#National Instant Criminal Background Check System

[freetheshit-outofyou]

Skip all the babble and watch from 2:55 thru 6:05.

Kevin Friel (Deputy Director, Pension and Fiduciary Service at U.S. Department of Veterans Affairs) tells U.S. Representative Mat Rosendale and reaffirms that answer with U.S. Representative Morgan Luttrell (Chairman of the House Committee on Veterans’ Affairs Subcommittee on Disability Assistance and Memorial Affairs) that the VA will not comply with the laws Congress has passed but will instead go with "Interpretations" of those laws by the DOJ.

Let that sink in.

The Executive branch (The VA and DOJ) are telling the LEGISLATIVE branch that they will not comply with the laws Congress has passed and that have been signed into law because the DOJ has a different interpretation of said passed law(s).

This is all because of chevron deference being sent to its grave. When chevron deference was the law of the land the VA just asked the DOJ if it could take 2nd amendment Rights from Veterans who could not keep their finances in order. The DOJ said yes and for years the VA has blocked Veterans from owing firearms, adding their names to the National Instant Criminal Background Check System (NICS) based on their ability to balance a bank account. Those Veterans we not given due processes, they did not have trial or arbitration, their rights were just removed and they had to apply to the VA to get them back. But again, the VA was a approving authority to give back the Rights THE VETERANS ADMINISRATION had taken away based on the DOJ interpretation of a law passed by Congress.

[odinsblog]

🗣️AMERICA HAS A SERIOUS GUN PROBLEM

Robert Card, an Army reservist with a history of mental health issues, is suspected of killing at least 18 people at multiple locations in Maine on Wednesday.

Hours before the rampage, the Senate voted 53-45 to adopt an amendment making it easier for veterans with mental disabilities to get guns. The Department of Veteran Affairs is currently required to send the names of veterans who need assistance managing their benefits to the FBI's National Instant Criminal Background Check System.

The amendment adopted on Wednesday, introduced by Sen. John Kennedy (R-La.), overturns this requirement. “My amendment would prevent government workers from unduly stripping veterans of their right to bear arms,” Kennedy said. “Every veteran who bravely serves our country has earned VA benefits, and it's wrong for the government to punish veterans who get a helping hand to manage those resources.”

Five senators who caucus with Democrats - three Democrats and two Independents, all up for reelection in 2024 - voted with Republicans to adopt the amendment.

(continue reading)

[ravenkings]

For nearly four years, Republicans have delved into the darkest corners of Hunter Biden’s life, seeking to tie his troubles to his father, President Biden. But as the younger Biden stands trial in Delaware on gun charges, the case’s glaring political contradictions have rendered the G.O.P. largely mute, from former President Donald J. Trump on down.

It stands to reason: The baseless claim that the Biden Justice Department is running a political persecution of Mr. Trump is somewhat undermined by the department’s prosecution of the president’s son. It is also hard to make much of allegations that Hunter Biden lied about his drug use to purchase a handgun when your party is sponsoring legislation to ease gun-purchasing restrictions for veterans struggling with mental illness, not to mention the case before the Supreme Court that could allow domestic abusers to buy firearms.

So beyond the professional provocateurs in Washington and the right-wing media, Republicans have decided to say as little as possible.

[...]

On Tuesday, when the House Judiciary Committee’s Republican majority convened a hearing on how the “D.O.J. has become politicized and weaponized under the leadership of Attorney General Merrick Garland,” practically the only mentions of Hunter Biden came from Democrats, such as Representative Steve Cohen of Tennessee, who asked Mr. Garland if his department had indicted Senator Robert Menendez of New Jersey and Representative Henry Cuellar of Texas. The answer was yes.

“So you’ve prosecuted Democrats, and as we speak, Hunter Biden, the son of the president, is under trial in Delaware,” Mr. Cohen said, adding for good measure that the department had declined to indict a Republican member of the committee, Representative Matt Gaetz of Florida, after investigating him for sex trafficking.

“Mr. Gaetz is living evidence that you have not weaponized the Justice Department,” Mr. Cohen said. (Mr. Gaetz was not in the room at the time.)

Perhaps the only mention of the president’s son by a Republican at the lengthy hearing came from Representative Ben Cline of Virginia, who asked whether Mr. Garland had spoken to Hunter Biden at a state dinner for Kenya’s president last month.

