TRACKS THE LAWLESS, NOT THE LAWFUL
by Dwight Kehoe, TPATH and Mr. Nicholas Purpura, SAPPA Group, ©2014
Even if this law was not unconstitutional, which it clearly is, the astounding inanity of it is only surpassed by the ignorance of its sponsors. The same obtuse players in this game of deception are back again working to have this law renewed. Hopefully with the upcoming November elections looming, enough US Senators will be more concerned about keeping their cushy jobs than assisting the government in its effort to infringe on our rights.
Which brings us to yet another government control and intimidation venture. The Criminal Background Check. Senator Feinstein has been fabricating data in an effort get that 1994 law renewed and is once again pushing for a Federal Gun Registry containing the names, addresses and weapons owned or purchased by legal and law abiding citizens. They call this registry the Criminal Background Check. They claim, you might be interested in knowing, that they do not intend to keep information on legal gun purchasers in their data bases. Oh yea, and they won’t spy on Americans, use the IRS to intimidate politically minded citizens or supply dangerous weapons to murderous drug cartels.
Let’s set the record straight, there are no gun groups or legal gun owners who would not support a law which would help keep weapons out of the wrong hands if done constitutionally. This includes national organizations such as the NRA or local groups like NJ2AS and SAPPA Group. But that is not what the goal is for your government and those leftists now in control of it. They want those who would seek to purchase a legal weapon to fear being singled out and possibly targeted, and therefore intimidated into not owning a firearm. Don’t fool yourselves, the purpose of this registry has nothing to do with keeping the people safe and everything to do with keeping government secure and able to mount a confiscation campaign when and if they decide it’s necessary.
Some of the world’s past rulers would applaud the cunning originality of these measures, if in fact they were original. But alas, they are not. Mass graves, located in countries around the world, are testament to the very popular government registry programs implemented by fine folks such as Hitler, Stalin, Castro, Pol Pot and Goebbels. Just to name a few.
In that light, we have a very significant question. Why does your government not have a database with those who should not be allowed to own or purchase firearms, but instead wants one that lists honest citizens who desire to avail themselves of their right to self-protection? For the answer to this, reread the above two paragraphs.
This is the age of the internet, the intranet and information data bases linked by town, state and country. Everyone who owns a credit card knows just how much those companies know about their card holders. Instantly, upon using a card, the company analyzes the amount you are spending related to the amounts you usually spend, what you are purchasing and what country you are doing the purchasing in.
If the true goal of this government was to keep weapons out of the hands of criminals, terrorists and the insane, they could use the technology used by the financial industry to do so. In a matter of months criminal records of individuals who have been adjudicated as felons, mentally unstable or on terrorist watch lists could all be tied in together to create a searchable database.
Towns would report to counties, counties to states and states to the Federal Government. Every new conviction, fitting a category which would prevent gun ownership, every physiological evaluation and every suspected terrorist would automatically be uploaded to the National Criminal Registry.
For sure this would open the door for persons being unfairly put into this system so there would have to be an Overview Board made up of six persons appointed by a Congressional Committee. That Board will hear and rule on the status of persons who believe they are wrongly on the list. To be removed form the list a majority of the board must vote in favor of the removal.
Once the National Criminal Registry is up and functioning it will provide a gun dealer or an individual with the ability to log on to it, input the name of the potential purchaser to find out if he is on the no-purchase list. If he is not, that search will be deleted and the purchase can be made. If the potential buyer is on the list, his illegal attempt to purchase a firearm will automatically be sent to either a state or local prosecutor for criminal charges.
The National Criminal Registry (NCR):
- A National database will be created and linked with each state whereby all persons convicted of felonies, those adjudicated as mentally unstable or who are on the government’s terrorist watch list will be listed there.
- The cost of connecting to and setting up and maintaining this data base will be paid for by the Federal Government with 50% and the several states, proportionate to their population, paying for the other 50%.
