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falawful
05-03-2009, 9:46 PM
Gents,

Given:
Federal Law 18 U.S.C. 926 (2) (a)) being: No such rule or regulation prescribed after the date of the enactment of the Firearms Owners Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or disposition be established. Nothing in this section expands or restricts the Secretary's authority to inquire into the disposition of any firearm in the course of a criminal investigation.

How are laws requiring registration (esp post 1986) ok?

How can AWB and/or DROS record retention (or rather registration) be legal?

DDT
05-03-2009, 10:11 PM
That is a federal law and defines proscriptions for registrations/records in 18 USC only.

hoffmang
05-03-2009, 10:11 PM
Quick version: NICS submission or results can't be recorded. DROS submission isn't a NICS submission though they may interact with the NICS system. The "nor that any system of registration of firearms" only applies to the Federal Government, not states.

-Gene

professorhard
05-03-2009, 10:14 PM
Quick version: NICS submission or results can't be recorded. DROS submission isn't a NICS submission though they may interact with the NICS system. The "nor that any system of registration of firearms" only applies to the Federal Government, not states.

-Gene

Does incorporation change this?

DDT
05-03-2009, 10:18 PM
No, this is only a limit on Federal behavior, incorporation merely limits the States to the same extent as the Federal government. Just because there is a law saying the feds WON'T keep registrations doesn't mean it would be unlawful for them to do so.

CaliforniaLiberal
05-04-2009, 5:51 AM
California doesn't register guns. They just keep a record of the sale. With your name and address. And all the information on the gun. But it's not registration.

CL

falawful
05-04-2009, 7:34 AM
"records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof"

Seems to suggest that anything that happens to be on a 4473 can't be recorded elsewhere, even by the states...

"nor that any system of registration of firearms, firearms owners, or firearms transactions or disposition be established"

Considering the 1st part applies to states, etc. how can the second part not apply as well relevant to the information that appears on a 4473?