“I have never spoken to Hunter Biden in my life,” Mr. Garland responded.

Then there is the charge that Hunter Biden faces — lying about drug use on a federal background check to purchase a gun — and its clash with the gun rights absolutism in the G.O.P. On Tuesday night, the House narrowly passed a measure that would remove military veterans who had been reported to the F.B.I. for mental health concerns from the national gun background check system.

“I’m encouraged to see Congress refusing to turn a blind eye to the 260,000 veterans who have been wrongfully submitted to the F.B.I.’s corrupt system,” declared Representative Eli Crane, Republican of Arizona and the amendment’s sponsor.

But that “corrupt system” is the same one that Hunter Biden is accused of subverting on federal forms as he sought to purchase a gun.

Gun rights organizations have tied themselves in knots over the case, trying to reconcile their political efforts to defeat President Biden with their attacks on the instant check system.

“Gun Owners of America believes that the gun control Hunter Biden violated is unconstitutional and Forms 4473 shouldn’t even exist,” said Erich Pratt, the group’s senior vice president. “However, so long as these infringements remain on the books, Hunter Biden deserves no special treatment from the D.O.J.”

Andrew Arulanandam, a spokesman for the National Rifle Association, said, “The N.R.A. is a determined advocate for Second Amendment rights for every law-abiding American, but we draw the line with criminal behavior.”

Democrats have had no problem pointing out the contradictions.

Representative Jamie Raskin of Maryland, the ranking Democrat on the House Oversight Committee, which has spent nearly two years investigating Hunter Biden, was almost sympathetic. The prosecutor in the case is an appointee of the Trump Justice Department, he noted. The judge was also nominated by Mr. Trump.

“The very existence of the Hunter Biden prosecution and trial debunk pretty much everything they’ve been saying about the Trump prosecution and trial,” he said.

And, Mr. Raskin added, “if anybody else in America was charged with lying on a federal form to get a handgun, the entire Republican apparatus would be mobilized to charge that his Second Amendment rights were being violated.”

[...]

Still, campaign strategists from both parties said this week that their candidates should leave the Hunter Biden case alone. Republicans said they were watching the courtroom in Delaware to see if the defendant’s father came up. Otherwise, they said, candidates should stick to the issues the party is winning on: the economy and the border.

The Trump campaign held a call with the news media on Tuesday to castigate President Biden’s executive order shutting the border to amnesty seekers. The former president released a slew of videos on subjects including a promise that a Wall Street Journal reporter imprisoned in Russia would be released if he were elected and an embrace of mail-in ballots. Neither Hunter Biden nor any other member of the “Biden crime family” came up.

Democrats have also been eager to focus on the issues that voters care about — and Hunter Biden is not one of them.

House Speaker Mike Johnson of Louisiana on Tuesday at a CNBC forum was pressed on his assertion that the Manhattan court where Mr. Trump was convicted had been a “banana republic trial.” If so, he was asked, was the unfurling Hunter Biden case also a banana republic trial?

“Haven’t been able to watch any of that yet,” Mr. Johnson shrugged. “We’ll see. I hope not.”

[theconstitutionisgayculture]

Do you know anything about the “Violence Against Woman Act”?

Just a quick search shows it seems to be mostly about helping women who are victims of violence, but it also, for some reason, tacks on a statute that enacts "the National Instant Criminal Background Check System (NICS) Denial Notification Act to help state law enforcement investigate and prosecute cases against individuals legally prohibited from purchasing firearms who try to do so." Which sounds a lot like they're going to start prosecuting people who try to buy a gun but don't pass their background checks. Which...is a flawed idea, to say the least.

[pscottm]

An interim final rule signed by Attorney General Merrick B. Garland on June 24, 2024, will allow federal firearms licensees (FFLs) to voluntarily access records of stolen firearms in the FBI’s National Crime Information Center (NCIC). The rule implements parts of the Bipartisan Safer Communities Act (BSCA) and allows FFLs to verify whether a firearm offered for sale has been reported as stolen prior to adding it to their inventory.   FFLs will immediately have two options to access the stolen gun records:    FFLs may partner with law enforcement agencies to search the NCIC stolen gun records. States may request an extract of the NCIC stolen gun records to make available to FFLs within their jurisdiction.  A third option under development will allow FFLs that currently leverage the National Instant Criminal Background Check System for firearm background checks via E-Check to also use E-Check to query the NCIC stolen gun records.   When a search indicates a firearm is stolen, the FFL may report that information to a criminal justice agency. This will assist law enforcement agencies investigating reports of stolen firearms by providing potential investigative leads and will help deter or halt the sale of stolen firearms through seemingly legitimate business transactions.

