Reason for BC and FOID cards

In the video - the shooter appears to be in the back seat, right behind the driver....
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The video in the linked article is yet another example of the "journalistic integrity" prevalent today.

It is NOT video of the shooting incident described in the article. It is, (or was) "related" video of showing a shooting in NEW JERSEY. The shooting described in the article happened in CHICAGO. Closely related, I'm sure..:rolleyes:

The article said there was video (from Jul 21st) but neither shows it or links to it.
 
The video in the linked article is yet another example of the "journalistic integrity" prevalent today.
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:D :D LOL!....I should be sorry for being duped,,, but,,,for some reason all I can do is shake my head and laugh at the media for being the way they are!

One drive by is the same as another in their eyes I guess.

Maybe next story will feature the Zapruder film eh?
 
FOID is just a deterrant to all gun owners and a cash cow.

Michigan Gun Owners/MI open carry is proving that w/ CPLs in MI. They are really in it for the $$$$
 
In light of what has happened over the past 14 days and the Loud far reaching cry for Better Background Checks or Red Flag Laws I believe we are in for a tough time.

With the current HIPAA Laws what good really do background checks do? Vital information on a persons state of mind are never put forth. We already know that the criminal side does not submit to background checks otherwise we wouldn't see the numbers of felons arrested while in the possession of a firearm.

I cannot see a law written that will protect people from abuses or targeting with RED FLAG laws even though I think it could be a good idea. For instance in the case of a messy divorce or separation what's to keep someone from claiming they fear for their life from their estranged spouse just to force them into looking bad and then have to defend themselves against that claim. Heck this could even go as far as a neighbor dispute.

I feel the need to speak up and contact my congressman who for me fortunately is a 2A supporter. I'm just not sure I know the right way to express my feelings or if it will make a difference.

Sorry just feeling Blue and angry at the same time.
 
Wouldn't being subjected to a background check violate the 5th amendment right to not incriminate one's self if one was emotionally/mentally challenged?
ACLU are you listening?
 
Wouldn't being subjected to a background check violate the 5th amendment right to not incriminate one's self if one was emotionally/mentally challenged?
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Emotionally/mentally challenged? No.

Being adjudicated mentally incompetent, under the process set forth in the GCA 1968, and deemed a prohibited person? Yes.

Same for convicted felons. They are prohibited persons, cannot legally possess a firearm, so going through a background check would be self incrimination, under the 5th Amendment.

This is why you never seen a felon in possession of a gun being charged with "failing to register" said firearm. their 5th Amendment rights mean they don't have to register a gun that they legally cannot possess.

In other words, they can't legally have a gun. Therefore, registering a gun they can't legally have is self incrimination.

One can be "emotionally/mentally challenged" but until one is declared by a court to be a prohibited person, ALL legal rights still apply, including the right to firearms.
 
So the criminal is exempt and the unstable are protected. Nice.
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It seems perhaps I wasn't clear enough. The criminal is only exempt from being charged with failure to register, they are still charged with illegal possession.

The unstable aren't legally unstable until after a court rules they are. Until then, they are legally the same as the rest of us.

In a way its like the mass killer "buying the gun legally". well, DUH, they weren't a mass killer when they bought the gun. Technically, and factually, until they pulled the trigger on someone they were a law abiding citizen, the same as ALL THE REST OF US.

It's a small point, but one many people seem unable, or unwilling to comprehend.
 
Specifically to 44AMP but other replies "welcomed". You mention "failure to register a firearm". Is this only applicable in some certain states (usually firearm hostile). I often hear on the news "perpetrator charged with possessing an unlicensed/unregistered firearm". Is there a Federal registration I have missed somewhere along the way?

Suggestion for ADMIN. Always include poster's state of residence in "location".
 
Yes, the possibility of being charged with an unregistered gun only applies in those states that require registration, of the gun or the owner.

Several states require a FOID (Firearm Owner Identification Document) of some type. Others require a permit for possession of a handgun, and this can involve some form of registration.

In NY state, for one example, a permit is required just to posses a handgun, and if the gun isn't listed on your permit, you aren't legal to possess it. If there was no other crime involved, you would be charged with possessing an unregistered pistol (illegal possession) which is really only a "paper crime" however NY takes it pretty seriously.

A felon in possession is also illegal possession, but it is a different class of crime, and a more serious matter.

I often hear on the news "perpetrator charged with possessing an unlicensed/unregistered firearm". Is there a Federal registration I have missed somewhere along the way?
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As far as I know there is no Federal registration (beyond the 4473 form, and what ever background check information the Feds retain, if any). However, the news will almost always report "unlicensed/unregistered firearm" simply because it is true.

True where registration/licensing is required, and ALSO true where it is NOT required. Where not required, ALL firearms are unlicensed/unregistered, its just the news doesn't bother to mention that small detail.

It may seem like a Catch-22, but its not. it is actually a fair and even application of 5th Amendment rights. Simply put, the 5th amendment protects us all from being charged with failing to self incriminate. The state recognizes this, and so doesn't bring charges they know will be dismissed.
 
So then why cannot we all just refuse the background check claiming that doing so may self incriminate myself?

I mean I do not know, follow of understand every single new law that is written and put on the books. I may have broken an law and didn't even know it!

Just exactly who is it this background check law is supposed to detect? We have already eliminated Criminals and those that are unstable.
 
The case explaining this legal principle is Haynes vs. United States. However, note this doesn’t make background checks or registration illegal - it just says you can’t force someone to self-incriminate.

So then why cannot we all just refuse the background check claiming that doing so may self incriminate myself?
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You can refuse a background check. And you won’t get a firearm. There is no requirement you self-incriminate yourself involved.
 
It costs money to prosecute and punish criminals. Flip the coin over and you will see that requiring lawful gun purchasers to pay for a background check has the potential to be profitable. So there is a revolving door at our jails for petty criminals; it's catch and release, if the authorities are even willing to make an arrest at all. Meanwhile, the hard-working honest folks must pay all kinds of fees and taxes and penalties, because they have a job and can be made to pay. This is a symptom of the decay of society when the guilty go free and the honest must pay. The unfairness of it all can be especially acute when it comes to the subject of firearms: No one expects you to surrender your car just because some yahoo drove off the road drunk at high speed and others got killed. At the same time, there is a considerable portion of society that would have all of us turn in our firearms because of what terrible things have been done by criminals that used guns to do their hateful deeds.
 
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