jmlefler
Regular Member
imported post
Found this on the DC forum and did a little digging:
From Wikipedia...
"The act also forbade the U.S. Government or any agency of it from keeping a registry directly linking non-National Firearms Act firearms to their owners, the specific language of this law ( Federal Law 18 U.S.C. 926 (2) (a)) being: No such rule or regulation prescribed after the date of the enactment of the Firearms Owners Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or disposition be established. Nothing in this section expands or restricts the Secretary's authority to inquire into the disposition of any firearm in the course of a criminal investigation." (my boldness added)
My first reading leads me to believe this only applies to any US gov't agency and not the States. However, if there is any Federal involvement, i.e. NCIS background check, a system to maintain those records may not be established. The FOPA is confusing to me in that it appears to apply Federally but includes control of information by any State of any political subdivision.
Anybody have any better handle on the FOPA?
Found this on the DC forum and did a little digging:
From Wikipedia...
"The act also forbade the U.S. Government or any agency of it from keeping a registry directly linking non-National Firearms Act firearms to their owners, the specific language of this law ( Federal Law 18 U.S.C. 926 (2) (a)) being: No such rule or regulation prescribed after the date of the enactment of the Firearms Owners Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or disposition be established. Nothing in this section expands or restricts the Secretary's authority to inquire into the disposition of any firearm in the course of a criminal investigation." (my boldness added)
My first reading leads me to believe this only applies to any US gov't agency and not the States. However, if there is any Federal involvement, i.e. NCIS background check, a system to maintain those records may not be established. The FOPA is confusing to me in that it appears to apply Federally but includes control of information by any State of any political subdivision.
Anybody have any better handle on the FOPA?