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Re: NCIS Considered Essential Service?

Posted: Wed Apr 06, 2011 11:46 pm
by G.A. Heath
OldSchool wrote:
G.A. Heath wrote:If NICS does get shutdown due to no budget agreement then you can bet that the NRA and SAF will have papers filed for court cases as soon as that very first call is ignored.
That would be frivolous. The reason for the furlough is the lack of a spending authorization. No authorization, no spending money. No spending money, no services. This is above and beyond the lack of a budgetary authorization, which should have been done six months ago. It's all out of sequence, which is why it's so "different this time" (to borrow a phrase from those economists who said that property values and the stock market would never go down).
I beg to differ, if the government is going to ensure that only "good" people can enjoy a civil right in a timely manner then the government must have a system in place to ensure that the right is not lost should their normal system fail. The law was written so that when a delay response is sent, but no answer comes in a specific amount of time then the purchaser can receive the firearm without an the FBI calling back to say proceed. But what happens if NICS goes down completely? Will the vast majority of the population be disenfranchised when they go to purchase/transfer a firearm, or does the system revert to a "Cash and Carry" system where even criminals buy firearms from dealers due to a lack of the NICS check? I haven't looked into this, since I've been busy as all get out, but I suspect that its the first.

In essence should the government's budget, or lack thereof, interfere with firearm sales or should a system be in place to ensure that the constitutionally protected right to keep and bear arms is honored. The reason that such a lawsuit is not frivolous is that a budget shut down gives us a chance to ensure that a court ordered system is in place just in case an anti-gun congress comes into power and decides to defund the NICS check rendering all new firearm sales illegal. Before anyone says that it can't happen, consider what happened with the machine gun registry. In essence we are not playing checkers with the gun banners, we are instead playing chess and have to plan our moves as far ahead as we can.

Re: NCIS Considered Essential Service?

Posted: Thu Apr 07, 2011 12:19 am
by ScottDLS
Sounds like under current law if NICS is "shut down" and therefore you don't get a NO in 3 days, you're good to go. Or if you have CHL it's moot. I guess the big question is that why is the federal government so big in our lives that shut down of it's "non-essential" functions are so important?

Re: NCIS Considered Essential Service?

Posted: Thu Apr 07, 2011 12:31 am
by G.A. Heath
ScottDLS wrote:Sounds like under current law if NICS is "shut down" and therefore you don't get a NO in 3 days, you're good to go. Or if you have CHL it's moot. I guess the big question is that why is the federal government so big in our lives that shut down of it's "non-essential" functions are so important?
My understanding is that in order to start the three day process you must get a Delay response from the FBI on the NICS, no answer means no delay response which in turn means no three day rule.

Re: NCIS Considered Essential Service?

Posted: Thu Apr 07, 2011 9:02 am
by alvins
yea and just about the time i was going to buy a suppresor.it already takes forever dont need the atf shutdown.

Re: NCIS Considered Essential Service?

Posted: Thu Apr 07, 2011 10:52 am
by VoiceofReason
OldSchool wrote:NICS would not be an essential service, based on the definition I was given today. Think of it this way: Those who are working during the furlough would risk not being paid for the work, depending on the mood of Congress.
Congress should not be paid during the furlough, receive expenses, or any other compensation.

Re: NCIS Considered Essential Service?

Posted: Thu Apr 07, 2011 10:59 am
by A-R
VoiceofReason wrote:
OldSchool wrote:NICS would not be an essential service, based on the definition I was given today. Think of it this way: Those who are working during the furlough would risk not being paid for the work, depending on the mood of Congress.
Congress should not be paid during the furlough, receive expenses, or any other compensation.
Best idea I've heard all week. Chances of happening = 0

Re: NCIS Considered Essential Service?

Posted: Thu Apr 07, 2011 12:38 pm
by JJVP
Not only congress should not get paid, but neither should the president nor the vp nor anyone on the cabinet. Bottom line, no one on the Federal government should be paid.

Re: NCIS Considered Essential Service?

Posted: Thu Apr 07, 2011 1:34 pm
by OldSchool
JJVP wrote:Not only congress should not get paid, but neither should the president nor the vp nor anyone on the cabinet. Bottom line, no one on the Federal government should be paid.
Unfortunately, I'm not allowed to comment.... :mad5

Re: NCIS Considered Essential Service?

Posted: Thu Apr 07, 2011 5:05 pm
by ¿Qué?
ScottDLS wrote:Sounds like under current law if NICS is "shut down" and therefore you don't get a NO in 3 days, you're good to go. Or if you have CHL it's moot. I guess the big question is that why is the federal government so big in our lives that shut down of it's "non-essential" functions are so important?
That's how it should work. If NICS is not essential, then sales should be able to proceed without it.

However, NICS is an essential service.
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Re: NCIS Considered Essential Service?

Posted: Thu Apr 07, 2011 7:57 pm
by JJVP
Dad24GreatKids wrote:Curious more than anything. Does anyone know? Will NCIS checks continue to be done if there is a government shutdown?
I hope so, I would really hate to see Ziva go back to Israel. :cheers2:

Re: NCIS Considered Essential Service?

Posted: Thu Apr 07, 2011 8:03 pm
by MasterOfNone
JJVP wrote:
Dad24GreatKids wrote:Curious more than anything. Does anyone know? Will NCIS checks continue to be done if there is a government shutdown?
I hope so, I would really hate to see Ziva go back to Israel. :cheers2:
He said "NCIS checks" not "NCIS chicks."

Re: NCIS Considered Essential Service?

Posted: Fri Apr 08, 2011 8:27 am
by Salty1
We only use the electronic system, calling NICS takes much longer than doing it on-line. I cannot imagine that they would shut down the servers, but to be honest one never knows when politics are involved....

Re: NCIS Considered Essential Service?

Posted: Fri Apr 08, 2011 8:38 am
by The Annoyed Man
Since it is in a sense a component of federal law enforcement, I can't imagine that it would actually be shut down—particularly after some liberal democrat in Congress realizes that, as G.A. Heath and ScottDLS have pointed out, if there is no NICS response within 3 days the sale must go forward.... ...including sales of evil black cop-killer assault ninja rifles with pistol grips and flash hiders that make the rifle invisible and assassin "clips" that hold more bullets than you need for hunting.

Re: NCIS Considered Essential Service?

Posted: Fri Apr 08, 2011 2:28 pm
by PBratton
Just got this from the good folks at the FBI:

The NICS will be operating with a limited staff if a furlough takes place. The staff will be handling all incoming calls and working NICS transactions in the event of a furlough.

Re: NCIS Considered Essential Service?

Posted: Fri Apr 08, 2011 3:02 pm
by WildBill
MasterOfNone wrote:
JJVP wrote:
Dad24GreatKids wrote:Curious more than anything. Does anyone know? Will NCIS checks continue to be done if there is a government shutdown?
I hope so, I would really hate to see Ziva go back to Israel. :cheers2:
He said "NCIS checks" not "NCIS chicks."
She really doesn't have to go. She could always stay with me. :cool: Note that I am only speaking of Ziva and not "Hetty".