Note: We've managed to get a NICS
schematic diagram up on the web.
(National Instant Check System)
For Publication, 753 Words
November 12, 1998
One-time North American Serial Rights
Copyright 1998 Alan Korwin
Not-for-profit circulation approved.
Contact: Alan Korwin,
4848 E. Cactus, #505-440, Scottsdale, AZ 85254
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WILL NICS BE LATE?
Final FBI/ATF Regs Have
by Alan Korwin
As Congress was closing a few weeks ago, the Smith Amendment was going
to force the FBI to obey the gun laws that protect Americans. Now it's
old news. It basically failed in its mission. Gutted in a secret committee
meeting that Newt Gingrich had the audacity to call a triumph for democratic
process, the FBI and ATF regs were not visibly affected by the Senate's
attempt at control. The Brady Law and McClure Volkmer Act protections are
being ignored. Ignored.
AND YOU SAW IT FIRST HERE--I have posted a SCHEMATIC DIAGRAM OF THE
NICS SYSTEM you can look at or download.
Although no gun dealers I've spoken with have seen the NICS User Contract
or been formally notified yet (11 days past the deadline), both the Justice
and Treasury Departments are taking the position that, since they published
their final regulations in the Federal Register on Oct. 30, they have met
The official take is that all dealers have been properly notified, and
NICS will start on time. This of course is nonsense. The intent of Congress
was to give dealers 30 days notice to prepare--and to sign up--but it's
simply not an issue for the people in charge. How the government will register
them all in the 11 business days remaining is beyond me.
Rumors are swirling about late starts, six-month delays, and what would
happen if NICS is late. Clearly, Brady lapses on Nov. 30, that's statutory.
But the Clinton administration has been known to push the envelope on what's
legal, so anything is possible. I mean, after all, it's against the law
to record your name and address but they're doing it anyway. Why should
they stop at anything else.
Content of Regs
The final regs require a NICS check for redeeming a pawn; do NOT require
a NICS check for return of your own repaired or replaced firearm from a
licensee (such as a manufacturer or gunsmith); do require a NICS check
for return of your own gun left with a dealer for sale on consignment.
Names and addresses of all retail buyers will be recorded for at least
a year, and then maybe for less time, at FBI discretion. They are doing
this "solely for the purpose of satisfying the statutory requirement
of ensuring the privacy and security of the NICS and the proper operation
of the NICS." They call it a "countervailing statutory requirement,"
and have decided to record you slobs, instead of countervailing the other
way, to defend your rights and treat you with respect. But rest assured,
"The FBI will not establish a federal firearms registry." It
says so right on page one, next to where they describe how they record
The illegal gun tax everyone was so fired up about was dropped, when
the FBI got 47 million tax dollars in cash, instead. I'm still reading
the regs and I'll put a full review on our website when I'm done, will
let you know when it's up.
And the latest
The hot button right now is Clinton's announcement (in his radio address
of 11/7) that he intends to undo gun shows somehow. He's on a roll with
this whole Brady thing. He's asked the Justice and Treasury Departments
(the agencies running NICS in violation of law), to recomend executive
action (not legislation) that he could take to stop gun shows. Sarah Brady
mentioned flea markets. The headline, Clinton Tightens Brady Gun Law, somehow
missed the fact that the president can't change the law all by hisself.
His statement that the Brady law does not currently apply to gun show
purchases is an outright lie. Of course it applies. Any illegal gun dealing
he's refering to is, you know, illegal. Any people involved are subject
to immediate arrest. Do they know of such crimes? Are they making arrests
In his speech, Clinton admitted attending gun shows "I have visited
and enjoyed them over the years," he said. (It's not known if he ever
met Timothy McVeigh, also a gun show attendee.)
This has nothing to do with gun shows folks. He's after private transfers
of firearms among law-abiding individuals. If he can do that, regulate
private sales of merchandise without an act of Congress, then the impeachment
process is complete, and he becomes all-powerful. (Politics works, just
not the way you think it does.) Don't forget that all firearm transfers
related to criminal activity are already totally illegal, and that law
enforcement, not new laws, are what it takes to stop them.
If you knew all your rights you might demand them.
When you disarm your subjects you offend them by showing that
either from cowardliness or lack of faith, you distrust them; and either
conclusion will induce them to hate you.
Niccolo Machiavelli "The Prince"
Only the rulers should be armed.
IF YOU'VE GOT A GUN YOU'RE NOT A CROOK AND THE GUN'S NOT ILLEGAL,
THAT'S NOT A CRIME.
The Committee to Arrest Criminals and Leave Decent People