This one is going to hurt my brain...
As near as I've been able to find, so far, the statutory language that requires NICS is nearly identical to the language for the anal probe of NFA. At least as far as who can own such an item goes.
For Title I firearms NICS (or state run equivalent) is required by law if you're buying from an FFL. There is no law requiring anything that a 4473 or 5320 asks for. Everything on those forms is because of regulation created by BATFE.
At their core they are affidavits that the buyer is not a prohibited person.
It raises all manner of questions.
Not least of which, which came up recently... If I am not a prohibited person, and I fill out the form wrong, I've broken no law but I have violated a federal regulation. It chafes because all legislative authority is vested into Congress and none to the executive.
This is a research work in progress, so what I have here might be amended as I delve deeper into the rabbit hole.
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I remember the recent SCOTUS decision and reading it; you might want to check it out -- the NJ or Penn. ex-cop who bought a firearm for his Uncle. There was an excellent analysis of the legality and background of the 4473.
ReplyDeleteFound it http://legalinsurrection.com/2014/06/supreme-court-affirms-narrow-reading-of-gun-straw-purchase-rules/
Bob S.
That's kind of what started the idea for this project. It sure seems like much of gun law isn't actually law at all but regulation created by executive branch employees.
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