Gun control hypocrisy at its best

[Straw Man]

112. 'Splaining.

Last edited Sun Feb 17, 2013, 03:21 AM - Edit history (1)

I guess you don't know how to read laws, eh? That's OK. I can and I'll "'splain" it to you.

No wants and warrant check is conducted during an ammunition purchase.

Umm... wrong.

So basically they hand you a sheet that asks questions similar to the Form 4473. You then check and sign the sheet and the ammo dealer looks at it to see if you've checked any disqualifiers. The ammo dealer records the transaction info electronically and maintains those records.

Not quite. You missed this part:

a) before the completion of the transfer, the licensee or seller
contacts the statewide license and record database and provides the
database with information sufficient to identify such dealer or seller,
transferee based on information on the transferee's identification
document as defined in paragraph (c) of this subdivision, as well as the
amount, calibre, manufacturer's name and serial number, if any, of such
ammunition;
(b) the system provides the licensee or seller with a unique
identification number; and
(c) the transferor has verified the identity of the transferee by
examining a valid state identification document of the transferee issued
by the department of motor vehicles or if the transferee is not a
resident of the state of New York, a valid identification document
issued by the transferee's state or country of residence containing a
photograph of the transferee.
4. If the database determines that the purchaser of ammunition is
eligible to possess ammunition pursuant to state and federal laws, the
system shall:
(a) assign a unique identification number to the transfer; and
(b) provide the licensee or seller with the number.
5. If the statewide license and record database notifies the licensee
or seller that the information available to the database does not
demonstrate that the receipt of ammunition by such other person would
violate 18 U.S.C. 922(g) or state law, and the licensee transfers
ammunition to such other person, the licensee shall indicate to the
database that such transaction has been completed at which point a
record of such transaction shall be created which shall be accessible by
the division of state police and maintained for no longer than one year
from point of purchase, which shall not be incorporated into the
database established pursuant to section 400.02 of this article or the
registry established pursuant to subdivision sixteen-a of section 400.00
of this article.

--http://ypdcrime.com/penal.law/article400.htm#p400.03

They're going to do more than "record the data electronically." They're going to run it against the database. Apparently the state database will have to access the NICS system, since the sale is contingent on the buyer not being prohibited under 18 U.S.C. 922(g), which is the Federal law identifying "prohibited persons."

When an FFL initiates a NICS background check, a name and descriptive information search is conducted for matching records in three national databases. These databases are the National Crime Information Center (NCIC), which contains information on wanted persons and protection orders; the Interstate Identification Index (III), which contains criminal history records; and the NICS Index. The NICS Index contains information that may not be available in the NCIC or the III regarding persons predetermined to be prohibited from receiving firearms under federal or state law. A valid match of a NICS Index record to a prospective firearm transferee results in an immediate determination of firearm disqualification.

--http://www.fbi.gov/about-us/cjis/nics/general-information/nics-overview

These are the disqualifiers for possession of firearms or ammunition under 18 U.S.C. 922(g):

(1) a person convicted of a crime punishable by imprisonment exceeding one year;
(2) a person who is a fugitive from justice;
(3) a person who is an unlawful user of or who is addicted to a controlled substance;
(4) a person who has been adjudicated as a mental defective or who has been admitted
to a mental institution;
(5) an alien who is unlawfully in the United States or who has been admitted to the
United States under a nonimmigrant visa;
(6) a person who has been discharged from the Armed Forces under dishonorable
conditions;
(7) a person who, having been a citizen of the United States, renounces his citizenship;
(8) a person subject to a court order that was issued after a hearing in which the person
participated, which order restrains the person from harassing, stalking, or threatening an intimate partner or partner’s child, and which order includes a finding that the person is a credible threat to such partner or partner’s child, or by its terms prohibits the use, attempted use or threatened use of such force against such partner or partner’s child;
(9) a person who has been convicted of a misdemeanor crime of domestic violence.

Did you think buyers were just going to sign a form and walk away? "Lie and buy" went out the window in 1994.

Are you with me so far?