Everything posted by 222
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S649 - Public Safety and Second Amendment Rights Protection Act (Amended by Manchin and Toomey)
I read both the original S649 and the T-M amendment. I would like to see the Coburn online portal in there too. I am disappointed not to see it.
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Sweeney an NJ Sen intro 12 bills (no mag limit or online ammo ban)
So if they are about to go serve a warrant they can look it up. But if a guy on patrol pulls you over, they can't tell. Not sure it matters much. Not many FID holders would transport a firearm except as required by law, in trunk or locked case.
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S649 - Public Safety and Second Amendment Rights Protection Act (Amended by Manchin and Toomey)
I support 1. Better than the text in S649 now. I look forward to being able to buy a pistol out of state.
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S649 - Public Safety and Second Amendment Rights Protection Act (Amended by Manchin and Toomey)
Great list! Thanks so much. I am surprised not to find Graham's S480 up there.
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S649 - Public Safety and Second Amendment Rights Protection Act (Amended by Manchin and Toomey)
NRA is playing chess while Democrats are playing checkers. No matter how many amendments gets passed, NRA will still publicly oppose. Liberals won't be happy with any bill NRA supports. It is much more about spiting people, not sound policy.
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NICS checks
End of today is 14 days for me. I stopped by the LGS today. They told me 20 days. Business days, not calendar days.
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Dicks paramus potential shipment
I asked about 22lr and 223. Only 22s were bird shot. No 223.
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Kachalsky v Cacace
SCOTUS denied review. Not really surprising: often SCOTUS will stay out of issues which are actively being debated. They prefer to let the federal and state legislatures settle down before they jump in. www.scotusblog.com/2013/04/court-avoids-gun-rights-dispute/#more-162369
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NICS checks
If you received a firearm after 3 days, then the FFL receives a final determination of "deny", then - FFL tells FBI the firearm was transferred - FBI refers case to ATF - ATF agents, or local LEOs they work with, could show up at your door to retrieve the weapon. It doesn't happen very often: most FFLs use their power of discretion to err on the side of not transferring. www.justice.gov/oig/reports/ATF/e0406/exec.htm I am on day 12. I decided long ago that every FFL I've had the pleasure to transact with are good, honest and hard working folk, and I don't need to give them hassle. So I just wait, and if it really bothered me, I'd just buy out of state next time. No worries.
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NICS checks
Do you have documentation from ATF, FBI, NJSP or other authority which supports this interpretation? If you do, then we have the basis for a lawsuit. If you do not, then you are exercising your own discretion.
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.22LR pricing
Do you remember what brand?
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NICS checks
The law does not create an obligation for the government to respond within 3 days, or ever. In order to sue someone, you have to standing to sue, and grounds to sue: You can try to sue NJSP claiming they have a duty to respond within 3 days. The Judge will dismiss your case because government is under no such obligation, by statutory, regulatory or by common law. You can try to sue NJSP for tortious interference of the business relationship between you and the FFL. The Judge will dismiss your case because the FFL is free to transact the firearm, the government is not stopping them.
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How much for 22lr?
Probably best to field-strip it before you fire it anyway, just to practice how. Disassembly - You'll need a mallet. - There's a little dance you need to do with putting magazine it, taking it out, etc.. Reassembly - Every time you put the bolt back in, you have to make sure the firing pin stop didn't fall out or something. Otherwise the next time you fire a round, the firing pin won't be stopped, and that could damage the gun. - There is a thing you have to learn with the hammer strut being in the right position relative to the crosspin. Otherwise the bolt stop pin might go back in, but the bolt won't actuate, and you'll need to pull the bolt stop pin back out and re-try again. I've actually stopped shooting my Ruger pistol for a few months no because bulk packs are faster to plink than to replenish. Most of what I have are CCI SV, and Wolf MT, which is what I use for rifle shooting 50 and 100 yards.
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How much for 22lr?
Be careful of those golden bullets. They tend to be quite dirty, so you'll need to clean your gun pretty thoroughly afterwards. Also bring paperclip. I've had those golden bullets squib fire on me, and if that happens you'll need to pull the bolt to make sure the barrel is clear.
