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« Vlog of Second Amendment scholars conference | Main | Interesting post Heller case »

More on the NFA database errors

Posted by David Hardy · 14 January 2010 09:38 AM

David Codrea goes into it here.

Essentially, it's a federal felony to have an unregistered NFA firearm (machine gun, short barreled rifle or shotgun, etc.). ATF is tasked with maintaining the registry of those. But for decades it's been known that the registry has major omissions. It's been around for 75 years, and thing got lost. The folks actually entering transfers of firearms into it haven't always been the best. Some records were thrown away rather than entered. Wrong serial numbers were entered. Etc..

I once represented a major NFA licensed dealer, Curtis Earl, who was raided on nonexistent grounds. ATF checked his (very large) inventory against their records, and began piling supposedly unregistered guns on the floor. There were dozens of guns in the pile before Curtis pulled out his own records, and showed the agents that he had the registration papers sent by their agency. All the guns were back onto his shelves.

· National Firearms Act

2 Comments | Leave a comment

fwb | January 14, 2010 11:47 AM | Reply

Except that Congress has no punishment authority except in the three (four if you count punishing members) areas specifically enumerated in the Constitution, counterfeiting, piracy and felony on the high seas and violations of the law of Nations, and treason.

If one can't grasp this FACT, one should ask oneself, "Why was it necessary to grant Congress the power to punish counterfeiting when Congress had the power to coin money, etc? Why was it necessary to delegate to Congress the power to punish treason? Shouldn't they have had that power just because or under the necessary and proper clause? The truth is that the necessary and proper clause DOES NOT grant 'implied' powers and the absolute necessity of granting such specific powers is proof that there are no 'implied' powers.

If we had to give them these specific powers to punish, then we have to give them specific power to punish in EVERY SINGLE AREA.

But then logic is required to grasp these facts.
One must recognize that the delegation of such a power in one area of jurisdiction provides all the necessary evidence that such a power in a different area was withheld.

The federal government is wildly out of control. The police power was left to the states. Congress passes the laws. The States enforce, IF the States agree that the laws are Constitutional. This is another of the checks and balances placed in the Constitution.

Tiocfaidh ar la!

Kristopher | January 16, 2010 10:53 AM | Reply

The federal courts disagree with your position, FWB.

Guess who wins?

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