You really believe it will reduce the error rate? What incentive do the states have to improve that? It's not like they're going to eat a felony (or a huge fine) for f**king up someone's criminal record.
My point is that they are only arguing for commie bullshit improvements to NICS (shit to block more people on mostly meaningless crap) and not improvements for gun owners who have been falsely accused by the system. As usual, with most concessions, we get nothing out of the deal. (Maybe I'd feel
differently if the reciprocity bill had real teeth (like a clause that suspends highway funding to any state that disobeys it, or makes LE entities liable for a felony for violating it) but it doesn't- and will likely cost gun owners thousands or perhaps millions to fully litigate the reciprocity issues in commie states.. and that assumes that we will be at least successful enough to make the law useful to most..... )
I also think that if they were really interested in improving NICS it should be 24/7 and it should have a fail open clause present. If NICS is "down" the transaction is recorded but it goes in as a proceed by default, and leave the feds holding the bag if they f*** up. That would ensure 100% system uptime. No "delays" either. You should be guaranteed a proceed or a deny in 20 minutes or less. Does it really take an examiner that long to type shit into a computer? Not enough examiners? Well they should hire more. We already pay an 8 percent rape tax to the feds on guns and ammo, they can steal a little of that pittman robertson money to pay for NICS or whatever.
Also as far as I know there's no funding in the bill for the whole relief from disabilities thing.... which is even more infuriating.
-Mike
Mike, you can do better than this.
"shit to block more people on mostly meaningless crap" absolutely nothing new is being added, the bill only makes reference to the law where this is determined. If you want to fight the reasons then go for it, it's not dependant on this bill.
Right now there isn't even a reporting system to identify where and what errors occur, but this bill includes "measures to monitor internal compliance,
including any reporting failures and inaccuracies" and this is a yearly report. You can personally request a copy of the report, and we all should.
I'm not sure about this part, maybe someone else could read the bill and offer their thoughts on what it means, but it seems to say they have to correct any erroneous records in 60 days. "(2) in subsection (g), by adding at the end the following: ‘‘For purposes of the preceding sentence, not later than 60 days after the date on which the Attorney General receives such information, the Attorney General shall determine whether or not the prospective transferee is the subject of an erroneous record and remove any records that are determined to be erroneous." This should stop qualified people from
repeatedly getting denied/delayed. They will actually have to fix the error.
Certainly the system should be available 24/7. But you're never going to see a default proceed if the system is down or a 100% guaranteed uptime. Heck, even system I've designed for "100%" uptime have the caveat that this doesn't include scheduled maintenance. And let's face it, the system is more likely to become unavailable because of some carrier between the gov and the user, do you really expect a default proceed on this (and the user isn't going to be able to tell the difference between a gov down and a carrier down).
As for teeth in the reciprocity bill;
13 ‘‘(3) When a person successfully asserts this section
14 as a defense in a criminal proceeding, the court shall
15 award the prevailing defendant a reasonable attorney’s
16 fee.
17 ‘‘(d)(1) A person who is deprived of any right, privi
18 lege, or immunity secured by this section, under color of
19 any statute, ordinance, regulation, custom, or usage of any
20 State or any political subdivision thereof, may bring an
21 action in any appropriate court against any other person,
22 including a State or political subdivision thereof, who
23 causes the person to be subject to the deprivation, for
24 damages or other appropriate relief.
1 ‘‘(2) The court shall award a plaintiff prevailing in
2 an action brought under paragraph (1) damages and such
3 other relief as the court deems appropriate, including a
4 reasonable attorney’s fee.
I also like this section;
22 ‘‘(c)(1) A person who carries or possesses a concealed
23 handgun in accordance with subsections (a) and (b) may
24 not be arrested or otherwise detained for violation of any
25 law or any rule or regulation of a State or any political
1 subdivision thereof related to the possession, transpor
2 tation, or carrying of firearms unless there is probable
3 cause to believe that the person is doing so in a manner
4 not provided for by this section.
Presentation of facially
5 valid documents as specified in subsection (a) is prima
6 facie evidence that the individual has a license or permit
7 as required by this section.
So they can't just hold you over the weekend while they check on you permit.
Will there be court challenges? Of course there will, when has there even not been. And I've been vocal about how wrong it is to force a person to spend themselves into bankruptcy in order to exercise their rights. But at least here there is a method to recover those expenses.
I'm not saying the bill fixes everything and covers everything. But it's a step in the right direction and doesn't make anything worse.
