< Back to the Main Site

Author Topic: Help me understand the Firearm Owners Protection Act  (Read 973 times)

Offline skydve76

  • Powder Benefactor
  • *
  • Join Date: Jan 2011
  • Location: Omaha
  • Posts: 314
Help me understand the Firearm Owners Protection Act
« on: January 30, 2013, 11:14:19 AM »
I this act, I know they attached a provision banning machine guns, and this provision is strictly enforced. 
And yet we have the following text:
No such rule or regulation prescribed [by the Attorney General] 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.

So in this case, Omahas registration requirements are Illegal.  Why are we not fightihng this using this text?  it is clear to me they are in violation of this act.

In this saem act they banned machine guns and registration, and only 1 part is enforced.  Why is the NRA not all over this?

What am I missing here?

Offline 00BUCK

  • Powder Benefactor
  • *
  • Join Date: Mar 2009
  • Location: Bellevue
  • Posts: 510
Re: Help me understand the Firearm Owners Protection Act
« Reply #1 on: January 30, 2013, 02:22:36 PM »
I believe this is targeted at FEDERAL laws, not county / city/ local laws. That is still another festering sore we need to heal.

Offline skydve76

  • Powder Benefactor
  • *
  • Join Date: Jan 2011
  • Location: Omaha
  • Posts: 314
Re: Help me understand the Firearm Owners Protection Act
« Reply #2 on: January 30, 2013, 07:29:39 PM »
very clear:

by the United States or any State or any political subdivision thereof

Offline 00BUCK

  • Powder Benefactor
  • *
  • Join Date: Mar 2009
  • Location: Bellevue
  • Posts: 510
Re: Help me understand the Firearm Owners Protection Act
« Reply #3 on: January 30, 2013, 08:31:32 PM »
very clear:

by the United States or any State or any political subdivision thereof

Right, but the perceived focus is Federal - Omaha might very well lose their registration law because of it. Wouldn't that be a nice little side effect if the gun haters don't pick up on it? Now you just hush and be on your way ... :)

Offline Husker_Fan

  • NFOA Full Member
  • **
  • Join Date: Apr 2010
  • Location: Omaha
  • Posts: 717
Re: Help me understand the Firearm Owners Protection Act
« Reply #4 on: January 30, 2013, 09:48:40 PM »
If you read that whole sentence, the object modified is "rule or regulation prescribed [by the Attorney General]." Basically, the AG can't require any records be transferred to the government or create a system of registration.