permitless carry bill.”

The bill, Senate Bill 118 (pdf), would allow any resident who is 21 years of age or older and who is not prohibited from owning a firearm by state or federal law to carry a concealed gun without a permit. Legally qualified gun owners “shall not be required to possess a valid concealed handgun permit issued by the state of Louisiana … to carry a concealed handgun in the state of Louisiana,” the bill states.

The bill also would require the state Department of Public Safety and Corrections to provide a free 60-minute online concealed handgun education course.

The scope of the online training includes sections on concealed handgun basics and nomenclature, firearm-free zones, use of deadly force, and interactions with law enforcement officers.

However, the course wouldn’t be required for concealed handgun carry.

State Sen. Jay Morris, the Republican sponsor of SB 118, told the Lafayette Daily Advertiser that he wasn’t surprised but was still disappointed by the governor’s decision.

“The people of Louisiana want it and hopefully, we will join our neighbors, like Texas and Mississippi, and pass constitutional carry with or without the Governor’s signature,” he said.

The bill was passed in the state Senate and House with bipartisan support. One Democratic senator and seven Democratic House members joined Republicans to vote for the bill.

The legislature appears to have enough votes to override the governor’s veto as it was approved in the state House and the Senate by 73–28 and 27–9 votes, respectively.

State Senate President Patrick Page Cortez and state House Speaker Clay Schexnayder didn’t respond to requests for comment by press time.

It’s unclear whether the state Senate and the House will seek to override the veto.

However, Schexnayder said earlier this week that he supports a veto override session after Edwards vetoed an unrelated bill, The Lafayette Daily Advertiser reported.

The override session—which could happen at the end of July—would be the first one since the new Louisiana Constitutional was adopted in 1974.

The National Rifle Association didn’t respond to a request for comment by press time.

 

 

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Ammunition Background Check Bill Flying Under The Radar By John Petrolino

AP Photo/Rich Pedroncelli, File
You know the drill. A high profile shooting happens. Anti-gun groups make statements based on emotions. Then more “we’re doing something” legislation gets introduced. If I had to guess, if I saw the playbook of say Mom’s Demand Action, they might say something specifically that tells their freedom stifling “advocates” to ignore the facts and statistics, and focus strictly on emotion. That’s just a “guess” if I had such an opportunity. On April 20, 2021, “Jamie’s Law” was reintroduced in congress. The bills are S. 1237 and H.R. 2715.

If you take the time to sift through the gobbledygook of the text of the bill, you might get lost quickly. When these bills get introduced, well for starters, they don’t post the bill text right away. This is a problem that was highlighted by one of my colleagues, Dave Workman, at AmmoLand in a recent article. More often than not those looking for proposed bill text must sift through press releases by whomever introduced the bill in order to actually see what law changes are on the table. Another interesting fact is the “summary” of the bills does not come for some time as well. The summaries are important, as they try to put in plain English what the bill intends on changing. This bill is no different. The side bar conversation is that in 2021 there is zero excuse for the bill text and summary to not be posted the day they are introduced. I get it, the Library of Congress has a lot going on. But, we have the internet. If our NICS system, which is electronic in nature is instant and good enough for guns, an instant system should be good enough for the the bills introduced by the gun grabbers.

Jamie’s Law is a bill that has not seen a lot of press or coverage, despite it was introduced in the past. From a press release by Representative Debbie Wasserman Schultz (FL-23) we have some information though:

…Jaime’s Law, a commonsense bicameral piece of legislation that would require instant background checks to prevent criminals from illegally purchasing ammunition.

Jaime’s Law is named in honor of Jaime Guttenberg, one of 17 victims in the mass shooting at Marjory Stoneman Douglas High School in 2018.

I have yet to meet a person of any political affiliation or group that has celebrated the shooting at Marjory Stoneman Douglas High School. What happened was a tragic domestic terroristic event and occurred because of the failures of many people, systems, and law enforcement agencies. This is another piece of proposed legislation that would not have made a difference in the outcome of what occurred that day.

What would the bill aim to do? Require every person to submit to a background check prior to purchasing ammunition. More on the bill:

“To impose background checks on purchases of ammunition is really the epitome of common sense. It’s the reason why six states, including Connecticut, have imposed such life-saving background checks,” said Senator Blumenthal. “There is no infringement on the Second Amendment, and there’s no inconvenience involved. The purchase of ammunition is seamless and quick for people who are law abiding. The point is to keep ammunition, as well as guns, out of the hands of people who are dangerous to themselves or others. We are inspired to work to pass Jaime’s Law and to make it the law of the land.”

