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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 08-12-2019, 7:55 PM
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Default Besides "It's Ca." how does the AW reg not run afoul of 18 U.S. Code § 926 ?

Yeah, I've seen the vid clip where the elected dude says "I know its Ca and we dont care if its constitutional" ... but why hasnt there been a challenge to the registration via 18 U.S. Code § 926(a) ?

(a) The Attorney General may prescribe only such rules and regulations as are necessary to carry out the provisions of this chapter, including—

(1) ...
(2) ...
(3) regulations providing for effective receipt and secure storage of firearms relinquished by or seized from persons described in subsection (d)(8) or (g)(8) of section 922.
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 dispositions be established. Nothing in this section expands or restricts the Secretary’s [1] authority to inquire into the disposition of any firearm in the course of a criminal investigation.
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Old 08-12-2019, 8:06 PM
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Good question.
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Old 08-12-2019, 8:17 PM
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Inquiring minds want to know.
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Old 08-12-2019, 8:17 PM
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Indeed. I'll bet somebody on here has the answer...or maybe this got overlooked? Somehow I doubt that, though.
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Old 08-12-2019, 8:36 PM
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That statute is a limitation on the federal attorney general’s authority to promulgate administrative regulations supplementing the federal gun control statute. That section does not prohibit states from passing gun control statutes and regulations and if it did it might be unconstitutional in some applications (although the 2A would still trump both federal and state statutes and regulations in the event of a conflict).
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Old 08-12-2019, 9:31 PM
ErikC12 ErikC12 is offline
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I think I see. At first read it appears to prohibit a federal, state or local registry. A closer reading seems to say that any records requiered under the FOPA can't be transferred to any such entity and that a federal registry can't be established.
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Old 08-13-2019, 2:12 PM
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This may become worthwhile if the Senate passes UBC and the registration scheme necessary to enforce UBC transactions. Registration not only going forward but of every privately owned firearm is necessary to enforcement of any UBC law.
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Old 08-13-2019, 2:44 PM
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Quote:
Originally Posted by sreiter View Post
(3) regulations providing for effective receipt and secure storage of firearms relinquished by or seized from persons described in subsection (d)(8) or (g)(8) of section 922.
Correct me if I've misinterpreted this, but to me it reads like a restriction on the relevant records from being transferred to the feds or state. Said relevant records being information on firearms seized from persons subject to a GVRO. I don't see how this restriction would, by strict letter, apply to law-abiding citizens in general when constructing a national registry

I.e, I don't think § 926 restricts what you think it restricts
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Old 08-13-2019, 2:56 PM
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Quote:
Originally Posted by dfletcher View Post
This may become worthwhile if the Senate passes UBC and the registration scheme necessary to enforce UBC transactions. Registration not only going forward but of every privately owned firearm is necessary to enforcement of any UBC law.
There is absolutely no reason to have registration tied to a background check or purchase of a firearm.

Does the person have any background that would prohibit possession of a firearm. Yes or No, simple question with simple answer. If yes, dealer can't deliver. If no, then dealer delivers. No one but seller and buyer need to know what firearm is involved or that even one is involved at all.
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Old 08-13-2019, 8:18 PM
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Kalifornia isn’t part of the US. Constitution doesn’t apply here.


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Old 08-14-2019, 1:48 PM
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Quote:
Originally Posted by Milsurp1 View Post
That statute is a limitation on the federal attorney general’s authority to promulgate administrative regulations supplementing the federal gun control statute. That section does not prohibit states from passing gun control statutes and regulations and if it did it might be unconstitutional in some applications (although the 2A would still trump both federal and state statutes and regulations in the event of a conflict).

No - please read again
" controlled by the United States or any State or any political subdivision thereof"
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William Blackstone
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