Form 4473 is the federal background check paperwork and firearm registration form used by the ATF to make sure you are not a prohibited person and to create a registry. This came into existence in 1993 with the passage of the Brady Handgun Violence Prevention Act. —Text - H.R.1025 - 103rd Congress (1993-1994): Brady Handgun Violence Prevention Act, 18 U.S.C. § 921 (U.S. 1993)
Correction: Form 4473 came into existence with the GCA of 1968. Which is what my muddled brain remembered. The NICS came into existence with the passage of the Brady Handgun Violence Prevention Act of 1993. My apologies
Out in California, they are currently litigating the background check requirement for the purchase of ammunition.
Something interesting hit me as I was talking about yesterday’s article with my wife. If placing a burden on the purchase of ammunition is conduct protected by the Second Amendment, and there were no regulations for background checks until 1993, does that mean there is no history or tradition of background checks?
With multiple cases moving towards the Supreme Court or all ready there challenging parts of §922(g), will we see §921 fall as well?
4473s are a small rape as compared to states being designated sensitive places and requiring The People to prove they are law-abiding, responsible citizens before being granted permission to exercise the right to keep and bear arms.
I can’t see 2A groups pushing an attack on §921. It is a fascinating thought experiment.
What current laws or regulations in your state would you like to see challenged?
I’m old enough to remember the events. I remember the Feds telling us that there were no federal snipers pointing guns at the defenders. It was just such a shock to see gun sight camera images of those snipers. I mean, they were clear, and I didn’t know that it was possible with the tech of that time.
There was the follow-on standoff. I did watch the state’s video of the ambush and the death of the one protester.
I was asked to write about that saga. To look into the court cases.
It is unlikely to happen. It falls into the same category of research as Ruby Ridge cases, and the Branch Dividians. Interesting, but a boat load of research that I do not have the resources at the current time.
If somebody wants to send me courts and case numbers, I’ll look into it. My research last night didn’t pop anything except anger at the Wikipedia page.
HB 7011 by Parkinson (D): Criminal Offenses – As introduced, makes a person who illegally transfers a firearm to a minor criminally responsible for any resulting act of mass violence or a threat of mass violence in which the minor threatens to use the firearm. – Amends TCA Title 39. (TEXT) Not liking this one. There is no Men Rea attached to it and assumes the person will understand when a “transfer” is illegal. Also, never knowing how legislators will act in the future, the definition of legal transfer can be changed and a kid talking shit in the interwebs suddenly has an adult over the barrel.
HB 7012 by Lamberth (R): Firearms and Ammunition – As introduced, directs the department of safety to provide free firearm locks to Tennessee residents upon request; requires department-approved handgun safety courses to contain instruction on the safe storage of firearms; exempts the retail sale of firearm safes and firearm safety devices from sales and use taxes beginning November 1, 2023; defines firearm safes and firearm safety devices. – Amends TCA Title 39, Chapter 17, Part 13 and Title 67, Chapter 6, Part 3. (TEXT) We have Project ChildSafe as law of the land and I would not mind the NSSF getting involved deeply in it as they have been doing this for years now. And again, I support instruction on safe gun storage because I believe it is more effective than a stupid law mandating it. And the total elimination of sales tax is always welcome and only wish it applied to anything guns.
HB 7015 by Lambert (R): Criminal Procedure – As introduced, expands, from certain violent offenses to any felony offense, the offenses for which a person who has been arrested is required to have a biological specimen taken for the purpose of DNA analysis to determine identification characteristics specific to the person if probable cause exists for the arrest. – Amends TCA Section 40-35-321. (TEXT) A big fat NO on this one. Any shitty cop can arrest you for any felony they can come up with and even it you are found innocent or case dropped, you are still forever in a DNA database as if you were some serial rapist.
B.L.U.F.This case is before Judge Benitez. I believe he has a hearing scheduled for mid-September on the merits of the case. In response to the defendants (bad guys/state) whining that the case should be evaluated through the eyes of an expert or historian. Judge Benitez ordered the defendants to declare their experts and to allow the plaintiffs (good guys) the opportunity to dispose them.
The state went back to the well of Spitzer and Vorenberg for another set of declarations. They added Jennifer M McCutchen to the list of infringement loving experts as well.
(2300 words)
Who Are the Players
Jennifer M McCutchen is an Assistant Professor at the university of St. Thomas, Minnesota.
Dr. McCutchen specializes in Early American History and Native History, with a focus on the themes of gender, power, exchange, and diplomacy. Her current project is an ethnohistorical study of gunpowder in the late eighteenth-century Creek Confederacy. Missing citations for DTPK4NB7
Michael Vorenberg, associate professor of history at Brown University. In his words:
Final Freedom: The Civil War, the Abolition of Slavery, and the Thirteenth Amendment, was published by Cambridge University Press in 2001. The book was a Finalist for the Gilder Lehrman Lincoln Prize. I am also the author of The Emancipation Proclamation: A Brief History with Documents, published by Bedford/St. Martin’s in 2010. I am the author of a number of articles and essays on Reconstruction and the law. These include: “The 1866 Civil Rights Act and the Beginning of Military Reconstruction,” in Christian Samito, ed., The Greatest and the Grandest Act: The Civil Rights Act of 1866 from Reconstruction to Today (Southern Illinois University Press, 2018); Citizenship and the Thirteenth Amendment: Understanding the Deafening Silence,” in Alexander Tsesis, ed., The Promises of Liberty: The History and Contemporary Relevance of the Thirteenth Amendment (Columbia University Press, 2010); “Reconstruction as a Constitutional Crisis,” in Thomas J. Brown, ed., Reconstructions: New Directions in the History of Postbellum America (Oxford University Press, 2006); and “Imagining a Different Reconstruction Constitution,” Civil War History, 51 (Dec. 2005), 416-26. Missing citations for LXA958SU
We round out our merry band of word weasels with Robert Spitzer, in his words:
I am a Distinguished Service Professor of Political Science Emeritus at the State University of New York at Cortland. I was also a visiting professor at Cornell University for thirty years. I am currently an adjunct professor at the College of William and Mary School of Law. I earned my Ph.D. in Government from Cornell University. I reside in Williamsburg, Virginia.
I have been studying and writing about gun policy for over thirty years. My first publication on the subject appeared in 1985. Since then, I have published six books and over one hundred articles, papers, and essays on gun policy. My expertise includes the history of gun laws, gun policy in American politics, and related historical, legal, political, and criminological issues. My book, The Politics of Gun Control, has been in print since its initial publication in 1995. It examines firearms policy in the United States through the lenses of history, law, politics, and criminology. The eighth edition of the book was published in 2021 by Routledge Publishers. My two most recent books on gun policy, Guns across America (Oxford University Press, 2015) and The Gun Dilemma (Oxford University Press, 2023), both deal extensively with the study of historical gun laws. I am frequently interviewed and quoted in the national and international media on gun-related matters. For over twenty years, I have been a member of the National Rifle Association and of Brady (formerly, the Brady Campaign to Prevent Gun Violence). Missing citations for Z7BL7P6C
Do you see the buses on the right? Brady kindly provides and explanation.
23 rented buses which is a greater number of volunteers clowning around on the ground, (about a dozen.)
How long did they spend with this poor show? About an hour? During that time, an average of 1,500 firearms were bought by Law-Abiding citizens with the correspondent loads of ammunition.
Yet they believe they are turning things in their favor.