They further expand on the states that already have these “common sense” laws on the books:

Many states – including Connecticut, Illinois, New Jersey, California, and New York – have led the way in requiring a background check to obtain a license to purchase or possess ammunition. However, it is clear that gun safety measures save far more lives when they are enacted nationwide, and don’t allow purchasers to evade background checks by crossing state lines, or shopping for lax state regulations.

And to save you the time of deciphering the bill text, the press release is capped off with:

Jamie’s Law would close this loophole by requiring all buyers of ammunition to undergo an instant background check using the FBI National Instant Background Check System (NICS), the same quick and easy process that applies to the purchase of firearms. Participants will discuss these and related issues.

Here’s the issue. Taking Connecticut, Illinois, New Jersey, California, and New York, and using them as an example of the way things should be done is daft. All the states listed house some very dangerous cities and areas. Chicago, is that a bastion of safety when it comes to crime and murder committed with a firearm? This past weekend says no. Illinois has also completely jumped the shark when it comes to the use, abuse, of the NICS system, as they run a background check on every single firearm licenses holder daily. Does that really make Illinois safer? No.

Let’s consider what New Jersey brings to the table concerning ammunition and background checks. Yes, if an individual wants to buy pistol ammunition on the Garden State, they must furnish the dealer with a firearms identification document, pistol purchaser’s permits, or permit to carry. Yes, an individual must pass several background checks in order to get those documents. No, a NICS is not required to buy ammunition in New Jersey. That is for pistol ammunition. The press release and introduction of the bill leaned heavily on the shooting at Marjory Stoneman Douglas High School in order to trump up support for the bill. Well, that event was committed with the use of a rifle. The inconvenient thing that the press release fails to mention is that in New Jersey, you know one of the states that is being applauded for their great laws, a person does not need any special identification to purchase rifle or shotgun ammunition. A valid driver’s license showing the individual is over the age of 18 is all that is needed.

Another fun fact about New Jersey, they don’t use the federal NICS system, but their own, imposing a $15.00 fee for each check. How much sense is it going to make to charge $15.00 for a $5.00 box of .22 caliber ammunition?

Like most freedom limiting measures that are being branded in the interest of public safety, if this were law, there would be zero effect on crime. The fact that in New Jersey one can purchase rifle ammunition without a background check, while both applauding NJ’s laws, and saying we need this because of the Stoneman shooting is just false advertising. Unfortunately the uninitiated public at large that may have little familiarity with the nuance of gun control laws gets exploited, leaning on those emotional arguments. Forget the facts, lean on the emotions. Honestly, how many background checks are enough for the anti freedom caucus?

 

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Soros gun-ban group has key role in Biden ‘crime’ plan by Paul Bedard, Washington Secrets Columnist

 

President Joe Biden is teaming with anti-gun advocate George Soros and several other liberal groups in his bid to reduce violent crime by focusing on guns and legal gun sellers.

Included in his plan is hosting meetings over the next 18 months in 15 high-crime cities where Soros’s Open Society Foundation and 12 other pro-gun-control groups will spell out “best practices” to help city leaders with the explosion of violence in their cities.

A scan of the policies of those 13 groups shows that all are anti-gun and, like Biden, blame firearms for violence plaguing some cities.

The list does not include any gun industry groups, notably the National Shooting Sports Foundation, which has several programs to cut crime and stop guns from getting into the wrong hands through straw or other illegal purchases.

The groups Biden chose are proponents of gun registration and bans.

Open Society, for example, has called for a new 1994-style ban on popular semi-automatic sporting rifles.

In describing its teaming with the groups, a White House fact sheet read, “A group of philanthropies that have been leaders on this issue will support this collaborative learning network by deploying [community violence intervention] experts to provide training and technical assistance, identify best practices, integrate proven and innovative public-health approaches, and help local community-based organizations scale CVI efforts this summer and beyond.”

The move comes as Biden is trying to install an anti-gun advocate from the Giffords organization as the head of the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Second Amendment advocates predicted that the groups Biden planned to team with would be proponents of gun control and not have any industry representatives.

Soros is a well-known funder of anti-gun groups. Over one 10-year period, for example, he spent nearly $7 million funding them. He has funded at least one other gun control group being tapped by Biden, the Joyce Foundation.

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Sadly True for today

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Something to ponder upon

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Anti Civil Rights ideas & "Friends"

A picture is worth a Thousand Words