By Alexandria Kincaid
Second Amendment Attorney
Idaho -(AmmoLand.com)- Hawaii has become the nation’s leader in creating a national registry of gun owners.
Hawaii residents who own firearms will now be reported to a federal criminal record database called “Rap Back,” where they will be monitored for possible wrongdoing anywhere in the country.
Ignoring the mandate of “innocent until proven guilty,” FBI reports will be made to Hawaii law enforcement officials upon a gun owner’s arrest for any criminal activity, not a conviction.
While gun owners’ eyes are on Congress, state governments can and will take away our rights. As federal gun control legislation once again fails, a state government has now “acted where Congress has not.” Obama is not the only one who can use this tactic.
Watch and be active in your state governments!
Some of the worst gun control laws in the country have come from state legislation, not federal. Currently, the courts are not protecting us from it.
If such state reporting to the FBI is allowed by our courts, then states can simply:
- 1) require universal background checks; and
- 2) report all gun owners in the state to the FBI “Rap Back” list.
This state reporting flies in the face of current federal law that was designed to prevent a national gun owner registry. While the federal Gun Control Act (GCA) requires background checks on anyone who purchases a gun from a dealer, the Firearm Owners Protection Act (FOPA) prevents the creation of a national gun owner registry from those records.
You can even read this on the FBI’s own website, which recites that “The NICS [National Instant Criminal Background Check System] is not to be used to establish a federal firearm registry.”
Anyone who has bought a gun from a licensed dealer has witnessed the GCA and FOPA in action, because the GCA (with limited exceptions) requires the dealer to contact the FBI to conduct a background check whenever someone purchases a gun. This is why we fill out ATF Form 4473 each and every time we buy a gun from a licensed dealer. That form, however, is not supposed to go to the federal government. Instead, the paperwork (or electronic record) is kept at the gun shop, and in addition, federal law requires the FBI to destroy any record of the background check within 24 hours. Of course, we know that the government still has many records of these transactions (read more about how the government gets these records in my book, Infringed.)
Hawaii’s new law circumvents the bit of federal protection for gun owners’ privacy that was included in the FOPA.
History clearly shows us that registration precedes confiscation. As more and more states pass universal background check and gun owner registration laws, these states need only to include a requirement that registered gun owners also be reported to the federal database, and voila, the federal government knows who you are, what guns you have, and where you have them.
About Alexandria Kincaid:
Alexandria Kincaid is a former elected District Attorney and the founder of Alex Kincaid Law, a full-service, boutique law firm emphasizing constitutional, criminal, and asset protection (estate and business) law, and boasting the unique specialty of firearms law.
Alex Kincaid is hailed the Second Amendment Guru by the American Shooting Journal. Her expertise of the gun laws is relied upon by gun owners, gun businesses, and gun rights organizations across America, and her clients also include well-known firearms and firearms accessories manufacturers.
Alex is also the author of “Infringed” the ultimate gun law book, available on Amazon: https://tiny.cc/j11s8x . Or visit www.alexkincaid.com.
There is no way in hell will I ever let the Government know how many weapons I have or how much ammo I have. This is my 2nd Amendment right and I like it that way.
The same thing that happened in CT will happen in HI. The people will say “SCREW YOU politicians, we have this right!”, the cops will say “SCREW YOU politicians! We ain’t going door to door to confiscate arms, we might get shot.” and sooner or later this’ll hit the SCOTUS, and unless Hitlery is elected and stacks the court with libtard usurpers, it’ll be found UNCONSTITUTIONAL.
Anyone noticed the # of mom and pop gun stores going out of business lately?? Do you know what happens to the FFL ‘bound book’ when a dealer closes? This is the book that must be kept to register every gun going into or out of the dealers shop. The book must be handed over to the FBI upon closure. What makes anyone think that the info contained therein doesn’t go to a registry? Anyone?? Buehler?? If you’ve purchased any gun from an FFL since the intro if the NICS check, and that gun dealer is closed, merged or otherwise,… Read more »
Perzakly – but “everybody knows” that the feds wouldn’t do anything contrary to law. Well except maybe actually enforcing those laws against obvious wrongdoers. Wait, never mind, numerous courts (including scotus) have already ruled that criminals cannot be forced to fill such mundane forms as the 4473 since they would either have to lie on it or be prohibited from purchasing – seems like the feds are more interested in protecting the ‘rights’ of the crooks than law abiding Citizens………………..
too bad that rash of fires destroying the buildings of those Mom and Pop gun shops will manage to destroy those books…. so sad, that! Anyone else read any of the reports from gun shops about BATF agents coming round to “eamine” that A&D book, taking it off to the quiet of the office or such, and scrolling down the pages with a pocket line scanner and recording all the sale data in the book? One guy got feisty with the BATF clown and threw him out of the shop. He SHOULD have filed charges against the goofus for his… Read more »
The “bound book” from an FFL dealer that contains any information on gun transfers when he closes his business goes to the, “Closed Business” section of the BATFE.
