Article View: alt.games.mk
Article #76329Re: Hey, Supreme Court - You F'd Up!
From: Capt. Meat
Date: Thu, 03 Jul 1997 00:00
Date: Thu, 03 Jul 1997 00:00
247 lines
11602 bytes
11602 bytes
>>"Hiro Protagonist" scrawled:
>>I take it you have never had a class on "the US Government". The Supreme
>>court does _not_ decide what is "right or wrong" nor what is a "good law or
>>bad law", rather it determines whether a law is constitutional -- nothing
>>more -- nothing less. The Brady bill case (or its constitutionality) has
>>nothing to do with guns and background check.
>>
>Capt. Meat wrote:
>Good law is constitutional.
>Bad law is unconstitutional.
>While the Supreme Court left intact a good portion of the
>Brady Bill, they struck down the Fed's attempt to force
>mandatory backround checks, which would be executed and
>paid for by the states.
>
>Show me the chapter you apparently
>skipped over, and read to me where I fucked up.
>> It is about the federal
>>governments right to force states to use state resources to enforce federal
>>laws.
>See above.
>> Its was struck down on these grounds alone and personally I think
>>this was not only the right decision but most important decision of the
>>week.
>Out of all the rulings last week that in one way or another
>gave more voice to the throats of the states, you're enthralled
>with one redneck's crusade to avoid the service charges of checking
>out John Q. Hayseed's rap-sheet, huh?
>
>> Think of the bigger picture here-
>Yeah, and when you finally open yer eyes, look around,
>and think "Tobacco Settlement" and realize you're
>so far off-base, you're out of bounds...
>
>Corporations run states. And the state runs you.
Capt. Meat also said:
Seeing as I ran across a seemingly factual article concerning
the reason why you felt I was in dire need of instruction
(Reminds me of some comedian's bit about getting busted
for "smuggling books" into Kentucky), I'm enclosing
the following fish-wrap...
Regardless, you're still wrong. And what's funny is yer
arrogance and condescending tone, which usually accompanies
a certain amount of wit and insight, yet it appears you're
forgetting to put the horse IN FRONT of the cart again.
You can bring a punk to water, but you can't make him bathe...
Capt. Meat
*****From the Green Bay News Chronicle*****
Background checks and
paperwork are still the law in
Wisconsin despite a
weakening of the federal
Brady handgun law by the
U.S. Supreme Court
By Nick Wood
Chronicle Reporter
Despite a U.S. Supreme Court ruling
Friday striking down part of the
federal Brady gun law, Wisconsin
residents who want to buy a handgun
will still have to undergo a criminal
background check and 48-hour
waiting period. But any cagey
criminal will tell you he can still buy
a gun, legally, even in Wisconsin.
The court ruled unconstitutional the
federal government forcing local law
enforcement officials to conduct
background checks on prospective
handgun buyers. The requirement was
a key provision in the Brady law to
prevent convicted felons from
buying handguns.
The decision does not affect
Wisconsin, however, because the
state already had a law requiring a
background check and 48-hour
waiting period for all handgun sales
when the Brady law was passed in
1993.
Since 1991, Wisconsin has conducted
more than 206,000 background
checks; some 1,400 sales have been
denied to convicted felons.
WHAT THE GUN LAW
MEANS TO YOU
Under Wisconsin's current law,
anybody wanting to buy a handgun
from a licensed gun dealer has quite
a bit of paperwork to do first.
There is the federal form, which
asks nearly a dozen questions about
prior brushes with the law; there is
the store registration form which
describes the gun, price, and the
name, address and phone number of
the buyer; and there is the state
form which asks many of the same
questions as the federal form.
If the buyer answers "yes" to any
questions about felony criminal
activity, the sale is denied.
Once all the paperwork is done, the
dealer calls the person's name into
the state's Handgun Hotline. The
background check takes about five
minutes and costs the buyer $8. If a
person passes the that, there is a
48-hour waiting period, and then the
transaction is made.
