The Rapback legal action Thread (Read 203951 times)

punaperson

Re: The Rapback legal action Thread
« Reply #100 on: December 15, 2016, 07:03:27 AM »
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Seriously? This guy wants to track us?
Come on oldfart, you know those people are "special"/elites and the rules that apply to you and I don't apply to them... (see: Clinton, Holder, BATFE, Obama...). Now, bend over, the state has a surprise for you.

oldfart

Re: The Rapback legal action Thread
« Reply #101 on: December 15, 2016, 08:43:44 AM »
Come on oldfart, you know those people are "special"/elites and the rules that apply to you and I don't apply to them... (see: Clinton, Holder, BATFE, Obama...). Now, bend over, the state has a surprise for you.
....
Of course I know that.
It's just the irony of it all.
Shouldn't all LEO be in rapback? Since they are all in positions of public trust.
What, Me Worry?

changemyoil66

Re: The Rapback legal action Thread
« Reply #102 on: December 15, 2016, 08:45:33 AM »
Next time I go into JHara, I will donate some.

Thanks London for all your efforts.

ren

Re: The Rapback legal action Thread
« Reply #103 on: December 15, 2016, 09:05:21 AM »
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Seriously? This guy wants to track us?

Did he ever find his mailbox?
Deeds Not Words

changemyoil66

Re: The Rapback legal action Thread
« Reply #104 on: December 15, 2016, 10:04:31 AM »
Did he ever find his mailbox?

It's next to the approved stack of CCW permit paperwork.

oldfart

Re: The Rapback legal action Thread
« Reply #105 on: December 15, 2016, 10:13:28 AM »
It's next to the approved stack of CCW permit paperwork.
....
 :rofl: :rofl: :thumbsup:
What, Me Worry?

doc 0ct

Re: The Rapback legal action Thread
« Reply #106 on: December 15, 2016, 04:02:02 PM »
Funds sent. Thanks for the fight.

oldfart

Re: The Rapback legal action Thread
« Reply #107 on: December 15, 2016, 06:23:56 PM »
A lot of people don't realize that in 7 days from Now I could once again lose my 2A rights fighting for all of ours.
....
Scorpio and myself are contributing more. I used gofundme earlier, but is PayPal better??
What, Me Worry?

macsak

Re: The Rapback legal action Thread
« Reply #108 on: December 15, 2016, 06:26:21 PM »
....
Scorpio and myself are contributing more. I used gofundme earlier, but is PayPal better??

paypal gift has no fees

Sodie

Re: The Rapback legal action Thread
« Reply #109 on: December 15, 2016, 07:15:29 PM »
Doesn't  the wording "database" conflict directly with the federal FOPA law?

I don't believe FOPA applies here.  It only restricts the AG of the United States from making rules requiring putting gun owners in a federal database...  it doesn't restrict state governments.

Sodie

Re: The Rapback legal action Thread
« Reply #110 on: December 15, 2016, 07:26:53 PM »
Donation made.

whynow?

Re: The Rapback legal action Thread
« Reply #111 on: December 15, 2016, 08:49:35 PM »
Made 1 more donation via PP to stop rapback.  C'mon guys and gals, if you believe in 2A and haven't donated yet, please contribute to the effort.   It affects us all now and in the future.

suka

Re: The Rapback legal action Thread
« Reply #112 on: December 15, 2016, 09:44:47 PM »
I don't believe FOPA applies here.  It only restricts the AG of the United States from making rules requiring putting gun owners in a federal database...  it doesn't restrict state governments.


18 USC 926


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.

m10blloqu

Re: The Rapback legal action Thread
« Reply #113 on: December 15, 2016, 09:45:03 PM »
Just joined and donated.

oldfart

Re: The Rapback legal action Thread
« Reply #114 on: December 15, 2016, 11:10:00 PM »
Just joined and donated.
....
Welcome to the forum. Thank you for stepping up to the plate. :thumbsup:
What, Me Worry?

oldfart

Re: The Rapback legal action Thread
« Reply #115 on: December 16, 2016, 05:38:50 AM »
paypal gift has no fees
...
Investigated the gofundme service.
The fees total about 8%
What, Me Worry?

z06psi

Re: The Rapback legal action Thread
« Reply #116 on: December 16, 2016, 07:21:34 AM »
I discussed this with a shop owner on an outer island. I suggested that I believed rap back was slowing December purchases. Store owner agreed. I wonder how long I can be content with what I own while we wait for litigation. I wish to contribute what I can soon.  Mahalo to London 808 and others active in this forum.

This was one of my earlier points.  The gun shop owners have to get involved at some point and start returning some of their capital towards this effort.  This will hurt the bottom line for them.

punaperson

Re: The Rapback legal action Thread
« Reply #117 on: December 16, 2016, 08:11:47 PM »
Was told today that Big Island will begin RapBack on January 1. 2017.

Sodie

Re: The Rapback legal action Thread
« Reply #118 on: December 16, 2016, 10:29:12 PM »

18 USC 926


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.


You've got to read the whole thing.

Quote from: 18 USC § 926
(a) The Attorney General may prescribe only such rules and regulations as are necessary to carry out the provisions of this chapter, including—
...
(3) regulations providing for effective receipt and secure storage of firearms relinquished by or seized from persons described in subsection (d)(8 ) or (g)(8 ) of section 922.
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 dispositions be established. Nothing in this section expands or restricts the Secretary’s [1] authority to inquire into the disposition of any firearm in the course of a criminal investigation.
Emphasis added.

In the definitions section of this chapter, it defines the Attorney General.

Quote from: 18 USC § 921
(18) The term “Attorney General” means the Attorney General of the United States
Emphasis added.

So...  The Attorney General of the United States may make no rule or regulation that requires records to be maintained under that chapter to be recorded at or transferred to, etc.

Hawaii's Rapback requirement is neither a rule nor a regulation (it's a statute), and was not made by the Attorney General of the United States (passed by the legislature of the State of Hawaii and signed into law by the Governor), so unless there's some other provision of federal law that specifically restricts state governments, FOPA doesn't apply.

London808

Re: The Rapback legal action Thread
« Reply #119 on: December 16, 2016, 10:42:54 PM »
You've got to read the whole thing.
Emphasis added.

In the definitions section of this chapter, it defines the Attorney General.
Emphasis added.

So...  The Attorney General of the United States may make no rule or regulation that requires records to be maintained under that chapter to be recorded at or transferred to, etc.

Hawaii's Rapback requirement is neither a rule nor a regulation (it's a statute), and was not made by the Attorney General of the United States (passed by the legislature of the State of Hawaii and signed into law by the Governor), so unless there's some other provision of federal law that specifically restricts state governments, FOPA doesn't apply.

If i didnt think there was a way to win i wouldent be collecting money for the fight.
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016