Lucille
01-21-2016, 10:22 AM
http://www.backwoodshome.com/blogs/ClaireWolfe/2016/01/21/thursday-links-51/
Gun buyers have broken NICS. The FBI is responding by refusing to consider appeals of wrongful denials. Since 90-some percent of denials are wrongful, this is a big deal. (It would be a big constitutional deal even if one denial was wrongful and could not be appealed; but since NICS itself is anti-constitutional, that’s a nitpick.) There will be lawsuits. But this just goes to show you (not that anyone here needed showing) how easy it is for the fedgov, having pushed “law-abiding” people into getting its prior permission, to forbid exercise of an individual right.
http://www.pagunblog.com/2016/01/20/fbi-says-its-stopping-nics-appeals/
So overwhelmed are NICS examiners with the Great Obama Gun Rush, they are apparently considering suspending appeals for people who are denied (there’s an instant play ad for me on the link, so beware):
The surge of criminal background checks required of new gun purchasers has been so unrelenting in recent months that the FBI had been forced to temporarily halt the processing of thousands of appeals from prospective buyers whose firearm purchase attempts have been denied.
I’d argue there are serious constitutional implications with something like this, that is there should be if the courts were willing to take the right seriously, which they aren’t, so it’s a moot point.
But it’s interesting that Obama Panic is driving so many gun sales that we’re breaking the system. The article goes on to describe the woes of the NICS system, which relies on voluntary compliance from the states. The article implies that the overload currently being experienced contributed to the Charleston mass murderer (we don’t give these bozos the infamy they seek by naming them) slipping through the system.
During the background check, [racist murdering asshole]’s March arrest on felony drug charges was mistakenly attributed to the Lexington County, S.C., Sheriff’s Department, not the Columbia, S.C., Police Department, which actually made the arrest. The sheriff’s department operates the jail where [the murderer] had been detained.
The Columbia police report included information that [the dope smoking murderer] admitted to drug possession, which would have triggered an immediate denial by NICS, according to bureau guidelines. But that information was never seen by the reviewer because the FBI’s database did not include Columbia police contacts in its list of agency contacts for Lexington County purchase reviews. The reviewer did attempt to reach the Lexington County prosecutor’s office, which was handling the drug case at the time, but received no response.
The gun control folks are now making a push to end “default proceeds.” Essentially the FBI has three days to complete the check and make a determination of status. If the FBI fails to issue a denial or a proceed, the dealer is permitted to go ahead with the sale after three days. In the case of our racist, doped up murder boy here, the dealer waiting five days.
Default proceeds are intended to protect the rights of the public from the government being able to shut down all gun sales through either being unwilling or unable to process the background checks. Imagine, for instance, a Carrington level event, or some other natural or manmade disaster, which takes down large portions of our telecommunication systems, with NICS down and unreachable. You might want a gun in that kind of SHTF scenario? Under the existing system, sales could still proceed after three days. Under the system the gun control proponents propose, all legal guns sales would be shut down. Default proceed is non-negotiable, and a system that would shut down all gun sales in a serious national emergency ought to be unconstitutional.
Gun buyers have broken NICS. The FBI is responding by refusing to consider appeals of wrongful denials. Since 90-some percent of denials are wrongful, this is a big deal. (It would be a big constitutional deal even if one denial was wrongful and could not be appealed; but since NICS itself is anti-constitutional, that’s a nitpick.) There will be lawsuits. But this just goes to show you (not that anyone here needed showing) how easy it is for the fedgov, having pushed “law-abiding” people into getting its prior permission, to forbid exercise of an individual right.
http://www.pagunblog.com/2016/01/20/fbi-says-its-stopping-nics-appeals/
So overwhelmed are NICS examiners with the Great Obama Gun Rush, they are apparently considering suspending appeals for people who are denied (there’s an instant play ad for me on the link, so beware):
The surge of criminal background checks required of new gun purchasers has been so unrelenting in recent months that the FBI had been forced to temporarily halt the processing of thousands of appeals from prospective buyers whose firearm purchase attempts have been denied.
I’d argue there are serious constitutional implications with something like this, that is there should be if the courts were willing to take the right seriously, which they aren’t, so it’s a moot point.
But it’s interesting that Obama Panic is driving so many gun sales that we’re breaking the system. The article goes on to describe the woes of the NICS system, which relies on voluntary compliance from the states. The article implies that the overload currently being experienced contributed to the Charleston mass murderer (we don’t give these bozos the infamy they seek by naming them) slipping through the system.
During the background check, [racist murdering asshole]’s March arrest on felony drug charges was mistakenly attributed to the Lexington County, S.C., Sheriff’s Department, not the Columbia, S.C., Police Department, which actually made the arrest. The sheriff’s department operates the jail where [the murderer] had been detained.
The Columbia police report included information that [the dope smoking murderer] admitted to drug possession, which would have triggered an immediate denial by NICS, according to bureau guidelines. But that information was never seen by the reviewer because the FBI’s database did not include Columbia police contacts in its list of agency contacts for Lexington County purchase reviews. The reviewer did attempt to reach the Lexington County prosecutor’s office, which was handling the drug case at the time, but received no response.
The gun control folks are now making a push to end “default proceeds.” Essentially the FBI has three days to complete the check and make a determination of status. If the FBI fails to issue a denial or a proceed, the dealer is permitted to go ahead with the sale after three days. In the case of our racist, doped up murder boy here, the dealer waiting five days.
Default proceeds are intended to protect the rights of the public from the government being able to shut down all gun sales through either being unwilling or unable to process the background checks. Imagine, for instance, a Carrington level event, or some other natural or manmade disaster, which takes down large portions of our telecommunication systems, with NICS down and unreachable. You might want a gun in that kind of SHTF scenario? Under the existing system, sales could still proceed after three days. Under the system the gun control proponents propose, all legal guns sales would be shut down. Default proceed is non-negotiable, and a system that would shut down all gun sales in a serious national emergency ought to be unconstitutional.