BETWEEN L. LYNCH, and the X- SLICK WILLIE TARMAC MEETING, COMEY!!!!! GOT THROWEN UNDER THE BUS!!!!!!!!!!! I’M NOT STICKING UP FOR HIM, JUST A FACT,
“”” THE FIX IS IN”””!!!!!!!! HAIL HILLARY CLINTON!!!!! & AFTER SHE’S IN!!!!! WHAT’S GOING ON IN HAWAII IS GONNA BE THE LEAST OF OUR WORRIES!!!!!!!!!!!! SHE GONNA COME AFTER ALL!!!!!! OF OUR TOYS!!!!! FOR OUR OWN SAFETY,!!!!!! SO THEY’LL SAY!!!!WE DON’T NEED TO PROTECT OURSELVES.!!!!
So, since the Hawaii law would contradict the purpose of the federal NICS system, why can’t the feds simply refuse to allow Hawaii to participate or use the NICS system?
Well, since James Comey just sacrificed his integrity, and killed my trust of the FBI, I would say that they probably are keeping a secret database of all background checks done. Do you have a Patriot Act? They do.
A man who had just retired from Langley told me that they had a record of EVERY gun purchase in the past 30 years. So whether we want or accept it, registration is here to stay .. legal or not.
That, hijinx, is why the private poker game with strangers, garage sale, small town gun show are so important!
@SuperG,of course they keep an illegal database of all b/g checks. Hell just a few months ago the ATF was going into gun shops and ‘illegally’ making copies of 4473’s. I thought Comey had integrity too,but I have no trust in the FBI or any other federal alphabet LE agency since Hussein Obama started stinking up the White House. One really cool thing about a Texas LTC is that you don’t have to submit to a ‘call in’ background check. Less info is always best when it comes to the corrupt federal gov’t we have right now !
And the end of American freedom has started!!
Started!? American Freedom ended in the late 1800’s.
The year 1865 comes to mind…………
The end of the ‘war between the states’ comes to mind ?
more accutayely designated “the War of Northern Aggression”, which war began at least a decade prior to the false flag event commonly known as the firing upon Fort Sumpter. Bear in mind, as well, that the earliest gun control laws were enacted as a means of disarming the negroes, both before and after their freedom was enacted.
Hawaiian gun registration? This only serves to further encourage Chinese adventurism in the Pacific. If and when China decides to ‘claim sovereignty’ over a larger area of the Pacific they’ll know who has guns. LOL
Finally someone mentions the GCA of 1968. Few people realize that criminal Sen. Thomas Dodd copied word for word the NAZI Weapons Control Act of 1938 and criminal LBJ signed it into law with the blessing of the then leadership of the NRA. The American people were screwed! Source…Jews For The Preservation of Firearms Ownership.
What would you expect from the place where Obama has his fake birth certificate ? People living in socialist states need to move to a free state to protect themselves,family,and enjoy their 2A freedoms.
Remember the ” Battle of Athens” . We don`t run, we make the wanna be tyrants run. Are there no men left ? I will not comply, even if I must stand alone. Screw you Shumer,Pelosi,Obama, and the rest of you gun grabbers, nation wide.
I agree completely. Let them come!
Join us in support of the 1,000 Cleveland, Ohio police officers facing some 20+ THOUSAND protesters being bussed in for the, (RNC) Republican National Convention then again in Philadelphia for the (DNC) Democratic National Convention! See: https://oathkeepers.org
Hope the one’s being bused in for the RNC like the biker’s that said they would protect the people going to the rally’s/convention.
Uh, NO!?! Have you been paying attention?
The ones being bussed-in are BLM aggitators and plan to riot.
Numbers have been reported to be in thd area of 80-100 thousand.
We will NOT allow the police to face that alone.