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FOPA Question

S

Skinnedknuckles

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As I understand it (IANAL) the FOPA forbids the creation of a firearms owner or firearms ownership database. If so, has the CT requirement to file the form DPS-3-C with the DPS and local law enforcement ever been tested in the courts, since it obviously could form the basis of such an ownership database at both the local and state levels? And no, I don't want to be the test case ;)
 
Rich B

Rich B

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Can you cite the USC where you think this is?

AFAIK, FOPA only covers the Federal forms and checks enacted by FOPA.

18 USC § 926 - Rules and regulations said:
No such rule or regulation prescribed after the date of the enactment of the Firearms Owners’ Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or dispositions be established. Nothing in this section expands or restricts the Secretary’s [1] authority to inquire into the disposition of any firearm in the course of a criminal investigation.
Click to expand...

The Federal government is prohibited from establishing a registration system. I don't see anything that is binding to the states. After all, the 10th amendment allows states to enact their own laws.

I think there are ground to fight our current laws, but I don't see it in FOPA.
 
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S

Skinnedknuckles

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Joined
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Rich,

From your excerpt "No such rule or regulation ... may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or dispositions be established".

I had understood that the prohibition of the establishiment of a system of registration (italicized section) applied to the states as well as the Feds (bold and underlined section), but to repeat IANAL. And it came to mind again with this TTAG post http://www.thetruthaboutguns.com/20...ce-keep-an-illegal-instant-firearms-database/, Which may not be the most reliable source ;)
.
 
Rich B

Rich B

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Messages
2,909
Location
North Branford, Connecticut, USA
Skinnedknuckles said:
Rich,

From your excerpt "No such rule or regulation ... may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or dispositions be established".

I had understood that the prohibition of the establishiment of a system of registration (italicized section) applied to the states as well as the Feds (bold and underlined section), but to repeat IANAL. And it came to mind again with this TTAG post http://www.thetruthaboutguns.com/20...ce-keep-an-illegal-instant-firearms-database/, Which may not be the most reliable source ;)
.
Click to expand...


Again, this is an issue with the 4473s that they put in place. CT does not use the 4473, it uses its own DPS-3s as 'registration'.

I am sure there are ways to challenge the scheme in place, but the FOPA angle sounds weak. Comparing us with other states isn't likely to be successful since we are not like most states in those regards.

And yeah, TTAG is about the last place I would be going for information.
 
Rich B

Rich B

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Messages
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Location
North Branford, Connecticut, USA
Here is some commentary from people better versed than I am:

http://armsandthelaw.com/archives/2012/11/an_interesting_16.php

Please remember, there are differences between Washington state and Connecticut and how they perform their registration. Our situation requires some extra thought. It will be interesting to see where, if anywhere, this might go in Washington.
 
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