MAJOR LOOPHOLES
The hotline only checks for felony
convictions. And there is no way to
know whether a person truthfully
answered questions about crimes not
showing up as convictions, for
example, whether the person had
ever been found not guilty of a crime
by reason of mental disease or
defect, juvenile crimes that would
have been felonies if the person had
been an adult at the time, or cases
where a court has prohibited the
person from possessing a firearm due
to domestic abuse or harassment
charges.
While the state background check
has stopped many felons from buying
handguns in the past five years, it is
by no means foolproof since it only
covers a portion of the total handgun
sales.
State and federal law is silent on the
question of private sales, according
to Jim Haney, spokesman for
Wisconsin Attorney General James
Doyle.
''The background check only applies
to federally licensed gun dealers,''
Haney said. ''(Private selling) is not
a loophole, it's just not covered.''
Haney said records of total handgun
sales are not kept, so there is no way
to know what percentage of handgun
sales are conducted by gun dealers
and what percentage are sold
through classified ads, garage sales
or other private transactions.
Ted Willems, a sales representative
for Gun List Magazine, a national
publication of classified gun ads
based in Iola, said the publication
lists thousands of handguns. If the
guns are sent across state lines, they
have to be handled by a federally
licensed firearms dealer, but if the
transaction occurs between two
people in the same state, there is no
requirement for a waiting period or
to conduct a background check.
''It's very hard to regulate private
sales. There's no paperwork if (I'm
in Iola) and I sell a gun to you in
Green Bay,'' Willems said.
Norm Joppe, manager of the gun
department at Martin Hardware
Store, 1221 E. Mason St., said the
state's background check system is a
valuable tool to let gun dealers know
who they are selling handguns to, but
it's no silver bullet.
''The law controls the general honest
population, but half the time the law
hinders the honest person and does
nothing to control the criminals.
That's the scary part,'' he said.
Since neither the federal or state
governments require handguns to be
registered, Joppe suggests private
sellers get a signed receipt showing
they transferred ownership of the
gun. Otherwise, the only record of
the gun will show the original buyer
as its owner.
Willems said Pennsylvania is looking
at ways to require all private
handgun transactions to go through a
licensed dealer, but there are no
such laws on the books yet.
###
Technical Details
Message-ID:
<33bbb1a5.68168039@news.earthlink.net>Path:
mbox-mo1.pugleaf.net!unknown!not-for-mailReferences:
<33bbcc84.52577471@news.earthlink.net> <33b6831a.252615372@news.earthlink.net> <dethmaster-2806921251010001@1cust34.max2.orlando.fl.ms.uu.net> <33b69dc7.259446920@news.earthlink.net> <33B7DD5A.6A79@ix.netcom.com> <01bc85f6$18a903b0$a34eba8f@hiro> <33b9cc65.24617818@news.earthlink.net>Show Full Headers
Complete Article Headers
From: Never@your.door (Capt. Meat) Subject: Re: Hey, Supreme Court - You F'd Up! Date: 1997/07/03 Message-ID: <33bbb1a5.68168039@news.earthlink.net> X-Deja-AN: 254314562 References: <33bbcc84.52577471@news.earthlink.net> <33b6831a.252615372@news.earthlink.net> <dethmaster-2806921251010001@1cust34.max2.orlando.fl.ms.uu.net> <33b69dc7.259446920@news.earthlink.net> <33B7DD5A.6A79@ix.netcom.com> <01bc85f6$18a903b0$a34eba8f@hiro> <33b9cc65.24617818@news.earthlink.net> Organization: Between the Eyes Co. Newsgroups: alt.sex,alt.tv.melrose-place,alt.tv.bh90210,alt.games.mk,rec.sport.pro-wrestling,rec.sport.pro-wrestling.fantasy,alt.hacker,alt.illuminati,alt.conspiracy,alt.config,de.soc.politik,alt.discordia,alt.freemasonry,alt.usenet.kooks,alt.atheism,soc.genealogy.ge MIME-Version: 1.0 Content-Type: text/plain; charset=UTF-8 Content-Transfer-Encoding: 7bit