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King 5.45 posted a link to a PDF in another thread that is a letter from the DOJ to the PSP telling them their sales database is illegal on both the state and federal level.
here is the letter: http://www.acslpa.org/n-register/n-0...trDOJtoPSP.pdf the relevant portion is the first bullet point on page 2. does anyone know if anything ever became of this? was it ever followed up on? i know there was a case where the state supreme court said it was OK on the state level...by redefining the word "registry" and completely ignoring the section specifically requiring the records to be destroyed in 72 hours...but has anyone ever challenged it in federal court?
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F*S=k |
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Well 10 years later and they are still doing all of that, and classifying firearms that are rifles as pistols now too...
So something tells me they were not challenged as indicated in the letter. Or no one followed up on the complaints. Because the PSP / PICS people still do whatever they feel like doing without any regard to the law. |
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We all know that the database is illegal. So does the PSP. They just don't care.
The only way it will ever change is if a dealer somewhere decides to disobey the law and get charged with violating the requirement. Then, his/her legal defense can be that the database is illegal and he is simply abiding by what he knows to be law--dictated in that letter. Unfortunately, it isn't realistic to expect a someone to put themselves and their family's livelihoods at risk in that way. If they lose, (which they could) they would lose their business and possibly spend time in prison. This is not something that most people are comfortable with--understandably so. Therefore, the PSP is able to enforce this requirement through color of law. We all know it isn't actually legal to do it, but the cops say to do it, so therefore we must comply or face the consequences that a jury trial may bring.
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http://www.inthefalloutblog.blogspot.com/ |
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Wonder if we could take that report and contact the FBI to follow up on it...as we know nothing has changed.
Ralph Sieg may not still be there but somebody has to have that same position...
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Scott B --- I'm not a gun nut, I'm a Second Amendment enthusiast |
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i dont think that it will ever change.
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Paging Tom Corbett...paging Tom Corbett...
If you want to be governor, you'll have to stop your scharade that you are on the side of gun owners...
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Nine out of ten moderators approve of this post! |
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tagg
tagg tag
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Yep ... this should really go to Tom Corbett and AG office.
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WTB - NDS3 or NDS1 receiver FTF |
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every day we put up with it is another day the entire judicial branch doesn't mean shit.
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Find your rep |
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