Even though my intent was to instigate discussion on facts, and what is actually being talked about out there...I found this in another forum I frequent and the poster ID "Old Ironsides" is someone who has been around for a while over there...Its another interesting viewpoint and commentary...
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It's worse than you think. This is a bit "legal", but here it goes...
If HR2604 passes, Constructive Possession is the legal principle that gives the Antis all the power they need to begin confiscating privately owned firearms.
Let's take this step by step... a Due Dilligence that the NRA thought unnecessary:
#1. A person lawfully owns (licensed, FOID, Vermont, whatever) firearms.
#2. A member of the Gun Owner's family/household, due to no criminal activity but only an "adjudication" by a "lawful authority" or "involuntary commitment" becomes a "prohibited person" - and placed in the NCIS. (See what happened to the kid who protested Corpus Christi above)
#3. All firearms and ammunition in a household not secured so as the "prohibited person" cannot have even accidental access (as defined and inspected by the BATFE) is, by definition, "Constructive Possession".
#4. According to CFR Title 18 (922 & 925) "possession" by a "prohibited person" is a punishable violation of Federal Law.
#5. Simple correlation of the NCIS and extant Public Records (FOIDs, CCW/CCP licenses, (4473s?)) would be Sufficient Cause for a Warrant & Seizure of "firearms in possession of Prohibited Persons".
Net Result:
EVERY HOUSEHOLD WITH A "PROHIBITED PERSON" IS/WILL BE SUBJECT TO FIREARM CONFISCATION.
This is technically true now, but, as of yet, because of the medical privacy laws that HR2640 will subvert, there is NO WAY for the BATFE/Anti Gun Pols to correlate any households other than those of "Felons" (another issue that deserves debating since "felon" doesn't just mean "violent").
Add the names of tens of thousands of "adjudicated" persons - everything from once-suicidal-teens to post-partum-depressive women to PTSD Veterans to simple "bookkeeping errors" and Psychiatric abuse - and suddenly TENS OF THOUSANDS OF HOUSEHOLDS WILL BE FORBIDDEN TO POSSESS FIREARMS - FOREVER.
(NRA platitudes notwithstanding, the unfunded mandate to create program(s) to provide "relief" will either never have enough funding or be so overwhelmed as to, in either case, to not be useful.)
Not just the individuals on the NCIS, but EVERYONE THEY LIVE WITH.
Period.
No discussions.
The Case Law is there (look it up. Google "constructive possession". True, most cases have to do with drugs, but there are plenty about guns and "prohibited persons" (felons) as well) - waiting to be used by an Anti Gun Attorney General willing to send the BATFE out to "enforce the law".
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I think some research on "constructive possession" could be interesting...
I might not be the swooftest legal mind in here, but I get the feeling that there is some real holes being started in how much exploiting could be accomplished if the political landscape in the future becomes even more favorable to the gun-control agenda...
I stand to be corrected and welcome being told I might be stretching this a bit too far...If there is NOT anything to worry about in this regard, I feel I have done my duty for the day...And no hard feelings will be hanging around me...
I think it is extremely important we get this particular issue ironed out here...Once and for all...
I have great confidence that we can do this...