Constitution
Federal background checks alternative
This past week, once again, the illegal President, oblivious to the damage he might be doing to those parents and siblings who have suffered losses, displayed anew why he and the left are morally bankrupt. By parading the misery and emotional pain of those who lost children in the Sandy Hook massacre, in front of the world, in support of this tyrannical effort to dismantle more of our Constitution, he and they make crystal clear to all, that anyone and everyone are mere pawns, to be used as required, to attain the goal of total control of the citizens. Which brings the focus onto the subject of a Federal Background Check database. As usual, the government has this concept exactly backwards and totally unconstitutional. And most likely, intentionally so.
Can any Federal background check program really keep guns out of criminal hands?
Before we get into why this program is people control and not gun control it is important for everyone to understand, there is no 2nd Amendment protection organization, anywhere, which would not be in complete support of any program that actually kept weapons from criminals and the insane. If it was done constitutionally. However, anyone with even the slightest bit of common sense knows, criminals will always find ways to arm themselves. This fact is not lost on the left. Don’t for one second think it is. Their agenda is not about safety, its about control.
So if background checks and Federal databases and so called gun control won’t keep criminals unarmed or crazies from obtaining weapons, who then, excuse the terminology, might be the target of this latest attack on our rights? Consistent with every socialist and communist government in the history of mankind, the target is, we the people.
Returning now to this Federal background check and why it is not being formulated for any reason except to let the Federal government know what citizen has what weapon, how much ammunition he has bought and where he lives. Why do they want this information? History might afford us the answer to that question.
It is clear, the government, will be tracking exactly the wrong people. Honest, law abiding citizens will be on that list for no reason except for having a desire or a need to own a firearm. This must not be allowed.
TPATH, while understanding that there is no way to prevent arms from getting into the wrong hands, believes it is logical and prudent, without infringing on our Constitution, to do something to try to at least slow up or make it more difficult for criminals to purchase weapons. In that light we have prepared a bill, if adopted, would make us and our children safer. But, since that is not the agenda of this or any leftist government, this common sense bill will most likely never see the halls of Congress.
But we submit it here, nonetheless.
The 2nd Amendment and Civilian Protection Act of 2013
Co-Sponsored by the American People
Purpose and Scope of this Legislation
This legislation was authored and is being proposed, to keep firearms out of the hands of criminals and the criminally insane. Understanding that no criminal act can ever be completely eradicated, and consistent with our rights as citizens and our duty to protect society within the constraints of the Constitution, by order of this legislation, all Federal databases containing information on ownership or purchase of firearms by law abiding American citizens, consistent with a citizen’s rights to privacy, will be expunged.
Under this act the following shall be implemented:
Note: The word shall, in this act, equals, must or mandatory.
- The Federal Government shall create a database called “Criminal No Purchase List,” hereafter identified as CNPL. This program shall be made available to persons or groups that sell or trade firearms and any individual who intends to sell, donate or trade a firearm. This request type shall be called “Purchase Inquiry.”
- This CNPL program shall “return” only approved or disapproved responses to Purchase Inquiries and therefore will not infringe on the citizen’s right to privacy.
- Any false, forged or intentionally wrong information provided to a seller by a potential buyer, to be used in the Purchase Inquiry of the CNPL program, shall be punishable by mandatory 1 year in prison.
- CNPL shall work with each of the 50 states, territories and Washington DC to provide them the means to upload criminal data to the CNPL database.
- The CNPL shall consist of the following information which shall be used to approve or disapprove a Purchase Inquiry – Full name, last known address, Social Security Number, Date of Birth, the criminal offense(s), the state where the offense(s) took place, and the date of conviction(s).
- The CNPL program shall allow for individuals to inquire as to their status. The “Status Inquiry” shall not be used as authorization to purchase firearms and there shall be no penalty for an inquiry nor shall the CNPL Board be notified. Only rejected “Purchase Inquiries” will be sent to the CNPL Board.
- Consistent with the 10th Amendment, no state shall be required to participate in this program unless the citizens of that state agree to do so. The Federal Government shall not, in any manner, fine or impose sanctions on any state that refuses to participate in CNPL.
- The Federal Government may compensate the states for administration fees in compiling and transmitting criminal data to the CNPL.
- This legislation shall not infringe on any law enacted by any state, province or territory. It is intended to be a valuable resource to assist each state in their efforts to keep firearms out of the hands of criminals.
- CNPL or any Federal agency shall not save or compile records of any law abiding citizen relating to Purchase Inquiries or Status Inquiries. Only Purchase Inquiries which have been rejected shall be saved and acted upon.
- If a citizen wishes to purchase a firearm, and if his name is not in the CNPL database, he shall be allowed that purchase and no record of the request shall be recorded.
- A CNPL Board shall be created and be comprised of 12 members, six from each of the two parties which garnered the highest percentage of votes during the previous presidential election. The members will be appointed to one 2 year term by their respective party leaders in the House of Representatives. The purpose of the board shall be to hear and rule on persons who have contested being placed on in the CNPL for felony convictions or mental status. A majority vote will be required to have a name removed.
- The CNPL Board shall be required to notify, within 30 days, the Federal Prosecutor for the state as well as the state’s Attorney General of all rejected Purchase Inquiries.
- Any person who attempts to purchase a firearm, who is on the CNPL, shall be charged with a misdemeanor and fined $1,000.00 for the first offense and 1 year in jail for each subsequent offense.
- Only convicted criminals, persons deemed mentally dangerous or incompetent by the CNPL Board shall be registered and tracked in CNPL. Any violation of this part, by members of the CNPL Board or those administering the database program, shall be deemed unlawful and that member shall be permanently removed from the Board.
- Enactment of this legislation shall eliminate all previous Federal legislation and regulation regarding semi-automatic firearms and magazine capacity restrictions.
NOTE: TPATH authorizes complete and absolute freedom to disseminate this file to any and all Congressmen or Senators.
Reprinted from Tea Party Advocacy Tracking Hub
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