TexasCHLforum.com

Charles L. Cotton wrote:[quote="RoyGBiv]
...
Respectfully... There is nothing in that post that comes from the new bill. All of your worries are possible in current law.
Please... Show me NEW infringements in the NEW bill. There are none, AFAIK.

Exactly right. The Bill does not add one single grounds for denying Second Amendment rights. The Bill 1) creates national reciprocity; and 2) tries to get states and federal agencies to comply with CURRENT reporting requirements. Anyone opposed to No. 2 is arguing that current law should not be enforced.

Chas.[/quote][/quote][/quote][/quote]

If the NICS current law contains everything that Cornyn's bill has, then why is it necessary? You are correct in that my problems with the NICS law pre-date Cornyn's bill, and they have more to do with how it is being interpreted vs. what the law says.

The term "adjudicated mentally defective" retains its original meaning from the GCA 1968 as amended. My argument is with the way it is currently being interpreted in the CFR. Adjudicated should not be an administrative process, especially post-Heller, when the adjudication can be by administrative fiat (VA, SSA, etc.). You are depriving someone of a fundamental right under the 2nd amendment by "putting them on a list" of mental defectives. Theoretically without any recourse or ability to challenge the adjudication.

The NICS improvement act didn't actually change 18 USC 922(g)(4), but it did suggest through its reporting improvement language that current interpretations in CFR which are IMO vague and contradictory should stand.

RoyGBiv wrote:

crazy2medic wrote:Question for you guys, do all States issue carry permits in some format? I know New York does but you have to be politically connected or wealthy!

All states have a permit system. Several states are "May Issue" and others are "May Issue" but so restrictive that they are essentially "no issue", even though they technically do have a license program...

So, if you are asking whether, if reciprocity passes into law, would a TX licensee be able to carry in all 50 states, I believe the answe is YES, based on the text of the House-passed bill.

Some US territories are no-issue.
https://en.wikipedia.org/wiki/Concealed ... s#No-issue

Vermont does not have a permit system.

RoyGBiv wrote:

bblhd672 wrote:

TacShot wrote:Louie Gohmert has it right. Listen to him on page 8.

Are we so eager to sell out on the combined bill, as is the NRA, so we can pound our chests and say we have National Reciprocity. I would not be surprised to see the Reciprocity portion stripped out and the Fix NICS (NIX would be more appropriate) portion survive and pass.

Memo to Mr Establishment, Senator Cornyn: If the Senate's most ardent gun grabbers, Schumer, Feinstein, Blumenthal, et al, cosponsor your bill, you screwed up big time.

I'm okay with the President vetoing this bill should it make it to his desk. Fix NICS should begin by enforcing the existing laws and regulations that are being ignored, not adding more infringements.

Did you read the bill?
Please post one section that adds a new infringement. I can find none.
AFAIK the bill is entirely about enforcing existing law.

See my previous "screed" on NICS. NICS is not your friend. It was a lousy compromise to deal with the Brady Bill's original unconstitutional commandeering of the States, after SCOTUS rules it unlawful.

http://www.texaschlforum.com/viewtopic. ... 4#p1179204

TexasJohnBoy wrote:I’m curious how long it’ll be until it’s taken up by the senate. And hopefully the bills stay merged.

It will never be taken up by the Senate, other than to be buried in committee. Corker, McLame, Collins, Flake, and the rest of the surrender caucus will see to that and it would never get a cloture vote anyway with Schmuckie Schumer and Liawatha in the Senate.

Pawpaw wrote:

ScottDLS wrote:

TexasCajun wrote:Question: How would HR38 be enforced? NY, NJ, MD, and several other non-gun friendly states have been ignoring FOPA since its inception. What's to stop these anti-gun states from simply arresting out of staters on state gun violations? Is there anything in HR38 that would provide a penalty for states that violate it?

What examples are there of someone being convicted of a state offense in violation of FOPA?
Every example i’m aware of has prevailed in Federal court

How many have there been that we didn't hear about because the victim didn't have the resources to take it to Federal court?

If you were going down for a felony, that you didn't commit because it was preempted by FOPA and you just went ahead and let yourself get convicted, because you "didn't have the resources"...Well you could pretty much make that argument about any crime up to murder. If you don't have the resources to defend yourself, I guess "The Man" can just frame you up for murder, when you "dint do nuffin". Like OJ 'cept he was rich...

I suspect the reason we don't hear of unlawful convictions for crime covered by FOPA is that the prosecutors either quietly drop them, or the defendant pleads them down to some bogus misdemeanor like disorderly conduct, to save themselves hassle and money. The prosecutor agrees to avoid losing in court and eventually possibly being liable for federal civil rights violations.

parabelum wrote:

ScottDLS wrote:

TexasCajun wrote:Question: How would HR38 be enforced? NY, NJ, MD, and several other non-gun friendly states have been ignoring FOPA since its inception. What's to stop these anti-gun states from simply arresting out of staters on state gun violations? Is there anything in HR38 that would provide a penalty for states that violate it?

What examples are there of someone being convicted of a state offense in violation of FOPA?
Every example i’m aware of has prevailed in Federal court

This is one example that I can think of right now, surely there are more, where out-of-State person was hassled by gestapo State, had to go through the ringer etc.
At least Blimp pardon this lady, but you can imagine the hassle...

http://www.philly.com/philly/news/new_j ... n_law.html

This person was not traveling in accordance with FOPA, which would have required her to have the handgun in the trunk, ammunition separate, and traveling to a state where her possession was legal. She met none of those criteria and therefore was illegally carrying a handgun in New Jersey without a permit. NJ law is stupid, but it is the law for now.

TexasCajun wrote:Question: How would HR38 be enforced? NY, NJ, MD, and several other non-gun friendly states have been ignoring FOPA since its inception. What's to stop these anti-gun states from simply arresting out of staters on state gun violations? Is there anything in HR38 that would provide a penalty for states that violate it?

What examples are there of someone being convicted of a state offense in violation of FOPA?
Every example i’m aware of has prevailed in Federal court

Sens. Corker and McLame are worried that reciprocity will add to the deficit, so they will join Chuck and Nancy to kill it.

pbwalker wrote:

Crossroads wrote:Glad to see my rep John Carter is also a co-sponsor. Sent him an email anyway.

Agreed the Senate is going to be the tough part. Schumer has already stated he'll filibuster in the Senate.

Time to pull a Harry Reid on them then...go nuclear.

Won't need to, the GOPe surrender caucus of "McLame", Collins, and "Corky", will join Nancy and Chuck to block any meaningful legislation. The "Maverick" doesn't think you peons should have semi-autos or "big clips".

Unfortunately it will never get 60 votes for cloture in the Senate. Doubtful it could even get 50 with the surrender caucus of McLame, Collins, Corker, et al...