Text 1124, 108 rader
Skriven 2009-11-04 16:50:50 av Roy Witt (1:387/22)
   Kommentar till text 1080 av Bob Ackley (1:300/3)
Ärende: Australian First in Citizen Snooping
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01 Nov 09 05:11, Bob Ackley wrote to Roy Witt:

 BA>>> In the US most communities have some sort of gun registration law
 BA>>> on the books.

 RW>> That's a crock of shit. You might correct your statement by stating
 RW>> that most big cities, such as New York, Chicago, L.A. and some of
 RW>> their suburbs have some sort of gun registration law. Although
 RW>> California has the worst gun programs in the 50 states, there was no
 RW>> law requiring anyone to register their guns in San Diego, the 3rd
 RW>> largest city on the west coast.

 BA> Actually, in this area Omaha, Lincoln and Plattsmouth in Nebraska all
 BA> have such registration laws on the books.

Local law may not supercede NE's state Constitution, nor federal law.

                           Rifles and Shotguns Handguns
Permit to Purchase           No                  Yes
Registration of firearms     No                  No
Licensing of Owner           No                  No
Permit to Carry              No                  Yes*
*As of January 1, 2007.

STATE CONSTITUTIONAL PROVISION
"All persons ... have certain ... rights, among these are ... the right to
keep and bear arms for security or defense of self, family, home, and
others, and for lawful common defense, hunting, recreational use, and all
other lawful purposes, and such rights shall not be denied or infringed by
the state or any subdivision thereof." Nebraska Constitution art. 1, sec.
1.

 BA> Presumably other municipalities in the state have similar laws.

Then they're violating state law...

 BA> If one wishes to purchase any sort of hand gun in the state one must
 BA> get permission from the local county sheriff - and that permission
 BA> must be renewed every five years.

Nebraska law:

Handgun means any firearm with a barrel less than sixteen inches in length
or any firearm designed to be held and fired by the use of a single hand.
To purchase, receive, or sell a handgun, a certificate is required,
unless:
 The transferee is a federally licensed firearms dealer;
 It is an antique handgun;
 The transfer is to a law enforcement agency;
 It is a temporary transfer and the transferee remains (a) in the line of
sight of the transferor or (b) within the premises of an established
shooting facility; or
 The transfer is between a person and his or her spouse, sibling, parent,
child, aunt, uncle, niece, nephew, or grandparent.

Application for the certificate may be made in person or by mail with the
sheriff or police chief of the applicant's place of residence. A
background check is conducted within 2 days. A fee of $5.00 shall be
charged for a criminal history record check. Upon receipt of the
application, the chief of police or sheriff shall, within 2 days, issue
the certificate or furnish the applicant the specific reasons for the
denial in writing. A certificate shall be issued if the applicant is 21 or
older and is not prohibited by law from purchasing or possessing a
handgun. The certificate is valid throughout the state for 3 years to
purchase any number of handguns.

 BA> In Iowa you can't just sell (or buy) your guns, the transaction must
 BA> be handled by a licensed firearms dealer (who takes a cut even if
 BA> s/he isn't directly involved in the transaction).

Apparently not.

Iowa law:

No state permit is required to purchase a rifle or shotgun.
A permit is required to purchase a handgun. The permit to
purchase may be used to purchase more than one handgun. The
permit is required for non-dealer purchases as well as purchases from
a dealer.

 BA> When guns are sold at auctions, they are escrowed by the auctioneer
 BA> with a local licensed firearms dealer who completes the transaction.

As is the case in every state. This is in compliance with federal laws
under the 'gun show' clause.

 BA>>> In addition, the US BATF is notified of all gun sales and
 BA>>> transfers of ownership (the legal sales and transfers, that is).

 RW>> Notified and then must destroy that information within 30 days.

 BA> Don't bet anything you can't afford to lose that ATF destroys any of
 BA> that information.

I'd bet on that. The NRA keeps track of what the ATF does with those
records and has made them comply with the federal law that requires those
records to be destroyed. I'll trust the NRA to know when the ATF needs to
conform to the law.

 BA> They've been notorious for ignoring laws they don't like for years.

Until the NRA calls them on it. The ATF is not above the law.

                R\%/itt

    You can put lipstick on a pig, but the pig still stinks!
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