HB1261 - Weapon Crimes - Assault Long Guns and Copycat Weapons

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  • My Toy

    Ultimate Member
    Jul 31, 2008
    1,214
    Westminster
    Is your local gun dealer helping ATF to compile a firearms registry?
    Last month several Gun Owners of America staff members attended the SHOT Show to deliver our “no compromise” message to the firearms industry. It is an exciting time at GOA as we build relationships with some of the best names in the industry. Watch our Partners Page grow over the coming weeks and months.

    I have not attended SHOT Show in many years and wow, I certainly learned a lot.

    There were many new guns to check out. Twenty first century gun buyers seem to have an unlimited amount of quality firearms to choose from. Many of the new models were designed using Computer Aided Design (CAD) software which enables engineers to save time and development costs. This is a good thing — it allows for a very short time interval between a concept or idea for a firearm. And when these modern designs are manufactured and begin to appear on gun dealer’s shelves, it gives gun buyers a multitude of choices. Choice in guns is a good thing.

    I also learned about a computer software package that is dangerous and that is the topic of this article. But first, a little background on the ATF laws and rules that firearms dealers must follow.



    Federal law and ATF regulations require a licensed firearms dealer (an FFL holder) to record the date a firearm was received, the date of receipt, and the name and address or the name and license number (FFL number) of the person (or corporation) from whom the firearm was received. The dealer must also record the name of the manufacturer and importer (if any) and the model, serial number, type and caliber or gauge.

    Then, when a firearm is disposed of, for any reason, a dealer is required to record the disposition: showing the date of sale or other disposition– gift, loan or testing (anytime a gun leaves the licensed premises it must be logged out of the bound book) and the name and address or the name and license number (FFL number if a dealer) of the person (or corporation) to whom the firearm was transferred. If to a non-FFL holder, there will also be a completed form 4473 in the dealer’s records and the information will include the person’s full legal name and address, NICS approval code and make, model and caliber.

    These requirements have been in place since at least 1968 and dealers must make their records available for ATF inspection during business hours — and no warrant is required. The law prohibits ATF from making complete copies of dealer’s records which could be used to create a registry of guns and gun owners.

    Now that I’ve explained the law, I want to explain how computer technology is causing a problem for gun buyers.

    While attending the SHOT Show, I learned about a software package that makes dealer record keeping easier.

    The software allows dealers to keep an electronic bound book. It is an online package and the dealer pays a monthly fee based upon the number of transactions. When the software is being used, the screen resembles a bound book. The software has spell check and prevents misspelling of names such as Glock (Gloc) or SCCY (SKKY). And because all of the information is typed on a screen, it makes it easy for those who have poor quality handwriting to keep legible records that can then be made into a PDF which, when printed, looks like a traditional printed “bound book.”

    Software, making daily tasks easier… what could possibly go wrong?

    Plenty!

    When speaking with the software vendors, I specifically asked how does ATF conduct compliance inspections of dealers who are using this software package. I was given a demonstration and shown how the software exports the data (guns and gun buyers names and addresses) into either a PDF that resembles an old-fashioned bound book or a Comma Separated Values (CSV) file that can be opened in Microsoft Excel.

    I was told that this “feature” makes a compliance check easy because the dealer simply exports the CSV file to a thumb drive and the ATF leaves with the data. I was told that ATF analyzes the data away from the FFL’s premises. If there are any discrepancies or problems the gun dealer is notified and usually given an opportunity to correct the errors.

    When dealing with compliance with government rules, many people do what is easy. That’s why so many file their US form 1040 tax return electronically, even though experts claim that increases the likelihood of an audit. I wasn’t surprised when the software vendor told me how well-received their application has been. Especially since it makes things easy, and ATF is not on dealer’s premises for more than a few minutes.

    I accept that it is bad for business to have ATF personnel hanging around. This scheme is a danger, and allows ATF to easily create a gun registry — in violation of 18 USC 926 (a)(3). We have no way to know if a registry is actually being created and if the ATF is or is not destroying these records at the conclusion of the compliance check. One might argue they’re not, because GOA has received reports of ATF demanding copies of entire (paper) bound books. That is bad, but at least with paper, the data still needs to be converted to an electronic format to be of any real use. However, a CSV file that can be searched in MS Excel is of significant value to a government that wishes to track gun owners.



    How do you feel about your personal information — linked to guns you own, by make, model and serial number — being put into the ATF’s hands? If you’re like me, you don’t like it, and you know that registration can and has led to confiscation. Not only in far away foreign lands but in US states like New York.

    So what can you, the regular GOA Member and gun buyer do to protect yourself?

    Ask. That’s right, ask your dealer how he keeps his or her records. Are they compiled in an old-fashioned bound book, or are they using one of these twenty-first century software packages?

