Monday, April 15, 2013

"Universal" Background Checks = Gun Registration After All

If you  read this post and ended up feeling all warm and cozy about the Manchin/Toomey "compromise" on background checks, you might want to grab a jacket, cuz its about to get cold.

Ace brings us a post that begins this way:

The other day I had complained that our side, collectively, is not very good at a writing legislation, and the other side is; the result is that our side tends to believe it has won a victory, misunderstanding the words in legislation, when in fact it has lost.
(Side note, those who think Rubio has engineered something that enhances Border Security, start paying attention now)

He then links to a Volokh Conspiracy post that includes this tidbit of info:

1. The provision which claims to outlaw national gun registration in fact authorizes a national gun registry.
2. The provision which is supposed to strengthen existing federal law protecting the interstate transportation of personal firearms in fact cripples that protection.
The limit on creating a registry applies only to the Attorney General (and thus to entities under his direct control, such as the Bureau of Alcohol, Tobacco, Firearms, and Explosives). By a straightforward application of inclusio unius exclusio alterius [the inclusion of one excludes others -- that is, by specifying that it is the AG that is forbidden to establish the list, it also specifies that others are not so forbidden-- ace] it is permissible for entities other than the Attorney General to create gun registries, using whatever information they can acquire from their own operations. For example, the Secretary of HHS may consolidate and centralize whatever firearms records are maintained by any medical or health insurance entity. The Secretary of the Army may consolidate and centralize records about personal guns owned by military personnel and their families.
Now we know why Obamacare has instructions to Doctors to enquire as to whether or not there is a gun in the home.

Go read the post from Ace as well as that Volokh piece.

Who feels all warm and fuzzy about Rubio's "accomplishment" now?

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