This is a GOOD THING!

[cliff-montgomery]

Laws Tightened For ‘Firearms Dealers Engaged In The Business’

By Cliff Montgomery - Mar. 14th, 2024

On February 9th, two short reviews on current federal gun laws were released by the Congressional Research Service (CRS). The CRS refers to itself as a “ non-partisan shared staff to congressional committees and Members of Congress.” In short, it prepares concise, easy-to understand reports on matters of the moment to members of the U.S. and their affiliated staff members.

We are covering those two short studies for our readers. Last time, we reviewed the CRS study Gun Control: Straw Purchase and Gun Trafficking Provisions in Public Law 117-159, better known as the Bipartisan Safer Communities Act.

Tonight, we look at the second review, Firearm Dealers Engaged In The Business.

Below, we offer readers most of the central statements found in the second CRS report:

Firearms Dealers Engaged in the Business

“On June 25, 2022, President Joe Biden signed into law the Bipartisan Safer Communities Act (BSCA; P.L. 117-159). Section 12002 of P.L. 117-159 amends definitions related to firearms dealer licensure in the Gun Control Act of 1968 (GCA, 18 U.S.C. §§921 et seq.). Under the GCA, the definition of engaged in the business undergirds provisions that require persons buying and selling firearms at the wholesale or retail level to be federally licensed as firearms dealers.

“Section 12002 of P.L. 117-159 amends a subparagraph of the GCA definition of engaged in the business as it pertains to federally licensed firearms dealers by striking the language ‘with the principal objective of livelihood and profit,’ and replacing it with ‘to predominantly earn a profit.’

“As amended, the definition at 18 U.S.C. §921(a)(21)(C) reads as follows:

[Engaged in the business,] as applied to a dealer in firearms, as defined in section 921(a)(11)(A), [means] a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business to predominantly earn a profit through the repetitive purchase and resale of firearms, but such term shall not include a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his collection of firearms. […]

GCA Record-keeping and Background Checks

“To deter unlawful firearms commerce and gun trafficking, the GCA generally prohibits anyone who is not licensed as an FFL from acquiring a firearm from an out-of-state source, requiring that such transfers be facilitated through an FFL in the state where the transferee resides.

“The GCA requires FFLs to maintain records on all commercial firearms transactions.

“The act also requires an FFL to initiate a background check through the National Instant Criminal Background Checks System (NICS) on any unlicensed person who seeks to acquire a firearm from the FFL through a sale, trade, or redemption of firearms exchanged for collateral (18 U.S.C. §922(t)).

“In the case of a NICS system ‘proceed’ response, the FFL may complete the transfer. In the case of a system ‘delayed’ response, the FFL is permitted to proceed with the transfer at their discretion after three business days have elapsed if the FFL has not received a final NICS eligibility determination.

“Intra-state private transfers between unlicensed persons not engaged in the business of dealing in firearms ‘to predominantly earn a profit’ are not covered by the record-keeping or the background check provisions of the GCA, as amended by P.L. 117-159.

“However, such transfers and other matters such as possession, registration, and the issuance of licenses to firearms owners may be covered by state laws or local ordinances. Some gun control advocates refer to intra-state private firearm transfers as the gun show loophole and call for comprehensive/universal background checks. Related legislation has been introduced in the 118th Congress (see H.R. 3122).

Shift in Focus from Livelihood to Profit

“Amendments to P.L. 117-159 shift the focus of the GCA dealer licensing requirement onto an intent to seek a profit by eliminating the ‘principal objective of livelihood’ as a condition for licensure. For federally licensed firearms and ammunition manufacturers and importers, the ‘principal objective of livelihood and profit’ remains a central condition requiring licensure. For federally licensed gun dealers, ‘to predominantly earn a profit’ is now the central condition requiring licensure.

“The amendments to P.L. 117-159 are intended to require persons who buy and resell firearms repetitively for profit to be licensed federally as gun dealers, even if they do not do so with ‘the principal objective of livelihood.’ As a result, the definitional changes in P.L. 117-159 could make some, but not all, intra-state private firearm transfers subject to GCA record-keeping and background check requirements, if those transfers are made by profit-oriented, repetitive firearms buyers and sellers.

