Debt Ceiling and NICS

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war_elephant

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Has anyone given any thought to what will happen when/if Leader Obama has the NICS center shut down as "non essential" when they have to start shutting down the Govt to pay for welfare, etc? I am thinking that sometime Tuesday or Wednesday, maybe by Friday of next week, you may not be able to by a firearm anywhere in the US. Hmmmm.
 
It's times like this I am SOOOOOO thankful for the vigilance of the Nebraska Firearms Owners Assn! They, along with many local gun clubs/ranges kept State Senator Brad Ashford and the NRA from abolishing our Firearms Purchase Permit (allowing you to do your background check ahead of time and not worry about NICS being out to lunch or on vacation or whatever) ..... Ashford had a sneaky back door deal with the NRA to trade abolishing that (something we LIKED!) for adding a perpetual panel to name guns that were "too dangerous for civilain ownership" (something gun owners hated the very idea of)..... Ashford sez he is a Republican ...... The NRA sez it fights for gun owners ...... with friends like that.........:mad:

So NICS can shut down for all I care.

I just hope they shut down the DoEd., the DoT, the DEA, the DHHS, etc. ..... oh yeah, if they can get the Treasury to stop the presses, that'd help.

If the Federal gubmint were forced to stick to a balanced budget, things would be much better ....... maybe they'd be more careful with the money they had rather than squandering so much of it because "there's more where that came from" .....
 
Don't think we need it in Georgia if you have a Firearms License you are good to go. Funny if you eliminate a lot of needless regulation how much less Government you actually need.
 
I think the NICS service is contracted for firearm purchases. I do not know what all the fuss is about NICS the longest wait I have ever had was about 7-8 minutes. Usually it takes 5 mins or less for every purchase I have made.
 
NICS is operated by the FBI.

If for whatever reason NICS were to be shut-down (read defunded/no funds), you had better believe that an immediate filing for an Injunction would be filed in D.C. Even without Ezell as a persuasive precedent, it wouldn't take long for a Permanent Injunction to be issued to enjoin enforcement of 18 U.S.C. § 922(t), the Brady NICS check, as long as it remained, now or in the future, incapable of functioning.

The NICS check itself would not be ruled unconstitutional. It is a very narrowly tailored law that is directly related to a compelling government interest. This law can and will withstand the strictest judicial scrutiny. It is only when/if it fails to function, by government action/inaction that it can then be enjoined, as it would then constitute a complete ban on guns. Something that is absolutely precluded by Heller.
 
It is only when/if it fails to function, by government action/inaction that it can then be enjoined, as it would then constitute a complete ban on guns. Something that is absolutely precluded by Heller.
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Al, I'd never, ever thought of it that way. Nice.
 
Ya gots to be careful, Tom. Reading all these court briefs over the years has made mush of my brains! :eek: (or I'm beginning to think like a lawyer :p )
 
It is only when/if it fails to function, by government action/inaction that it can then be enjoined, as it would then constitute a complete ban on guns. Something that is absolutely precluded by Heller.
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One more reason on a LONG list of reasons to starve the .gov of money!

Who is John Galt?
 
Reading all these court briefs over the years has made mush of my brains!
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Seems like pretty sharp mush to me.

So, basically, our exercise of the 2nd Amendment is dependent on the operability of an an intrusive computerized government background-check system. And the courts would likely agree.

Thinking about it too much is like keeping track of the chronology in all the Planet of the Apes movies. I need to lie down for a bit.
 
To further confuse the issue....
So, basically, our exercise of the 2nd Amendment is dependent on the operability of an an intrusive computerized government background-check system. And the courts would likely agree.
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Not exactly. The instant check law only applies to purchases through an FFL dealer. And, please correct me if I am wrong, but if the system is inoperative, doesn't the law allow for the purchace anyway, after a certain number of days? It not the same as being denied, it is no response at all.

Private party sales (where legal under state laws) would be unaffected, I believe. Dealer sales would be slowed, but not eliminated.

Would state waiting periods (where they existed before Brady) come back into effect, if the instant check system becomes non-functioning due to govt budget decisions? A court might rule that way, might it not?
 
There is a basic problem with that rationality, 44 AMP.

Many FFL's I know, would not proceed with the sale without the NICS approval. It's called, CYA.

In the current scenario, the NICS isn't even operational. The phone call doesn't occur (for those States that call the actual NICS). In other States, where the FFL calls a State agency (who then does its own check and a NICS check), care to opine what they would say? Bethcha get a "do not proceed." Even the States would CYA.

In order for the 3 days to pass, one first has to connect with the NICS. Time doesn't start until that vital connection is made.
 
Many FFL's I know, would not proceed with the sale without the NICS approval. It's called, CYA.
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Actually, the call is required by law. Unless the buyer is exempt from a NICS check, there has to be an NTN recorded on the form.

Back when the NICS system first went on line, it wasn't uncommon for it to go down for days on end, resulting in a de facto waiting period. Gold star for the first person who can tell us who was running it back then...
 
Al, I see your point....

And it is completely understandable for the FFLs to CYA. After all, better to lose a sale or three than lose your license!

I stand (sit, actually) corrected!:o
 
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