Where did I say that I "think there is a need for 'checks and balances'"?
If you don't see it as a need or an issue why bring it up?
My statement highlighted that it was counterintuitive that there was not a requirement to have a police officer or other government agency/official take the prints to ensure that the prints belonged to the person who is listed on the fingerprint form. It is rare that any business or government entity requiring fingerprints does not have certification when the prints are taken.
That's because THE LAW may require such. In this case, ATF does not currently require LE to perform the fingerprinting.
With respect to your comment about the forms getting kicked back if the prints do not match other fingerprint records, I am very curious about what happens if I have never been fingerprinted before and am now rolling my own fingerprints to obtain an NFA item. Does that mean that I will never be able to obtain an NFA item since there are no other prints that the FBI can match?
Really?
The fingerprint requirement is to see if the applicant/RP
IS on file as a prohibited person. If you have been previously fingerprinted for employment, an arrest, drivers license, LTC/CHL/CCW, teacher certificate, whatever, the check compares the prints submitted with your Form 1/4 vs what is already on file with your name.....if they don't match then you are likely to be denied. If you have never been fingerprinted then its pretty likely your prints won't match to those of a prohibited person.
(unless they have your fingerprints from a crime scene and been wondering when you would slip up)
I certainly hope that one of your takeaways from my post was not that I want a database maintained by the ATF. The point was that we have the technology that can instantly tell someone whether a person is eligible to own an NFA item.
The USA also put a man on the moon, but that doesn't mean Congress is going to give ATF the budget to improve its IT systems. Processing NFA applications isn't likely to very high on any Congressman's Top Ten List. Yeah, I know the FBI NICS can tell me in under two minutes if a Title I firearm buyer is prohibited or not...….but the National Firearms Act has different requirements for Title II firearms.
Instead, we have to go through the paperwork drill every time we make an NFA purchase. I would love for the only time spent waiting on an NFA item to be an NFA dealer to be able to punch in my driver's license number and getting a simple "YES" or "NO" telling him whether I can go home with the item.
Obviously. Do you think I enjoyed having to buy three safes to store NFA firearms? You aren't describing anything that the firearm community has been talking about since 1934.
I welcome your suggestions on how to expedite the NFA process.
Elect people who are genuine supporters of the Second Amendment to office. Nothing else will work better.
Can you expand upon what you claim is "not ATF's decision"?
Congress passed the National Firearms Act, not a government agency.
Also, if you think that Congress "dictates what NFA law is" or any other law, then you have a very poor understanding of the legislative system.
Wow.
Congress enacts legislation, ie DICTATES the law. Get it?
dic·tate
verb:
dictate; 3rd person present:
dictates; past tense:
dictated; past participle:
dictated; gerund or present participle:
dictating
ˈdikˌtāt,ˌdikˈtāt/
- 1.
lay down authoritatively; prescribe.
"the tsar's attempts to dictate policy"
synonyms: give orders to, order around/about, lord it over; More
lay down the law to;
informalboss around/about, push around/about;
throw one's weight around/about
"you are in no position to dictate to me"
- control or decisively affect; determine.
"choice is often dictated by availability"
synonyms: prescribe, lay down, impose, set down, order, command, decree, ordain, direct, determine, decide, control, govern
"the president's attempts to dictate policy"
- 2.
say or read aloud (words to be typed, written down, or recorded on tape).
"I have four letters to dictate"
noun
noun:
dictate; plural noun:
dictates
- 1.
an order or principle that must be obeyed.
"the dictates of fashion"
synonyms: order, command, commandment, decree, edict, ruling, dictum, diktat, directive, direction, instruction, pronouncement, mandate, requirement, stipulation, injunction, demand;
The signed laws dictate what the laws are. Congress has the ability to propose legislation which, if it makes its way through the red tape, may change NFA laws, but in no way does Congress "dictate what the NFA law is."
Who do you think passes laws and who signs them into law?
While the ATF does not make laws, it has the power to create rules, issues opinion letters, and implement policies that are enforceable and criminally punishable.
No kidding? ATF doesn't make the laws they enforce? Then who does?
Why, just a few lines above you state that Congress doesn't do it.
If you think the ATF is powerless or lacks the authority to in make decisions pertaining to NFA law, you are extremely ignorant.
I never said anything of the sort, but try harder.
Yes, you are correct in that the ATF cannot just create or dismiss NFA laws, but the implementation and processes associated with NFA law (which is what my post spoke to) is heavily determined by the ATF. .
Good grief.
ATF can only implement administrative regulations THAT COMPLY with the underlying Federal law. That's why we have a Code of Federal Regulations. To change one of those regulations, ATF must publish the proposed change in the Federal Register with a timeline. That allows time for public comment, scrutiny by Congress and even intervention by the courts. If the regulation violates the enabling legislation then it usually is withdrawn pretty quick or leads to litigation.....such as Thompson Center.
If you want to question that, go and read 41F and tell me if you think the ATF has the ability to streamline or impede the NFA approval process
I have no doubt that ATF (or any other government agency) would absolutely love new computers, more staff, etc...…….but ATF doesn't make that decision. Once again, CONGRESS DOES. While agencies can request funds (and ATF has) ultimately it's Congress and the President that approves the budget. And reducing NFA wait times isn't that high of a priority.