“Arguably, such transfers were not covered under previous law, if the firearms transfers in question were not also made for the ‘principal objective’ of one’s ‘livelihood.’ According to the sponsors of P.L. 117-159, there was confusion about the GCA’s definition of engaged in the business [italics added] as it pertained to individuals who bought and resold firearms repetitively for profit, but possibly not as the principal source of their livelihood.

“They maintain that these changes clarify who should be licensed, eliminating a gray area in the law, ensuring that one aspect of firearms commerce is more adequately regulated.”

[bighermie]

Let’s get those numbers UP, people!!!!

[daiseycrumlish]

Mastering FFL Transfers Near Me: Essential Information for Responsible Gun Owners

In responsible gun ownership, mastery begins with understanding the intricate process of FFL (Federal Firearms License) transfers. For firearm enthusiasts and responsible owners alike, this journey is not just a matter of legality; it's a commitment to ensuring safety, compliance, and ethical firearm transactions.

So, when looking for FFL Transfers Near Me, you must know that it is a roadmap to navigate the complexities of acquiring firearms while upholding the highest standards of responsibility.

In this article, we'll delve into the essential information you need to know about FFL transfers, how they work, and their importance in maintaining ethical firearm ownership practices.

The Purpose of FFL Transfers

FFL transfers make the legal transfer of firearms between individuals possible, a crucial component of firearm transactions. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regulates these transfers to prevent the sale of firearms to prohibited individuals and maintain accountability in firearms ownership.

Understanding The Parties Involved

The seller, the buyer, and the licensed dealer (FFL holder) are the three key parties you will see when you look for an FFL transfer near me. The authorized dealer does background checks and ensures that the transfer conforms with all relevant laws in his capacity as an intermediary.

Compliance With Laws and Regulations

Compliance with federal, state, and local laws is essential for an FFL transfer. It's important to be informed of the particular requirements in your jurisdiction, as state laws on firearms differ widely. Before beginning a transfer, always check your local legislation.

Background Checks And Waiting Periods

The background check is vital when looking for FFL transfers near me. The licensed dealer uses the National Instant Criminal Background Check System (NICS) to determine if the buyer is permitted to acquire a handgun. There could be waiting periods during which the background investigation is done before the transfer is permitted.

The Importance of FFL Transfers

1. Preventing Unauthorized Access

FFL transfers aid in preventing the wrong hands from obtaining weapons. By conducting thorough background checks, FFL holders contribute to reducing the risk of firearms being acquired by individuals with criminal records or mental health issues.

2. Maintaining Accountability

FFL transfers produce a paper trail that makes buyers and sellers responsible for their dealings. Tracking the ownership history of firearms and ensuring that transfers are legal depend on this accountability.

3. Promoting Safe Transactions

The transaction will be carried out in a secure and under-controlled environment thanks to using an FFL holder as an intermediary. This reduces the likelihood of unlawful trades and aids in creating a secure environment for legitimate firearm exchanges.

4. Legal Protection

All parties involved are legally protected when FFL transfers are made. The buyer and the seller can prevent future legal issues by adhering to established processes and laws.

Tips for a Smooth FFL Transfer

1. Choose a Reputable FFL Dealer.

Choose a deal for your FFL transfer near me that has a solid reputation and a track record of adhering to requirements. They should be dedicated to conducting moral and legal transfers and aware of local legislation.

2. Complete the Necessary Paperwork.

The right paperwork is essential for a successful FFL transfer. Make sure you accurately and honestly fill out all the information that is requested. Any differences could cause the transfer procedure to be delayed or complicated.

3. Be Patient

There can be waiting periods, depending on your jurisdiction and the particulars of the transfer. Remember to be patient and that these waiting times are there to ensure a complete background check.

Conclusion:

The intricacies of FFL transfers are no longer a mystery but a domain where informed decisions and conscientious choices reign.

By mastering the essentials of FFL transfers, you're safeguarding your legal standing and contributing to the collective commitment to firearm safety and responsible ownership..

Florida Gun Site is your trusted company when you are looking for FFL transfers near you. We offer a wide range of quality firearms and accessories, along with CCW classes and the transfer process. Visit our official website to learn more.

