WARNING - WARNING - WALL 'O TEXT COMIN' ATCHA!! (I including citations so people don't need to look them up).
OK, I hate to beat a dead horse... and I realize I'm NOT a lawyer, but I just don't see that the "Fix NICS" section would open anyone up any new areas of abuse or overreach. If that Congressman Massie (or others) have concerns, I wish they would spell out their arguments better. Here's the text of the proposed law:
“(G) IMPLEMENTATION PLAN.—
“(i) IN GENERAL.—Not later than 1 year after the date of enactment of this subparagraph, the head of each Federal department or agency, in coordination with the Attorney General, shall establish a plan to ensure maximum coordination and automated reporting or making available of records to the Attorney General as required under subparagraph (C), and the verification of the accuracy of those records, including the pre-validation of those records, where appropriate, during a 4-year period specified in the plan. The head of each Federal department or agency shall update the plan biennially, to the extent necessary, based on the most recent biennial assessment under subparagraph (K). The records shall be limited to those of an individual described in subsection (g) or (n) of section 922 of title 18, United States Code.
So, for the sake of argument - if you dig deeper and you pull those 2 sections from Title 18, section 922 (I did, and they appear below)... those are the sections of law that describe people who are already prohibited from owning guns (e.g., serious crimes, fugitives, adjudicated mental defective/committed, subject to restraining orders, dishonorable discharges, etc. etc.) This is NOTHING NEW!! And the reporting requirements are clearly limited to these situations.
So, if some groups want to be hardline and say "there shouldn't be a NICS at all" - well, that's an argument they can certainly make... one that may have some merit. But if Congress keeps the wording in this proposed law intact, I do NOT see - as some have implied - that it will open up abuses like "new categories" of people to deny 2A rights to without due process. I just don't see it. The wording clearly limits it to people who fall under the existing definition provided in those 2 subsections of Title 18 *below):
>>>>(g) It shall be unlawful for any person—
(1)
who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2)
who is a fugitive from justice;
(3)
who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4)
who has been adjudicated as a mental defective or who has been committed to a mental institution;
(5) who, being an alien—
(A)
is illegally or unlawfully in the United States; or
(B)
except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26)));
(6)
who has been discharged from the Armed Forces under dishonorable conditions;
(7)
who, having been a citizen of the United States, has renounced his citizenship;
(8) who is subject to a court order that—
(A)
was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
(B)
restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(C)
(i)
includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
(ii)
by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or
(9)
who has been convicted in any court of a misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
>>>>>>(n) It shall be unlawful for any person who is under indictment for a crime punishable by imprisonment for a term exceeding one year to ship or transport in interstate or foreign commerce any firearm or ammunition or receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
I REST MY CASE!!!