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NICS checks
It does look like NJ is on some sort of misguided attempt to build a parallel NICS background check system. " including a new electronic system for instant background checks that will be a national model for gun safety....The centerpiece of the plan is legislation sponsored by Senate President Sweeney that will create an electronic system for instant background checks for the purchase of firearms including a photo ID for purchases." (1) NJ submits 17 of 74,000 mental health records to NICS, possibly the worse performer of the entire nation. (2) A3717/S2492 is suppose to fill that gap, but I don't see that in Senate press release. Schumer bill will cause NJ to lose money due to non-compliance. It is his "carrot and stick" approach, Title 1, SubTitle A, Section 112. (1) http://www.njsendems.com/release.asp?rid=4904 (2) http://www.demandaction.org/fatalgaps
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Sweeney an NJ Sen intro 12 bills (no mag limit or online ammo ban)
I'll hold judgement until I see the actual bill text. Devil is in the details. - Right now we have no idea what the "centerpiece" bill will do. - There is no mention of NICS records submission, A3717/S2492. I want to see that passed. Based upon current information, bills I specifically oppose: - "No fly" or "Terror Watch list". - First, they don't know what they are talking about. FBI maintains "Terror watchlist", which feeds many lists, including DHS's "No Fly List" and "Selectee list" for DHS , "Violent Gang and Terrorist Organization File" for DoJ, etc... FBI is not DHS. - FBI only sends out names for the lists. They don't send out why that name showed up on the list or other identifying information. - FBI has been investigating matches since 2004. Why? Because they run both NICS and Terrorist Screening Database. They have access to cross-reference all the info. - NJ cannot do a better job than FBI: NJ can only look at names. FBI can take a look at the name and other identifying information. So they can say "Yes this Edward "Ted" Kennedy is not that Edward Kennedy the Terrorist" - If you want to support an effort like this, support Lautenberg's bill. Support it at FBI NICS-level, not duplicate effort at State-level. - 50 Caliber BMG - This is not the cause of crime in the State of NJ, or any State.
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Sweeney an NJ Sen intro 12 bills (no mag limit or online ammo ban)
Did anyone who attended the the NJ SAFE Task Force in Camden, Brookdale and Newark get any local community organizer contacts? Because I've got to believe, if they look at this, they might be very upset; There is not a single bill in here that helps the challenges they face. I wonder if we can convince them not to be silent on this these bills, but to help defeat them.
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S649 - Public Safety and Second Amendment Rights Protection Act (Amended by Manchin and Toomey)
True. That's one of the exemptions. (2) Paragraph (1) shall not apply if ... (B) the transfer is made between an unlicensed transferor and an unlicensed transferee residing in the same State, which takes place in such State..."
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S649 - Public Safety and Second Amendment Rights Protection Act (Amended by Manchin and Toomey)
So don't list it for sale. Don't post it as intent to transfer or acquire.
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NICS checks
I certainly don't mean to tell anybody their business. Your operation is your business, and your sales is between you and your customer. And certainly it is wise to take direction from ATF and FBI, rather than try to adjudicate it yourself. (t) is controlling section. (A) is FFL calling NICS (B)(i) is an unique id, with final determination. (ii) is the 3 business days without a rejection. It is also defined as "open" transaction under 28 Code of Federal Regulations part 25.2. A 'delayed' response necessarily puts the transaction into 'open' status. An 'open' transaction is simply non-cancelled and without final determination, and does not owe its definition to an initial 'delayed' response. Open response does not prohibit transfer after 3 days: per FBI it is FFL discretion. www.fbi.gov/about-us/cjis/nics/federal-firearms-licensees/a-nics-delay www.law.cornell.edu/cfr/text/28/25.2 codes.lp.findlaw.com/uscode/18/I/44/922 (t)(1) Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(d) of the Brady Handgun Violence Prevention Act that the national instant criminal background check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter, unless - (A) before the completion of the transfer, the licensee contacts the national instant criminal background check system established under section 103 of that Act; (B)(i) the system provides the licensee with a unique identification number; or (ii) 3 business days (meaning a day on which State offices are open) have elapsed since the licensee contacted the system, and the system has not notified the licensee that the receipt of a firearm by such other person would violate subsection (g) or (n) of this section; and © the transferor has verified the identity of the transferee by examining a valid identification document (as defined in section 1028(d) of this title) of the transferee containing a photograph of the transferee.
