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Gun Control & RKBA
In reply to the discussion: Why registration? What is gained by having a list of guns and owners? [View all]petronius
(26,662 posts)56. Looking at the federal list of prohibited persons,
The Gun Control Act (GCA), codified at 18 U.S.C. § 922(g), makes it unlawful for certain categories of persons to ship, transport, receive, or possess firearms or ammunition, to include any person:
1) convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
2) who is a fugitive from justice;
3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act, codified at 21 U.S.C. § 802);
4) who has been adjudicated as a mental defective or has been committed to any mental institution;
5) who is an illegal alien;
6) who has been discharged from the Armed Forces under dishonorable conditions;
7) who has renounced his or her United States citizenship;
8) who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; or
9) who has been convicted of a misdemeanor crime of domestic violence.
1) convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
2) who is a fugitive from justice;
3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act, codified at 21 U.S.C. § 802);
4) who has been adjudicated as a mental defective or has been committed to any mental institution;
5) who is an illegal alien;
6) who has been discharged from the Armed Forces under dishonorable conditions;
7) who has renounced his or her United States citizenship;
8) who is subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner; or
9) who has been convicted of a misdemeanor crime of domestic violence.
https://www.atf.gov/firearms/identify-prohibited-persons
I would say that 3, 4, 6, and 7 are definitely not automatic cause for a search warrant. It should depend on the specific crime and other relevant circumstances in the case of 1, 8, 9. Seems moot in the case of 2 and 5.
As you pointed out above, permanent or temporary* denial of 2A rights should be held to a high standard of due process, and the same goes for 4A protection. Revocation of one should not automatically infringe on the other.
* And as an aside, I think all RKBA prohibitions should have a time limit.
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Why registration? What is gained by having a list of guns and owners? [View all]
discntnt_irny_srcsm
Dec 2016
OP
In manyt cases the police haved a bigger avantage since wwhen you register a gun, the serial #
napi21
Dec 2016
#76
It's up to the owner to notify the police if their weapon is stolen. If the owner didn't bother to
napi21
Dec 2016
#77
The vehicle v firearm registration analogy is weak for a number of reasons
discntnt_irny_srcsm
Dec 2016
#18
Why registration? when trump gets ready to take your guns he will have a list.
stonecutter357
Dec 2016
#2
I would say there are four 'arguments in favor of' or 'reasons for' registration:
petronius
Dec 2016
#20
I agree with you on 3 and 4 (and those are the reasons that a pro-registration person
petronius
Dec 2016
#40
re: "There are reasons for becoming prohibited that in no way support probable cause for a search"
discntnt_irny_srcsm
Dec 2016
#45
"...they are the key to maintaining a power they forged on the backs of the enslaved."
discntnt_irny_srcsm
Dec 2016
#48
I'd prefer ID for all bullet sales, with the bullet projectiles laser-etched.
Buckeye_Democrat
Dec 2016
#39
I think most shooting deaths are crimes of passion, or not well planned.
Buckeye_Democrat
Dec 2016
#51
I'm not arguing that the determined and skilled won't find ways around anything
discntnt_irny_srcsm
Dec 2016
#58
This thread is an example of a reasoned, respectul discussion. Congrats all!
Eleanors38
Dec 2016
#74