[charlestonlaw]

Navigating Firearms Regulations: Understanding Gun Laws in South Carolina

As a state steeped in history and tradition, South Carolina holds a unique place in the United States. Its rich heritage and diverse culture are accompanied by a set of laws that regulate firearm possession, use, and ownership. The intricacies of gun laws can be complex, and it's crucial for both residents and visitors to have a clear understanding of these regulations. This article delves into the various aspects of gun laws in South Carolina, shedding light on both rights and responsibilities.

The Foundation: Second Amendment Rights

The United States Constitution's Second Amendment protects the right of citizens to bear arms. This right is central to American culture, and South Carolina respects and upholds this principle. However, the state also recognizes the importance of responsible gun ownership and the need to strike a balance between individual rights and public safety.

Concealed Carry Permits

South Carolina requires a Concealed Weapons Permit (CWP) for individuals to carry concealed handguns in public places. Obtaining a CWP involves completing a training course that covers firearm safety and the laws pertaining to concealed carry. Applicants must be at least 21 years old and undergo a background check. It's important to note that South Carolina is a "shall-issue" state, meaning that as long as an applicant meets the criteria, the state is required to issue the permit.

Open Carry Laws

Unlike some states, South Carolina does not allow the open carry of handguns in public places. Open carry is generally restricted to law enforcement officers and individuals who are engaged in specific activities, such as hunting, fishing, or target shooting. It's essential to be aware of these restrictions to avoid legal complications.

Background Checks and Firearm Transfers

All firearm sales, including private sales, are subject to background checks through the National Instant Criminal Background Check System (NICS). This system helps prevent firearms from falling into the hands of individuals who are prohibited by law from owning them, such as convicted felons and those with restraining orders. When purchasing a firearm from a licensed dealer, a background check is mandatory.

Stand Your Ground Law

South Carolina adheres to the "Stand Your Ground" principle, which allows individuals to use deadly force in self-defense if they believe their life is in imminent danger or they face a threat of serious bodily harm. This law eliminates the requirement to retreat before using force. However, the use of deadly force must be proportionate to the threat faced.

Restrictions on Firearm Ownership

Certain individuals are prohibited from owning firearms in South Carolina, including those convicted of violent crimes, individuals subject to restraining orders, and those with a history of mental illness. Additionally, federal law prohibits firearm ownership by individuals convicted of certain domestic violence offenses.

Firearms on School Property

South Carolina law prohibits the possession of firearms on school property, including public and private schools, colleges, and universities. Exceptions are made for authorized law enforcement personnel and individuals participating in approved firearm-related activities.

Responsibility and Safety

While understanding gun laws is essential, responsible firearm ownership extends beyond legal compliance. Practicing proper firearm safety, securing firearms in a safe manner, and seeking proper training are critical components of responsible gun ownership.

Conclusion

In a state that values its heritage and individual rights, Futeral & Nelson, LLC stands as a guiding force in navigating the intricate landscape of gun laws in South Carolina. With their legal expertise, dedication to community well-being, and commitment to upholding the law, the firm empowers individuals to exercise their rights responsibly. Through their guidance, residents and visitors alike can confidently navigate the legal terrain of firearm ownership, ensuring that South Carolina remains a place where rights and responsibilities are harmoniously balanced.

[socialmediaactivismm]

March for Our Lives

Another case of online activism that affected real change is the March for Our Lives movement. Born out of tragedy in Parkland, Florida, a group of students founded March for Our Lives to promote “civic engagement, education, and direct action by youth to eliminate the epidemic of gun violence” (March for Our Lives 2023). Promotion online led to the founding of numerous chapters across the nation that are pressuring local and federal lawmakers to better protect our youth by enacting effective gun reform and assisting in getting young people registered to vote. In 2022, the Senate passed the first major federal gun safety legislation in decades (CNN 2022). The bipartisan bill included “millions of dollars for mental health, school safety, crisis intervention programs, and incentives for states to include juvenile records in the National Instant Criminal Background Check System” (CNN 2022). Without the pressure of the millions involved in March for Our Lives, both at on-ground rallies and online, this would never have come to fruition. Before March for Our Lives, there was never such an organized and vocal effort for gun reform. Far too many tragedies have occurred since Parkland in 2018 and the work is far from over. March for Our Lives is still an active force across social media with the spreading of petitions, educational material on local and federal elections, and the organization of protests across the nation.

