The ACLU concern is Privacy Rights. Gun Control inherently compromises Fourth and Fifth Amendment. ACLU is on top of 4A and 4A concerns. For 2A, I look to NRA, SAF, GOA, JPOFO.
http://dailycaller.com/2013/04/04/e...could-threaten-privacy-rights-civil-liberties
Vince Coglianese, "EXCLUSIVE: ACLU says Reid’s gun legislation could threaten privacy rights, civil liberties", The Daily Caller, 4 Apr 2013.
Chris Calabrese, lobbyist for American Civil Liberties Union, announced ACLU had concerns about the threats to civil liberties and privacy rights aonatined in the Democrat gun control bill.
TIPLINE
Senator Barbara Boxer wants to establish a high school tip line for anonymously reporting "potentially dangerous students". A vague proposal with unclear definitions or legal controls. Calabrese says 911 is for credible reports of dangerous situations (CNB: but 911 is not anonymous!)
UBC
Calabrese points out the bill would create two background check systems:
(a) the Federal Firearms License FFL dealer system where the goal is to assure that the buyer is not in the National Instant Check System NICS as a person prohibited from buying or owning a gun (record of the buyer destroyed within 24 hrs and by law not used for other purposes), and
(b) a unlicensed transferor to unlicensed transferee Universal Background Check UBC system over private transfer of used guns between individuals where records could be kept forever and could be used for other purposes in violation of the federal Privacy Act without any of the controls of the NICS.
GUN "TRANSFER" DEFINITION
Calabrese: "We [ACLU] think it’s important that anything that is tied to a criminal sanction be easy to understand and avoid allowing too much prosecutorial discretion."
My [CNB's] concern is that what constitutes a private "transfer" requiring a UBC is not clear. The Obama Administration and the Democrats use the NSPOF survey "40% non-store gun acquisitions" as sales (transfers) without background checks. The 60% store sales are FFLs with NICS checks. The Democrats want UBC checks on the other 40%. The NSPOF 40% stat breaks down to:
13% private sales of used guns
19% gifts between family and friends
3% trades or swaps
5% inheritances from dead relatives.
Even with all the publicity about this, I'll bet millions of people will not see giving a gun as a birthday or Christmas gift as a "transfer" requiring a UBC. If a hunter traded an unwanted pump-action turkey gun with a fellow gun club member for a Savage .30-30/12ga over/under, would they see that as a transfer requiring a UBC? Would ordinary hunters who don't follow the gun laws closely know what UBC is or what it requires? How does a dead relative conduct a UBC on an heir, anyway?