Updated Standing of H.R. 38

Nanook145

Nanook145

.40 S&W
Messages
108
Reaction score
43
Location
Upstate NY
It is truly stunning that some people are willing to throw out their support on perhaps the most important 2A bill in the last century over some NICS check regulation that will most likely not affect anyone anymore so than the current system does.
 
Edwardteach72

Edwardteach72

.475 A&M Magnum
U.S. Military
Messages
14,883
Reaction score
15,064
Location
New York
Nanook145 said:
It is truly stunning that some people are willing to throw out their support on perhaps the most important 2A bill in the last century over some NICS check regulation that will most likely not affect anyone anymore so than the current system does.
Click to expand...


I guess you missed a lot of people in this and the other thread that down right state when it comes to different 2A issues they have no problem selling out if it doesnt directly affect them and dont care about other people
 
DoD1776

DoD1776

NYGF's own Whippersnapper !
U.S. Military
Messages
5,129
Reaction score
4,826
Location
Baldwinsville/Onondaga
Celt said:
2nd amendment says "Shall not be infringed"!

All law abiding, mentally fit citizens should be able to carry what, when, and how they want. End of story. Youre young so i understand you dont fully get it yet, but inform yourself so you have an informed opinion.
Click to expand...
I’m clear on what the second amendment says. When did I mention anything about a mentally fit person not being able to carry? Every state has different laws, some states may contradict the other states and their policies. That’s why there should be a federal law that should be universal for all states that involves carrying and it should overrule the states.
 
Marine Cpl

Marine Cpl

.577 Tyrannosaur.
Messages
22,046
Reaction score
20,634
Location
Orange County
Edwardteach72 said:
I guess you missed a lot of people in this and the other thread that down right state when it comes to different 2A issues they have no problem selling out if it doesnt directly affect them and dont care about other people
Click to expand...
But that isn't what Fix NICS does though. All it does is make it mandatory to report to NICS which is already mandatory. It also defines a bump stock and makes it mandatory when one is used in a crime to be reported. It already will be reported. It was in Vegas. It's a do nothing bill.
 
togmaster

togmaster

.450/400 Nitro Ex
Messages
13,217
Reaction score
19,857
Location
Buoy 42
Excerpts from the post above;

"there should be a federal law that should be universal for all states that involves carrying and it should overrule the states." = "the second amendment"
 
Edwardteach72

Edwardteach72

.475 A&M Magnum
U.S. Military
Messages
14,883
Reaction score
15,064
Location
New York
Willjr75 said:
But that isn't what Fix NICS does though. All it does is make it mandatory to report to NICS which is already mandatory. It also defines a bump stock and makes it mandatory when one is used in a crime to be reported. It already will be reported. It was in Vegas. It's a do nothing bill.
Click to expand...

I know this i was talking about how the other person was surprised that people are willing to sell out some to get a little other bs

and i was pointing out that people have openly stated that if there is something that doesnt affect them personally they have no problem giving that up even if it would infringe on other people, if they get their small slice of bread.
 
GOPerfect

GOPerfect

.950 JDJ
U.S. Military
Messages
31,260
Reaction score
71,657
Location
No longer Secret, thanks DR. Evil
I guess my overall issue is it does nothing to stop the States from screwing around with the permit process.

Sure with a permit will be able to carry in 50 states that's awesome but again States will still be able to make up their own rules and bylaws.

I really wish they would have just copied leosa, that would have been very easy to do. I would also like the federal government to dictate to the states how to run the permit process. Actually I would like to see the permit process ended but we know that's never going to happen.
 
Marine Cpl

Marine Cpl

.577 Tyrannosaur.
Messages
22,046
Reaction score
20,634
Location
Orange County
GOPerfect said:
Yes, yes I did.
Click to expand...

In regards to following the law of the state you are in, it says notwithstanding any provision of the law of any state (which means in spite of any provision off the law of any state) except as provided in section B yada, yada, yada, more text.

Now for section B.

“(b) This section shall not be construed to supersede or limit the laws of any State that—

“(1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or

Which means you cannot force private people and private businesses to allow concealed carry in their business or property if there are laws that allow them to prohibit carry there.

“(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.

Which means that you cannot force carry on government property or parks if they have laws against it.

So in short, the only state laws that cannot be superseded are those above. Magazines, ammo, and the gun would be protected. All AWB laws would be void as long as you have them in legal pistol configurations.

“(2) The term ‘handgun’ includes any magazine for use in a handgun and any ammunition loaded into the handgun or its magazine."

So if you bought a stripped lower here, then went to PA and bought 30 rd magazines and built the pistol, it would be protected with your out of state license. No fixed magazine, nothing.