[blog-brett-matthew-west-gazette]

The Title II Of The Bipartisan Safer Communitites Act Debate

Introduced on October 5, 2021 by Florida Republican Senator Marco Rubio as a totally unrelated piece of legislation, the Bipartisan Safer Communities Act became the most significant new law pertaining to gun control in the last thirty years.

Signed by President Joe Biden, like him or not, this Act implemented major changes to:

-the mental health system of the United States

-school safety programs

-gun safety laws

Gun safety laws contained in the Bipartisan Safer Communities Act included:

-extended background checks for gun buyers less than 21 years of age

-classification of federal firearms licensing requirements

-funding for red flag laws

-crisis intervention programs

-further criminalization of arms trafficking and straw purchases

-partial closer of the boyfriend loophole

Title II of the Bipartisan Safer Communities Act is what implemented the new gun safety measures. Section 12001 of Title II:

-expanded background checks for gun buyers less than 21 years old

-banned purchasing a gun if the potential buyer committed a disqualifying crime when they were younger than 18 years old

-required NCIS (National Instant Criminal Background Check System) checks that included state government and local law enforcement records

-ensured mental health records of potential gun buyers, when they were under the age of 16 years old, were not disqualifying factors to prevent them from purchasing a gun

-no waiting periods were applied in order to purchase a gun

-only applicable criminal records were annually audited

The provisions of Title II are set to expire on September 30, 2032, except the restrictions on juvenile criminal records under the age of 16 years old.

Section 12002 of Title II defined what a gun seller was and required gun sellers to register with a Federal Firearm License.

Section 12003 of Title II allowed states to use funds from the Byrne JAG program, that are administered by the Office of the Justice Program Bureau of Justiice Assistance, to implement crisis intervention programs, including red flag laws. Section 12003 of Title II also required:

-strict protections for due process

-the right to fair hearings and legal counsel

-a high burden of proof

Section 12004 of Title II:

-made trafficking illegal guns into the United States a federal crime

-made straw purchases for someone not entitled to purchase a gun a crime

-gave law enforcement the authority in several methods to combat wire-taps, forfeitures, racketeering, fines, charges, and money-launderings

-expanded criminal statutes for smuggling guns outside the United States

-granted all Federal Firearms Licenseholders access to the NCIS background check system

-funded ATF education on straw purchases

-funded coordination programs between federal and local law enforcement officials

-forbid Operation Fast and Furious-type programs (gunwalking, like what occurred in Arizona, and allowed gun dealers to sell guns to illegal straw buyers in hopes those guns would lead law enforcement to Mexican drug cartel leaders)

Section 12005 of Title II closed the boyfriend loophole by changing regulations of gun purchases by those convicted of domestic violence in romantic relationships.

Section 12005 of Title II prevented convicts from buying a gun for five years unless they were convicted of additional violent crimes. It also only applied to domestic violence charges that occurred after the law took effect.

What are your thoughts about Title II of the Bipartisan Safer Comunities Act?

[texasconcealedcarry]

In 2023 Can You Purchase a Gun if You Have a DWI in Texas?