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NICS checks
NICS Background check is controlled by USC 922(t)(1), which includes (B)(ii) that says if 3 days has passed with no rejection, FFL can proceed with transfer. But when have you ever heard an FFL do that? Also USC 922(t)(3)(A) says if the buyer presents a permit that allows for possession and acquisition of firearm, and is issued less than 5 years ago, the NICS background check is not needed. But when have you ever heard an FFL look st your NJ FID and say, "Nope you are good. No background check for you." NJ statutes concerning firearm transfer are in NJ Administrative Code title 18 chapter 54 1.3, and it just deals with FID and pistol permit, nothing about point-of-purchase background checks: those are all federal. We are all waiting around for 10-23 days, when we really don't need to be. It is not the laws stopping the transfer: there is nobody to sue.
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NICS checks
I am wrapping up day 9 here. I am all for supporting the LGS, but at this point perhaps my next purchase will be out of state.
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PUT AN END TO THE NICS MADNESS
We can start with retaining paper trail of when NICS background check began and when it complete.
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S649 - Public Safety and Second Amendment Rights Protection Act (Amended by Manchin and Toomey)
Brand new Section C, creating a bi-partisan commission that will write an interim report in 3 months and final report in 6 months. Page 37, starting line 7 " Subtitle C - National Commission on Mass Violence... Section 142. National Commission on Mass Violence (a)... There is established a commission to be known as the National Commission on Violence to study the availability and nature of firearms, including the means of acquiring firearms, issues relating to mental health, and all positive and negative impacts of availability and nature of firearms on the incidents of mass violence or in preventing mass violence. (b) Membership (1) Appointments - The Commission shall be composed of 12 members of whom (A) 6 members of the Commission shall be appointed by the Majority Leader of Senate, in consultation with the Democratic leadership of the House of Representives, 1 of whom shall serve as Chairman of Commission and (b) 6 members of the Commissin shall be appointed by the Speaker of the House of Representatives, in consultation with the Republican leader of the Sentate, 1 of whom shall serve as Vice Chairment of the Commission." (2) Persons Eligible (A)... (ii) not less than 1 non-elected individual from each of the following categories, who has expertise in the category, by both experience and training (I) Firearms (II) Mental health (III) School Safety (IV) Mass media. Section 143. Duties of the Commission (a) Study (1)... to conduct a comprehensive bactual study of incidents of mass violence, including incidents of mass violence not involving firearms, in the context of the many acts of senseless mass violence that occur in the United States each year, in order to determine the root causes of such mass violence. (2) ... any matter the Commission determines relevent... including at minimum (A) the role of schools (B) effectiveness of and resource available for school security strategies © the role of families and the availability of mental health... to help familities detect and counter tendencies toward mass violence (D) the effectness and use of... the mental health system in understanding, detecting and countering... (E) whether medical doctors and other mental health professionals have ability.. to notify law enforcement officials when patient is a danger to himself or others (F) the nature and impact of alientation of perpetrators.. (G) the role that domestic violence plays in causing incidents of mass violence. (H) effects of depictions of mass violence in media (I) availability and nature of firearms... (J) the role of current prosecution rates in contributing to the availability of weapons (K) the availability of information regarding the construction of weapons (L) the view of law enforcement officials, religious leaders, mental health experts... (M) incidens in which firearms were used to stop mass violence (N) any other area that the Commission determines (b) Recommendations... shall make recommendations to the President and Congress.. © Reports (1) Interim Report - Not later then 3 months after ... Commission first meets. (2) Final Report - Not later than 6 months after... Commission first meets.
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S649 - Public Safety and Second Amendment Rights Protection Act (Amended by Manchin and Toomey)
Starting page 33, clarifies FOPA 926A to cover cases like Greg Revell. Page 33, starting line 5 " (1) includes staying in temporary lodging overnight, stopping for food, fuel, vehicle maintenance, an emergency, medical treatment, and any other activity incident to the transport." Ruling from Court of Appeals for Third Circuit. "Revell said he had been forced to stay overnight at a hotel in Newark Revell thus had access to his firearm and ammunition during his stay at the New Jersey hotel, whether or not he in fact accessed them and regardless of whether they were accessible while he was traveling by plane or van. That crucial fact takes Revell outside the scope of § 926A’s protection,...Although we conclude that Revell fell outside of § 926A’s protection during his stay in New Jersey, we recognize that he had been placed in a difficult predicament through no fault of his own. However, Section 926 clearly requires the traveler to part ways with his weapon and ammunition during travel; it does not address this type of interrupted journey or what the traveler is to do in this situation."