Universal Background Checks: Don’t Trust The Leviathan
BY Herschel SmithIn response to Wayne Lapierre And The Apocalypse, Dave Hardy writes as follows:
Here are my own thoughts. A ban on private sales will be unenforceable in the near future, since guns being found will have been initially sold before its effective date, and thus a lawful private transfer before the ban went into effect cannot be ruled out.
But even after, say, ten years pass, the ban will still be unenforceable in practice unless Congress also either:
1) Enacts national firearm registration, requiting FFLs to report all sales so they can be placed in a national database, and requires such reporting backdated to the effective date of the private sales ban, or
2) Makes firearm possession illegal, period, providing for a defense if the gun owner can prove they bought the gun before before the effective date of the ban, or bought it from an FFL after the ban.
Visit Dave’s site for the rest. He is making a legal and technical point, one that I have seen before. Perhaps he’s right, but be warned. First of all, I am concerned about prosecutorial overreach and discretion. But second, holes in any universal background check law can be plugged in the future once the basic framework is constructed.
Finally, here is the most serious warning. I work with the federal government on at least a semi-regular basis, and when not, I am doing things that follow federal regulation, even though highly technical (the specific nature of what I do is not the subject and won’t be discussed).
For most people who never work with federal agencies and departments, ignorance is bliss. But for those who do, they know that the nasty little secret about the federal government has to do with lawmaking by regulation.
Laws are passed by the Senate and Congress. But after laws pass, thousands of lawyers inside the beltway go to work writing regulations based on those laws, or not, using the law as a pretext for further regulation that Congress didn’t specifically intend. At times, Congress has even had to pass laws undoing regulations because the regulations don’t meet the intent of the law, and yet the executive branch won’t stop enforcing that regulation (or class of regulations).
Regulation is passed merely by entering them into the federal register, allowing a waiting time for public comments (which are nothing but a chance afforded to the authors of the regulations to ignore them or write sarcastic rebuttals), and then after the waiting period, it takes on the force of law including prosecution, fines and imprisonment for failure to follow them.
This happens every day, all over the nation, and in the DOT, NRC, EPA, DOJ, ATF, DHS, and other departments and agencies that the reader cannot even name and didn’t know existed. Any law giving the executive branch the authority to further regulate firearms will be an opportunity for abuse, overreach and exploitation.
Take it from someone who has seen it. Don’t trust the Leviathan. It is a monster and it has monstrous intentions.
Indeed. This fight is actually more important than the one over AR-platform rifles because registration is the greased slope leading to confiscation.
Remember, gun control is always and ever about control of you
[…] taken the time to study people who are smarter than he is if he lives a thousand lifetimes. Dave Hardy has an article Mr. Sargent needs to […]
[…] Universal Background Checks: Don't Trust The Leviathan […]
[…] I have warned against laws that can be broadly interpreted within some regulatory framework crafted by armies of lawyers sitting inside the beltway. Nothing […]
[…] The bottom line for me is unless you’re a prophet or son of a prophet, you don’t know how all of this will be interpreted and applied by armies of lawyers, judges, law clerks and law enforcement across the states. The mere fact that so many good minds are coming up with so many different interpretations and potential problems doesn’t bode well for the law. I warned you about this. […]
[…] to the fact that people writing rulings in the federal register are calling the shots. You know what I’ve said about the federal Leviathan. Oftentimes, their standard is a moving […]
[…] warned you about the executive branch of the government and legislating by federal register notice. This is […]
[…] He has put his finger on a core problem with this decision [and other such rule-making inside the beltway]. As I’ve noted before: […]