- The NCR will not, under criminal penalty, retain any information regarding those who are legally seeking to purchase firearms. If the search returns as no violation the seller will be so informed and that search will be deleted form all records.
- An independent auditor will be appointed to ensure that the search deletions are being done as required. This auditing firm must be approved by a Congressional Committee.
- If a search finds the potential purchaser to be on the no purchase list, that information will be automatically transmitted to the a Federal Prosecutor and to the State Authorities where the purchase was attempted.
- The seller will not be required to arrest or detain the person attempting the illegal purchase but he must inform the buyer that he is in NCR and may have just committed a felony. The seller must keep a record of the illegal attempt and report the effort to state or local officials upon request.
- The search into the NCR will not require a description of the weapons to be purchased or the amount or type of ammunition being purchased.
- The seller will be required to see sufficient documentation to ensure the potential purchaser is who he says he is. False identification by a potential purchaser will result in a 10 year mandatory person term in addition to the penalties already in place in the state where the illegal attempt has been made.
Penalties, adjudications and prosecution:
- The seller of firearms, personal or professional dealers, will be required to ensure their buyer is not on the NCR. There will be no cost or usage fees for the use of this data base. Failure to make use of the system by a seller will be prosecuted under state law. Penalties to be set by the state.
- Misuse of the NCR, for personal reasons or invasion of citizens’ privacy will be a criminal offense to be handled by the state according to its laws. The NCR will record and maintain the name of the searcher but will not retain the name of the searched, unless the purchase attempt was illegal.
- Legally licensed and authorized firearms dealers, making trades or sales between themselves, are not subjected to the NCR search requirements.
- The first attempt to purchase firearms or ammunition by a person in the NCR will generate a warning notice to the purchaser and a record of that request will be maintained in the NCR. There will be no criminal offense for the first try which gives the purchaser the benefit if the doubt as to his status.
- Attempting to purchase a firearm or ammunition, in a second attempt, by a person who is in the NCR will be a felony and penalties will be as set up by the state where the illegal purchase was made.
- Any individual can access NCR to check his status before he tries to make a purchase. There will be no penalty for that search if it returns a no purchase response. That search will count however as the one time free effort to purchase. Any subsequent purchase attempts will trigger prosecution.
- Any individual who feels he has been put into the NCR wrongly or wishes to contest his name being there can request a review by a six person Federal Panel. To be removed from the NCR the panel must vote in the majority. This panel will be appointed to five year terms and be seated by a Congressional Committee.
Existing laws and applications of them:
- This ACT will, when approved and enforced, provide for the safety of the citizens and will do all that is possible to prevent the unlawful ownership, use and sales of firearms and it will do so within the dictates of the Second Amendment.
- It will be unlawful for any and all violations of this ACT to be plea bargained away. Any illegal attempt to purchase a firearm, as described herewith, shall be prosecuted.
- In an effort to get criminals off the street and in prison, any penalties, Federal or State, for crimes committed with a firearm shall not be plea bargained away. The full penalties for crimes committed with firearms shall not be dismissed.
- This ACT will, when approved, make null and void all existing Federal laws which infringe on the rights afforded the American people by the Bill of Rights. Those states cooperating with and making use of the NCR must pass legislation voiding any unconstitutional gun laws they may have.
This ACT provides for a workable system to help keep firearms out of the hands of those who should not possess them, creates a reliable tool for law enforcement, dealers and individuals to help in that effort while not infringing on the rights of law abiding citizens. The creation of the National Criminal Registry will help keep track of those who might endanger society while preventing governments, state and national, from having and using information about law-abiding citizens the Constitution forbids.
Please understand that all the work the SAPPA Group is doing will go for naught without the help of the people. We can all do our part by getting this information out to others, contacting Assembly persons and State Senators as well as US Congressmen and Senators. Send them these proposed ACTS as well as any ideas you might have. For anything to get done, many need to get involved.
Permission is hereby granted to copy, post or re-transmit this page or any article posted on www.tpath.org