Why no attempt to shut down NICS?

[Stschil]

Just a though here; If this administration chose to shut down NICS and allow all sales to be completed at the Dealers' discretion, it would give the Conservatives an advantage in this budget show down by weakening their position with the Liberal Base. Gun Control is one of the binding agents in the glue that holds the Left together. It could possibly turn a strong portion of the base against the White House. No one in DC does anything because they are complying with established law, political strength is always the motivator.

 

[SERparacord]

He does have a point. If you never make the phone call to get the process going then technically the 3 day wait never begins. I wonder how that would hold up in court if there were to be a NICS shutdown for some reason or another.

Common sense dictates if you never make contact to get an answer, then time limit does not apply. If you make the call and they do not answer the phone,then there is no background check system.

 

[kludge]

A: NICS will stay open because the left does not want the courts to answer these questions: 1) Does the denial of a firearm purchase during a period of time when the government's inability or inaction of processing instant background checks constitute a violation of the person's constitutional right to keep and bear arms? 2) Does the denial of a firearm purchase during a period of time when the government's inability or inaction of processing instant background checks constitute a violation of the person's constitutional rights, namely that no person shall be deprived of life, liberty (especially liberty), or property without due process of law?

 

[Ruffnek]

Because even they are smart enough to know that stopping the (legal) flow of guns will spark a revolt that they would never be able to combat.

 

[wsenefeld]

"...the right of the people to keep and bear arms, shall not be infringed." Wouldn't shutting down NICS be infringement? Keeping a proper person from possessing a legal firearm?

 

[hornadylnl]

NICS is an infringement.

 

[Bunnykid68]

NICS is an infringement.

QFT

 

[JettaKnight]

Can you imagine how many businesses would have been hurt by that.

Yes. they'd be hurt just like all the businesses next to Nat'l Parks, those that support gov't agenecies (e.g. food service, janitorial), etc.


You can argue both ways on the issue, depends on how "essential" approval for firearm purchases are in your mind.

From a political standpoint, the heat on Republicans would be immense if that'd happen.

 

[Smokepole]

If the NICS were shutdown due it being "non-essential" then the administration would have to answer the question: if the background checks are considered "non-essential" then how "ESSENTIAL" is the law to public safety(?). And if the law isn't essential to public safety, then why have the law at all?

And if they told gunshops that they couldn't sell guns while the NICS is down, they would likely be before the courts pretty quick arguing why they were arbitrarily telling legal businesses selling legal products that they have to stop doing business because they chose not to perform their legally required function. Especially when they are expending resources to perform functions that they didn't previously in closing open air monuments and unenclosed oceans and such. Losing argument.

 

[HoughMade]

The law says there has to be an operational NICS. It is not optional. Yes, it really is that simple.

 

[loony1]

Can you imagine how many businesses would have been hurt by that.

I don't think they care :/