Wednesday, March 05, 2014

Expansion to Gun Background Checks ... can He do this, legally?

Bypassing Congress, DOJ to Announce Expansion to Gun Background Checks:

The Department of Justice (DOJ) is preparing to announce an expansion of background checks based on executive orders president Obama issued in January 2013. According to The Hill, the expansion consists of "three changes to the National Instant Criminal Background Check System (NICS)." Two of the changes "will grant tribal access to NICS and authorize law enforcement agencies to use the system to run full background system checks before returning guns that have been seized or confiscated during the course of investigations." The third change "involves consolidated, electronic storage of information on gun purchases that have been denied via the NICS system." Obama's January 2013 executive orders were issued in response to Adam Lanza's heinous crime at Sandy Hook Elementary.
 My previous article referring to NICBS (NICS) efficacy notwithstanding, the Instant Check System seems destined to be "expanded" per Presidential fiat.

The "expansion" measures (based solely upon this article, so far), seem limited to three areas:

  1. allow "tribal" access to NICS to use the system to run full background system checks before returning guns that have been seized or confiscated during the course of investions.
  2. allow other 'law enforcement agencies' the same access to fun full background system checks
  3. "consolidate electronic storage of information n gun purchases which have been denied via the NICS system"
On the surface, this seems relatively innocuous.

However, the original law which established the NICS system required that all records of transactions be deleted from the system within (a short time .. 24 hours?  One week?  I disremember ...) after the check is completed and found to be permissible.

If the check reveals felonious activities in the history of the purchaser, the transaction is not allowed to transpire ... and data then may be retained.  But if the purchaser's background check shows no sign of criminal activity, the purchase is presumably allowed and .. even if the purchaser changes his/her mind and does not complete the transaction, the information must be deleted.

Either way, the purchaser does not buy the gun; or the purchaser buys the gun, and the federal records are expunged.

So .. what information remains available for "tribal" or "other law enforcement agencies"  to access?

This makes NO sense at all!

The ONLY data which might be available to any LEO agency (tribal or otherwise) would be about a failed transaction which was never consummated.  Therefore, if a subsequent transaction transpired successfully, the records of THAT transaction would be deleted within hours or days.

The only thing that makes sense is if Obama ... again, by presidential fiat ... declared that the restrictions on records retention of the NICS shall be abrogated, and therefore that sales history would remain permanently on NICS databases.

  • this edict is entirely without resources to be enforced, and is without the means to function, or
  • the president is deliberately breaking the law, and obviated the clear mandate of the Congress which passed the law.
Checks and balances.  Are they fair game for The Chosen One?

1 comment:

Anonymous said...

Something doesn't make sense. The DOJ can require one to produce a photo ID and undergo a background check to purchase a firearm (a right under our constitution), yet the same DOJ tells the state of Texas they cannot require a photo ID or proof of citizen ship to vote.