If you got arrested for it, they would have to compensate you for wrongfully arresting you.


“(d) (1) A person who is deprived of any right, privilege, or immunity secured by this section, under color of any statute, ordinance, regulation, custom, or usage of any State or any political subdivision thereof, may bring an action in any appropriate court against any other person, including a State or political subdivision thereof, who causes the person to be subject to the deprivation, for damages or other appropriate relief.

“(2) The court shall award a plaintiff prevailing in an action brought under paragraph (1) damages and such other relief as the court deems appropriate, including a reasonable attorney’s fee.
 
Edwardteach72

Edwardteach72

.475 A&M Magnum
U.S. Military
Messages
14,883
Reaction score
15,064
Location
New York
GOPerfect said:
I guess my overall issue is it does nothing to stop the States from screwing around with the permit process.

Sure with a permit will be able to carry in 50 states that's awesome but again States will still be able to make up their own rules and bylaws.

I really wish they would have just copied leosa, that would have been very easy to do. I would also like the federal government to dictate to the states how to run the permit process. Actually I would like to see the permit process ended but we know that's never going to happen.
Click to expand...

Sadly this would never happen, that would put us lowly peasants as equals with LEO and (not all) but many, especially the higher ups, do not believe that LEO and "civilians" as they like to refer to everyone else as, are equals.

And then the real shit bags the ones in DC who are even more equal than the rest hell look at the amendments where they try to add a spot that they are afforded the greatest latitude regarding interstate concealed carry,
 
Prudii

Prudii

.357 mag
Messages
563
Reaction score
619
Location
Not NY anymore
Willjr75 said:
Here people. Read.

Text - H.R.4477 - 115th Congress (2017-2018): Fix NICS Act of 2017
Click to expand...

Fuck GOA, There is fuck all in there about expanding prohibited persons in there. Its just requires agency submit a report to the AG to prove they are complying with ALREADY existing law and it allocates 125m (625m over 5 years) to go to state agency to pay for those reports. It also provides funding for a DOJ study on bump stock usage in crime.

People have been saying for years we just need to enforce our existing laws, all this law does is give money to state agency's to do so.
 
SomeSoldier

SomeSoldier

.450/400 Nitro Ex
U.S. Military
Messages
10,168
Reaction score
19,606
Location
Florida
Prudii said:
Fuck GOA, There is fuck all in there about expanding prohibited persons in there. Its just requires agency submit a report to the AG to prove they are complying with ALREADY existing law and it allocates 125m (625m over 5 years) to go to state agency to pay for those reports. It also provides funding for a DOJ study on bump stock usage in crime.

People have been saying for years we just need to enforce our existing laws, all this law does is give money to state agency's to do so.
Click to expand...

Why do we need to bribe the states to enforce existing laws?
 
Nanook145

Nanook145

.40 S&W
Messages
108
Reaction score
43
Location
Upstate NY
Edwardteach72 said:
I guess you missed a lot of people in this and the other thread that down right state when it comes to different 2A issues they have no problem selling out if it doesnt directly affect them and dont care about other people
Click to expand...

Look, I am very opposed to any sort of background checks in general, and I totally appreciate the "no compromise" argument that many 2A supporters tend embrace. But it is not always a practical tactic and this Fix NICS thing might be just the edge we need to get national reciprocity passed (which is 100X more powerful in restoring rights to citizens than anything the NICS bill could take away).
 
Edwardteach72

Edwardteach72

.475 A&M Magnum
U.S. Military
Messages
14,883
Reaction score
15,064
Location
New York
Nanook145 said:
Look, I am very opposed to any sort of background checks in general, and I totally appreciate the "no compromise" argument that many 2A supporters tend embrace. But it is not always a practical tactic and this Fix NICS thing might be just the edge we need to get national reciprocity passed (which is 100X more powerful in restoring rights to citizens than anything the NICS bill could take away).
Click to expand...

wasn't talking about the fix the nics part just the you will see "gun people" in general throw other people under the bus for something if it doesnt directly affect them
 
Marine Cpl

Marine Cpl

.577 Tyrannosaur.
Messages
22,046
Reaction score
20,634
Location
Orange County
Nanook145 said:
Look, I am very opposed to any sort of background checks in general, and I totally appreciate the "no compromise" argument that many 2A supporters tend embrace. But it is not always a practical tactic and this Fix NICS thing might be just the edge we need to get national reciprocity passed (which is 100X more powerful in restoring rights to citizens than anything the NICS bill could take away).
Click to expand...
Yup. And the NICS bill takes nothing away. All it does is impose penalities on agencies that fail to report and give funding to those that don't have the money to report.
 
Last edited:
You must log in or register to reply here.
Top