Tag Archives: S.2135

“Fix NICS” right

In a bipartisan act of insanity, Senator Cornyn and cronies from boith sides of the aisle have come up with a wonderful plan to “Fix NICS.” Basically, it bribes states to report more people.

But there’s a “penalty,” too. Sort of. If an agency fails to report properly the politically appointed agency chief bunghole boffer doesn’t get a bonus (presupposing that bureaucrats should by default get bonuses).

If we must be saddled with a background check system that forces people to preemptively-prove-your-innocence (PPYI), a clear prior restraint, in order to exercise a constitutionally protected right, then let’s fix NICS properly.

Simply not giving a bonus to a political bureaucrat for a failure is not sufficient. Penalties must be imposed at the individual level:


1. Any individual who, through malfeasance, misfeasance, or nonfeasance, fails to properly report a prohibited person under 18 U.S. Code § 922 to the NICS databases shall be guilty of a felony; the penalty for which shall be a prison term of no more than five years and a fine of no more than $10,000 for each offense.

   a. In addition, if the failure results in a prohibited obtaining a firearm and using it in a crime, the individual shall be charged and tried as an accessory before the fact in the prohibited person’s crime.

   b. Should malfeasance, misfeasance, or nonfeasance in supervision at any level be a contributing factor in the failure, all supervisors, up to and including appointed agency heads, shall be guilty of a felony; the penalty for which shall be a prison term of no more than five years and a fine of no more than $10,000 for each offense.

   c. “Sovereign immunity” shall not be a defense.

2. And individual who, through malfeasance, misfeasance, or nonfeasance, causes a person who is not prohibited under 18 U.S. Code § 922 to be denied or delayed the exercise of a constitutional right shall be charged under 18 U.S. Code § 242 – Deprivation of rights under color of law.

   a. In addition, if the denial or delay of the right to a fiream results in injury or death, the individual responsible for the denial or delay shall be guilty of a felony the penalty for which shall be a maximum of life in prison and a fine of up to $1,000,000.

   b. Should malfeasance, misfeasance, or nonfeasance in supervision at any level be a contributing factor in the failure, all supervisors, up to and including appointed agency heads, shall be guilty of a felony the penalty for which shall be a maximum of life in prison and a fine of up to $1,000,000.

   c. “Sovereign immunity” shall not be a defense.


Private citizens — licensed dealers, private sellers, would be buyers — all face criminal penalties for their errors that could allow a prohibited person to obtain and misuse a firearm. It’s time for bureaucrats to join the party.


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