Thursday, September 14, 2006

Chicago to brand gun owners with scarlet letter

The same punishment that forces convicted pedophiles to register as sex offenders is next for those who run afoul of Chicago’s gun bans and petty firearm registration/taxation schemes.

Under a proposed city law, by Aldermen Burke and Carothers anyone with as much as a single conviction under Chicago’s goofy anti-gun rights ordinances would be required to check in with the cops every six months. They’d be forced to provide information of their name and or alias, as well as their height, weight, eye color, driver's license information and a photo ID. Offenders also would have to provide police with their place of employment and details of their conviction.

Under another feel-good proposal by Alderman Burt Natarus plans to outlaw any sale or transfer of a BB gun.

Chicago’s politicians have a hatred for Freedom, Liberty and the Second Amendment to the United States Constitution.

Update: A lawyer who is a recognized gun law expert informed me that Burt Natarus' deam BB gun prohibition will violate the federal law that both regulates BB guns and preempts the states from making laws inconsistant with the federal law.

Poor Burt Natarus will just have to find another way to steal more Liberty and Freedom.

Here is the federal law on the issue:
15 U.S. Code section 5001
(a) Acts prohibited
It shall be unlawful for any person to manufacture, enter into
commerce, ship, transport, or receive any toy, look-alike, or
imitation firearm unless such firearm contains, or has affixed to
it, a marking approved by the Secretary of Commerce, as provided in
subsection (b) of this section.
(b) Distinctive marking or device; exception; waiver; adjustments
and changes
(1) Except as provided in paragraph (2) or (3), each toy,
look-alike, or imitation firearm shall have as an integral part,
permanently affixed, a blaze orange plug inserted in the barrel of
such toy, look-alike, or imitation firearm. Such plug shall be
recessed no more than 6 millimeters from the muzzle end of the
barrel of such firearm.
(2) The Secretary of Commerce may provide for an alternate
marking or device for any toy, look-alike, or imitation firearm not
capable of being marked as provided in paragraph (1) and may waive
the requirement of any such marking or device for any toy,
look-alike, or imitation firearm that will only be used in the
theatrical, movie or television industry.
(3) The Secretary is authorized to make adjustments and changes
in the marking system provided for by this section, after
consulting with interested persons.
(c) "Look-alike firearm" defined
For purposes of this section, the term "look-alike firearm" means
any imitation of any original firearm which was manufactured,
designed, and produced since 1898, including and limited to toy
guns, water guns, replica nonguns, and air-soft guns firing
nonmetallic projectiles. Such term does not include any look-alike,
nonfiring, collector replica of an antique firearm developed prior
to 1898, or traditional B-B, paint-ball, or pellet-firing air guns
that expel a projectile through the force of air pressure.
(d) Study and report
The Director of the Bureau of Justice Statistics is authorized
and directed to conduct a study of the criminal misuse of toy,
look-alike and imitation firearms, including studying police
reports of such incidences and shall report on such incidences
relative to marked and unmarked firearms.
(c) (!1) Technical evaluation of marking systems

The Director of (!2) National Institute of Justice is authorized
and directed to conduct a technical evaluation of the marking
systems provided for in subsection (b) of this section to determine
their effectiveness in police combat situations. The Director shall
begin the study within 3 months after November 5, 1988, and such
study shall be completed within 9 months after November 5, 1988.

(f) Effective date
This section shall become effective on the date 6 months after
November 5, 1988, and shall apply to toy, look-alike, and imitation
firearms manufactured or entered into commerce after November 5,
1988.
(g) Preemption of State or local laws or ordinances; exceptions
The provisions of this section shall supersede any provision of
State or local laws or ordinances which provide for markings or
identification inconsistent with provisions of this section
provided that no State shall -
(i) prohibit the sale or manufacture of any look-alike,
nonfiring, collector replica of an antique firearm developed
prior to 1898, or
(ii) prohibit the sale (other than prohibiting the sale to
minors) of traditional B-B, paint ball, or pellet-firing air guns
that expel a projectile through the force of air pressure.

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