repost:
#: 427458 S14/GUN Politic/Legal [PERSONNE]
14-Jul-99 10:30:13
Sb: FBI acts on its own
Fm: Sysop Bill Clede/CT 76702,2011
To: All
From: Alan Korwin <alan@bloomfieldpress.com>
ACTING ON ITS OWN, FBI CLOSES GUN SHOWS NATIONWIDE
Congressional Oversight Apparently No Longer An Issue
by Alan Korwin
For Publication, 454 Words, Monday July 12, 1999
One-time North American Serial Rights, Copyright 1999 Alan Korwin
Not-for-profit circulation approved.
In what seemed like an arbitrary and capricious attack on U.S. commerce,
the FBI, without warning, closed gun shows and the firearms business in
general on Sunday, by turning off its national instant background check
system (NICS) for the day.
Touted as a crime-fighting tool by anti-gun-rights supporters, the NICS
background check more closely resembled socialist control of a segment
of the economy, at least for the day. Dealers at the sprawling
Crossroads gun show in Phoenix reported being severely hurt by the FBI's
move, which the Bureau characterized as routine maintenance.
Record-breaking crowds at the show, fearing more severe repression of
gun-buying rights threatened by the Clinton administration, found that
their only option for obtaining firearms was through private
transactions, since dealers were totally shut down. The president,
along with many members of Congress, are seeking total control over
these private sales as well, calling such legitimate and legal activity
"a loophole."
It's important to note that Brady Part 2, which authorizes NICS, only
requires its use if it is up and running (18 USC 922 (t)(5)). But
dealers, terrified of reprisals by BATF, are now afraid to sell
merchandise to American citizens without a prior federal blessing. This
gives the government lock-step control over a portion of the American
economy and exercise of civil rights that were previously untouchable
under constitutional guarantees, which now seem dead.
In other news, a detailed analysis of the 1999 Omnibus Funding bill has
been completed for the upcoming third edition of "Gun Laws of America,"
the unabridged guide to federal gun law. It reveals that, although
Congress says in a side note it provided $42 million in funding for the
NICS system, NO ALLOCATION TO RUN NICS APPEARS IN THE FUNDING BILL. =
This means that, in addition to operating against explicit written law
(18 USC 926(a)(3); 18 USC 922(t)(2); P.L. 103-159 Sec. 103(i)) by
recording the names of all innocent retail gun buyers nationwide, the
authorities are running NICS without any direct OK from Congress.
Experts don't expect Clinton's administration to take action against the
apparently flagrant abuse of power. The government is simply running
regardless of its authority to do so.
Congress is reconvening this week following its Independence Day
recess. Consideration of the juvenile justice bill, which is packed
with gun-control laws that would only affect adults, is on the agenda of
many legislators. Included is a provision that would outlaw legal
private transfers of firearms between honest adult citizens, without
prior approval by the FBI. Considering the Bureau's recent actions,
such a law might be ill-advised. Permission to forward this report to
your representatives is granted.
- -------------------------------------------------------
ALAN KORWIN is the author of the unabridged guide, "Gun Laws of
America--Every Federal Gun Law on the Books, with Plain English
Summaries," and state gun-law guides for AZ, CA, FL, TX and VA.
This paper is part of an ongoing series, click Position Papers
on our home page, or contact us for copies.
Call, mail, fax or click to reach us:
Alan Korwin
BLOOMFIELD PRESS
12629 N. Tatum #440
Phoenix, AZ 85032
602-996-4020 Phone
602-494-0679 Fax
1-800-707-4020 Book orders
http://www.gunlaws.com
