Confiscation Of Guns From Prohibited Buyers Highlights National Gun Registration


Firearms Gun Registration
Confiscation Of Guns From Prohibited Buyers Highlights National Gun Registration

Fayetteville, Arkansas – -( According to a report by USA Today, the FBI and ATF are cooperating to seek the seizure of over 4,000 firearms from buyers who are prohibited, but were not identified within the seventy-two hours allowed for the completion of a background check.

The article expresses concerns over risks to law enforcement in going after the guns of people who shouldn’t have them, regrets the lack of success, and blames the “gun industry,” though oddly without mentioning the NRA.

The checks in question go through the NICS, the National Instant Criminal Background Check System. If you’ve bought a gun at a licensed dealership, you already know about this, at least the experience of filling out the Form 4473 and waiting for the telephone call to be completed. In my state, those of us with a carry license are regarded as having been checked out in advance, but we still fill out the paperwork.

The instant part of NICS is often aspirational, rather than reality, but the current system is better than the five-day waiting period that was a part of the original Brady Bill.

Given the nature of the Information Age, background checks should be an easy thing, but computers can only provide what they’ve been given, and as the shootings at the churches in Texas and South Carolina illustrate, when the data aren’t entered, waiting three days isn’t likely to generate information out of nothing. And the law can’t arbitrarily declare that rights will be delayed until enough time has gone by to overcome the presumption of guilt that the background check system implies.

But 4,000 guns taken from people who are not allowed to have them—people like the Texas shooter who have been convicted of the heinous crime of cracking the skull of his child, for example—is a good thing, right?

It sounds that way, especially when the number is compared to total sales in a given year, figures that run into the tens of millions. The totals have come down somewhat since the election of Donald Trump, and still they’re in the millions.

Why does this matter? The suggestion is that the vast majority of gun sales are legal. Suggests, though doesn’t prove, and remember that passing a check is only a statement that nothing against the buyer is in the database. But at least it says that after some degree of examination, most people purchasing a firearm from a licensed dealer get a a pass a “good guy/girls”.

A bigger problem here is that the background check system is being used in exactly a manner that we have been promised that it would not be used, as a registry.

The Firearm Owners Protection Act of 1986 specifically bars federal agencies from using the purchase records of gun dealers as a “system of registration of firearms, firearms owners, or firearms transactions or dispositions.” The exception is that the Attorney General can use the records in criminal investigations. Of course, what is a registry if not a list for the purpose of making the job of law enforcement easier, easier to find the guns of criminals and easier to require legal gun owners to turn in their guns in the future if they don’t want to become criminals.

In the aftermath of the Newtown shooting, Senator Tom Coburn proposed a system that would allow buyers to run a check on themselves and get a go/no go response to show sellers. The sticking point for Democrats was that no records would be kept.

Greg Camp
Greg Camp

We gun owners have been promised repeatedly that gun control isn’t about confiscation. Yet as this latest report shows, the machinery is in place, and as long as the advocates of new restrictions appear to be operating in bad faith, we cannot give them any ground.



About Greg Camp

Greg Camp has taught English composition and literature since 1998 and is the author of six books, including a western, The Willing Spirit, and Each One, Teach One, with Ranjit Singh on gun politics in America. His books can be found on Amazon. He tweets @gregcampnc.

  • 10 thoughts on “Confiscation Of Guns From Prohibited Buyers Highlights National Gun Registration

    1. The answer is simple: Buy your guns from criminals!
      Problem solved.
      (what a quandary they might have if you somehow got caught with one of the “Operation Fast and Furious” guns Obama sold to the Mexican Cartels, yes?)

    2. “This year will go down in history. For the first time a civilized nation has complete gun registration. Our streets will be safer, our police more efficient and the world will follow our lead into the future.”
      Adolph Hitler 1935
      I bet Diane Feinswine salivates every time she reads this.

    3. A simple fix. States could endorse drivers licenses with an ok to purchase a firearm and an ok for concealed carry. No record of guns bought by the licensee. Take the feds out of record keeping

      1. by law, Feds are already prohibited the keeping of records of fiream ownership. So WHY are they still doing it? Someone nedds to take a big stick and whack them, Either end of their sick persons will suffice.

    4. For a number of years I had a Federal Firearms License (FFL). To this day, when I purchase a firearm from a dealer, I will occasionally get a “hold” on the purchase from NCIS. I have a friend who is a Border Patrol Agent and he ALWAYS get a hold on his purchases from NICS. The system is a mess. I sent my records in to the BATF when I gave up my FFL as is required by law and about a year later I was called in by the BATF to testify in a court case where one of the guns I sold was illegally modified and used in a crime. When asked about specifics of the sale I told them I could not provide them as I no longer had the records, that I turned them in as required. The BATF agent working on the case was then asked where were the records. He testified that, “They could not be located”. My attorney presented into evidence the signed return receipt for the records from the BATF records center where I sent them. Not only is NICS a clusterf*ck, but the BATF records center is a joke, as is the BATF. As far as they both go, the adage, “You can’t fix stupid” certainly is applicable.

      1. AND hiLAIRy’s Emails could not be located and 30 some FBI files could not be located either, until they were caught read handed due to another court case.

    5. Spot on. I’ve recently refuted dozens of forum posts that advocate universal registration. I wondered why leftists saturated media outlets with gun control instead of their clear and ultimate goal of confiscation. I assumed they stop short of the extreme because they know firearms owners won’t tolerate confiscation without unimaginable fury. Fact is leftists will temporarily settle for controlling little things like magazine size, ammunition taxes, license fees, sound suppressors, bullet shapes and on and on. Eventually they’ll get around to universal registration again. They need universal registration because it fundamentally transforms a hundred million owners into dependents. Once they know who the owners are, they’ll choose which of them are allowed to be licensed. It’s the consummate entitlement. The democrat party cannot survive without more than half the nation being dependent on the government. Entitlements earn votes for leftists who dispense them.

    6. At this time the NICS system keeps no record of firearm purchasers. It does track the serial number and retailer who sold the firearm. If the FBI, etc. finds a firearm used in a crime they go to the manufacturer with the serial number who tells them the retailer they sold it to and then to the retailer who looks up in his files the paper application completed by the buyer. To try to use this system for nationwide confiscation would be a logistical nightmare, especially when you consider that a substantial number have changed hands in the years since their original purchase. One of the problems the FBI has is that as these retailers go out of business they are supposed to send their records to the FBI. Most individual retailers go into bankruptcy and this never gets done. If you’re concerned about keeping your purchases private buy from an individual or, if you want AR-15/AR-10’s buy 80% lowers and finish them yourself.

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