    GOA’s advice is to find a small, preferably home-based FFL — one who still keeps paper records — and transact exclusively with that FFL dealer. Take affirmative steps to protect yourself.

    Another reason 80% is so important.
     

    Occam

    Not Even ONE Indictment
    MDS Supporter
    Feb 24, 2018
    20,446
    Montgomery County
    Maybe we can dodge a bullet for now. The AWB in Virginia didn’t make it, maybe politicians will read the writing on the wall.

    Maryland legislators were doing this kind of stuff before it was a twinkle in Bloomberg's eye in Virginia. They (in the MD GA) simply do not care what happens there. They're going to go for it, year after year, in perpetuity. Just the way a deep blue state like this operates, now.
     

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,281
    Outside the Gates
    ^This. Remember this is a Decennial Census year

    Will not make any difference within the districts for the Maryland state legislature. The general assembly has no constraints on it whatsoever on the Maryland Senate or House of delegates districts.
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,755
    Columbia
    Maryland legislators were doing this kind of stuff before it was a twinkle in Bloomberg's eye in Virginia. They (in the MD GA) simply do not care what happens there. They're going to go for it, year after year, in perpetuity. Just the way a deep blue state like this operates, now.



    Except that they could’ve done it, there’s nothing stopping them. Maybe there are just a few of them who don’t want the whole thing to pass, otherwise it would’ve been done already.


    Sent from my iPhone using Tapatalk
     

    cap6888

    Ultimate Member
    Oct 2, 2011
    2,562
    Howard County
    Maryland legislators were doing this kind of stuff before it was a twinkle in Bloomberg's eye in Virginia. They (in the MD GA) simply do not care what happens there. They're going to go for it, year after year, in perpetuity. Just the way a deep blue state like this operates, now.

    We dodged the bullet last year. Maybe they will look at what happened in Virginia this year and still hold off.
     

    Occam

    Not Even ONE Indictment
    MDS Supporter
    Feb 24, 2018
    20,446
    Montgomery County
    We dodged the bullet last year. Maybe they will look at what happened in Virginia this year and still hold off.

    Perhaps. But they'll also note the substantial difference in the scale of the push-back. I expect MD will retreat back to death-by-a-thousand-tiny-cuts mode, instead of trying to knock a big one out of the park. We'll see!
     

    Kicken Wing

    Snakes and Sparklers
    Apr 5, 2014
    868
    WASH-CO
    Perhaps. But they'll also note the substantial difference in the scale of the push-back. I expect MD will retreat back to death-by-a-thousand-tiny-cuts mode, instead of trying to knock a big one out of the park. We'll see!

    Yes... this is the Maryland way minus FSA 2013.
     

    jefflac02

    Active Member
    Dec 28, 2016
    547
    I think we should all bring it up on 2/26. Bring it forward Dems. Don’t be afraid. Shine light on their sinister plans of disarmament.

    It’s time we play offense instead of defense.

    I’m trying to figure out a way Bait Atterbeary into a confrontation of ideas. Make her show her true colors even more than she already has. And then we will have it all on tape to send to the masses.


    Sent from my iPhone using Tapatalk
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    I think we should all bring it up on 2/26. Bring it forward Dems. Don’t be afraid. Shine light on their sinister plans of disarmament.

    It’s time we play offense instead of defense.

    I’m trying to figure out a way Bait Atterbeary into a confrontation of ideas. Make her show her true colors even more than she already has. And then we will have it all on tape to send to the masses.


    Sent from my iPhone using Tapatalk

    I would be delighted if it was buried in Committee.
     

    BeoBill

    Crank in the Third Row
    MDS Supporter
    Oct 3, 2013
    27,224
    南馬里蘭州鮑伊
    ...I’m trying to figure out a way Bait Atterbeary into a confrontation of ideas. Make her show her true colors even more than she already has. And then we will have it all on tape to send to the masses.


    Sent from my iPhone using Tapatalk

    I think all you need do is utter the magic words "Common Sense" and it's off to the races...
     

    LeadSled1

    Ultimate Member
    MDS Supporter
    Apr 25, 2009
    4,279
    MD
    If they run it I hope it passes as is. There a few absolutely glaring issues that have already been decided by SCOTUS that are no go. The devil is in the details that are under the radar right now. I’ll sit on those technical issues until it is needed.
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,195
    Anne Arundel County
    If they run it I hope it passes as is. There a few absolutely glaring issues that have already been decided by SCOTUS that are no go. The devil is in the details that are under the radar right now. I’ll sit on those technical issues until it is needed.

    You may be putting way too much faith in 4th CA's willingness to follow the intent of Heller. They've never seen a gun restriction they didn't support. All the state needs to do is assert the two magic words: "Public Safety", and all counter-arguments are moot.

    What's the point even having a Judicial Branch for checks and balances, if they're just going to reflexively defer to the other two?
     
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