In Texas, DWI (Driving While Intoxicated) convictions can have serious consequences, including the loss of driving privileges, fines, and jail time. Another potential consequence is the loss of the right to purchase a gun. Under federal law, individuals with DWI convictions are prohibited from possessing firearms. However, the specific laws and regulations surrounding gun ownership and DWI convictions in Texas can be complex because of the combination of both federal and state laws. Federal law prohibits individuals who have been convicted of a crime punishable by imprisonment for a term exceeding one year from possessing firearms. This includes DWI convictions. DWI is a Class B misdemeanor in Texas, which carries a maximum penalty of 180 days in jail. Therefore, individuals convicted of DWI in Texas are prohibited from possessing firearms under federal law. However, state law in Texas allows individuals to own firearms, and the state does not have any specific laws that prohibit individuals with DWI convictions from purchasing firearms. The only exception is if the individual is currently serving a sentence for their DWI conviction. In this case, they are prohibited from possessing firearms until they have completed their sentence. This is where the complexity of the laws kicks in because the federal laws differ from Texas state laws. The process for purchasing a firearm in Texas is regulated by both state and federal law. Under federal law, individuals must pass a background check before purchasing a firearm from a licensed dealer. The background check is conducted through the National Instant Criminal Background Check System (NICS). NICS searches a variety of databases to determine if the individual is prohibited from possessing firearms, including the National Crime Information Center, the Terrorist Screening Database, and the Interstate Identification Index. The background check determines an individual’s likelihood for purchasing a firearm. If the background check reveals that the individual has a DWI conviction, the sale may be denied. However, individuals who have had their firearms rights restored through a pardon or expungement may be able to purchase firearms, as long as they are not otherwise prohibited under federal or state law. It is important to note that private sales, such as those conducted between individuals, do not require a background check in Texas. This means that individuals with DWI convictions may be able to purchase firearms through private sales without undergoing a background check. However, individuals who are prohibited from possessing firearms under federal law are still subject to prosecution if they purchase or possess firearms. Therefore, it is illegal to purchase a firearm if one is not eligible as per the state and federal laws. In conclusion, while DWI convictions can have serious consequences in Texas, they do not necessarily prohibit individuals from purchasing firearms. The specific laws and regulations surrounding gun ownership and DWI convictions in Texas can be complex, and individuals should consult with a qualified attorney if they have questions or concerns. However, it is important to note that under federal law, individuals with DWI convictions are prohibited from possessing firearms, and individuals who are otherwise prohibited from possessing firearms are subject to prosecution if they purchase or possess firearms. When you’re ready to get your Texas License to Carry (LTC), make sure you choose a premier training provider. Conceal Carry Academy is committed to offering the best firearms training possible. When they need information on firearms safety or they want to take a Texas LTC class, gun owners trust the expertise of the pros from Conceal Carry Academy. If you have questions about any aspect of gun ownership in Texas, contact us today for any of your Firearms Training Needs! Read the full article

[graymanbriefing]

2nd Amendment Brief: National BLUF: ATF ordered FBI to monitor and track lawful citizens on NICS. A Freedom of Information Act (FOIA) lawsuit filed by Gun Owners of America has revealed that the ATF and FBI have colluded to warrantlessly monitor and track citizens who make lawful firearms purchases. The FBI labeled the collusion as "NICS Monitoring Services" and the FOIA release showed that "dozens" of ATF agents provided citizens' names to the FBI and requested the FBI utilize the National Instant Criminal Background Check System (NICS) to monitor daily sales and report back transactions to the ATF. The ATF conducted this ongoing operation by emailing the FBI a document called "ATF Investigations Information Form for Monitoring Firearms Purchasers in the NICS." The citizens who were monitored were done so without a warrant and were never notified of the warrantless search. The ATF said they were being investigated for "potential violations of law" or laws not yet broken. The FOIA also showed that in some cases a citizen was tracked through the "NIC Monitoring Services" based solely on the citizens' "behavior and appearance". The FBI provided a response to the FOIA "immediately" after GOA filed but the ATF delayed their response until January 9th when they released 14 files related to the "covert surveillance of individual American citizens, by monitoring their firearm purchases." Get weekly 2A briefs at www.graymanbriefing.com

[gemcogreg]

So You Want to Open a Gun Shop...

Although gun control is an extreme hot button issue in our country right now, owning a gun shop can be a very lucrative business. When you go through all of the proper channels, it is possible to open a gun shop that can sell guns, ammunition and even hunting products. A gun repair shop and a shooting range can also be a part of your gun shop business.

To open your own gun shop you will first need to find your location. If you do not have all of the money that you will need to start the shop, you will need to secure a loan for yourself. You will need that money to get a lease or to purchase your gun shop. Make sure that you take a local laws into consideration when searching for your perfect location.

The second thing that you will need to do is obtain an F.F.L., or a Federal Firearms License. You must pay a fee and submit an application for an F.F.L. As long as the application does not reveal any felony convictions or any violations of federal firearms laws while all aspects of your life are examined, you should be approved for your license. Buying and selling guns is a very big responsibility. The Federal government wants to be sure that you care be trusted with this responsibility.

Once you are approved for the F.F.L., two more necessities to keep your shop running according with the law include maintaining proper records and conducting the required background checks on your customers who wish to purchase a firearm. You must use the National Criminal Instant Background Check System to ensure that it is lawful to sell to each and every individual wishing to purchase a gun. Then thorough records need to be kept for all gun sales. The records need to contain all of the proper information about the purchaser as well as all information about the gun. www.GemCoCoins.com