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May 17th, 2008, 05:04 PM #1
Dickson City and the illegal registry
I am not a lawyer. I have been thinking about the Dickson City affair for the last few days.
Pennsylvania law makes it illegal to create or operate a registry of firearms IE;
§ 6111.4. Registration of firearms.
Notwithstanding any section of this chapter to the contrary, nothing in this chapter shall be construed to allow any government or law enforcement agency or any agent thereof to create, maintain or operate any registry of firearm ownership within this Commonwealth. For the purposes of this section only, the term "firearm" shall include any weapon that is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.
It's one thing to use semantics to circumvent the law. Call it a database and not a registry. However this incident clearly indicates that local police departments have access to this data. This incident clearly indicates that local police departments use this database as a registry. Local police seem to think that if you firearm is not listed in this partial database they have cause to confiscate said firearm.
My point is this , If the police use the database as a registry, if the local police can call it a registry, then by God it is a registry. And it is ILLEGAL. That is the direction any lawsuit over the Dickson City affair should go.
The state should be held accountable for disseminating information that is supposed to be confidential. I have heard names and serial numbers over the air on my police scanner many times. That is ILLEGAL!
The purpose of the database was supposed to facilitate the return of lost or stolen firearms to their rightful owners. The original purpose has been subverted for nefarious causes. The Pennsylvania State Police and Dickson City PD should be held to task for breaking state law with impunity
Am I seeing this correctly, or is my understanding of state law wrong?
When is a duck not a duck?
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May 17th, 2008, 05:12 PM #2
Re: Dickson City and the illegal registry
QUACK!
... That's all I have to say about that
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May 17th, 2008, 06:50 PM #3Grand Member
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Re: Dickson City and the illegal registry
I think we are all hoping that that is one of the points that will be covered from 'The Incident at Dickson City'.
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May 17th, 2008, 07:06 PM #4Grand Member
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Re: Dickson City and the illegal registry
when the state supreme court redefines the english language and decides that duck really means goose.
or when they redefine "any registry" to mean "complete registry" and also decide to completely ignore the PA UFA language saying all PICS requests must be destroyed within 72 hours if there are no problems found.
it's already been to the PA supreme court. and the PA supreme court failed miserably.
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May 17th, 2008, 09:05 PM #5Grand Member
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Re: Dickson City and the illegal registry
Then it needs to go to them AGAIN!!!!
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May 17th, 2008, 10:11 PM #6
Re: Dickson City and the illegal registry
It needs be tried again. The incident that occurred in Dickson City, is a clear indication that it is being used as a registry. Hell, if I had a few thousand dollars, I would file suit and have it tried again, but I don't, so I can't
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May 17th, 2008, 10:19 PM #7
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May 17th, 2008, 11:04 PM #8
Re: Dickson City and the illegal registry
ACLU is a bulldog for most other stuff other then gun rights.
"A government big enough to give you everything you have, is also big enough to take it all away.
Gerald Ford.
Happiness is 5,000 rounds of match ammo.
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May 17th, 2008, 11:56 PM #9
Re: Dickson City and the illegal registry
The ACLU believes that the Bill of Rights has 9 amendments, not 10, and #2 is the one that's missing from their vision.
And since it involves #2 they will not see the other's behind it in this case.
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May 18th, 2008, 11:05 AM #10
Re: Dickson City and the illegal registry
While it is true that the ACLU currently misinterprets the Second Amendment, that wouldn't stop them from getting involved here. In PA, it is clearly established in caselaw that openly carrying is legal (whereas the Supreme Court is only now deciding whether even a complete ban on handguns is legal under the Second Amendment). And in fact, the ACLU *has* taken cases involving RKBA-related issues: The American Civil Liberties Union sued to stop a Kentucky law barring non-citizens from carrying concealed firearms . Furthermore, the core issue here is that the police violated people's 4th Amendment rights (to be free from unreasonable searches and seizures) and issued unlawful orders (such as to stop videotaping the incident).
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