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06-14-2016 , 10:48 AM
Quote:
Originally Posted by einbert
I've heard that it might be connected to the No Fly list. Which obviously you could find out you're on that if you try to fly somewhere.

From 1994-2004 these AR-15's were totally banned under the Assault Weapons Ban. That's one good thing President Clinton got passed. So it's not like AR-15's have always been legal. Now they have been used at:

Sandy Hook
Aurora
San Bernardino
Orlando
Others
This is completely and totally false.
06-14-2016 , 10:49 AM
Quote:
Originally Posted by einbert
I've heard that it might be connected to the No Fly list. Which obviously you could find out you're on that if you try to fly somewhere.
Two totally different entities. No Fly List <> FBI's Terrorist Screening Database (aka the watch list). I think you are of course correct that the No Fly List is a component of the federal government screening database(s) and cross-referenced with the TSDB and you can probably safely assume the No Fly List is ~1:1 with whoever the FBI is watching closely but I suspect super high value targets or potential information sources might be allowed to travel freely; but it's also probably true the No Fly List contains some false positives who the FBI isn't actively watching (e.g., journalists, Ted Kennedy). From the link:

Quote:
Dave Joly, a spokesman for the FBI’s Terrorist Screening Center, said that “the Terrorist Screening Center does not publicly confirm nor deny whether any individual may be included in the U.S. Government’s Terrorist Screening Database (TSDB) or a subset list.”

Again the FBI, DHS, DoJ, etc. aren't going to lay bare whatever qualifies for inclusion and who is on it although I certainly acknowledge a target of surveillance may not be able to fly.

Last edited by DVaut1; 06-14-2016 at 11:00 AM.
06-14-2016 , 11:01 AM
Quote:
Originally Posted by DVaut1
There's a whole world of difference between the FBI actively deciding to interview and play their hand face-up (forgive the poker analogy) versus a target passively discovering their presence on the list through an attempt to make a purchase. In the first case the FBI has total discretion about when to interview and what will be compromised by hauling someone in for questioning. In the second case someone under surveillance essentially blows the FBI cover by something completely outside the control of law enforcement. That sort of thing is fundamental and critical to law enforcement operations as to whether the target of surveillance knows they're being watched or not and law enforcement treats that as vital. See the thing I posted from their website. You haven't thought this through for more than like 30 seconds which is probably a tell you're one of those dudes on Facebook lamenting the government not doing the common sense thing of not letting people on the FBI watch-list own guns.
I'm not lamenting anything other than your nonsense. The FBI can decide whether they want to blow their cover and deny the purchase or let the guy buy the gun during a standard waiting period. Denying this shooter, who the FBI has already contacted prob doesn't cost them very much. There are ok reasons why we shouldn't do this, but not at all related to your posts.
06-14-2016 , 11:08 AM
Quote:
Originally Posted by SenorKeeed
From 1994-2004 you could buy weapons that were functionally the same as the ones used in the sprees listed. 30 round magazines, semi-automatic fire, compact.

edit: I know they couldn't have bought new 30 round magazines, but used 30 round magazines were readily available.
So, not trying to be snarky here. Which guns fit those characteristics that didn't fall under the Assault Weapons Ban?

I do understand that older AR-15's were grandfathered in. Of course no ban is 100% effective and the point is to make weapons harder to obtain, not eradicate them entirely (this is impossible).
06-14-2016 , 11:08 AM
Quote:
Originally Posted by dessin d'enfant
I'm not lamenting anything other than your nonsense. The FBI can decide whether they want to blow their cover and deny the purchase or let the guy buy the gun during a standard waiting period. There are ok reasons why we shouldn't do this, but not at all related to your posts.
Uh, yeah, OK, whatever. Sounds like a really effectively law: FBI will clandestinely put people on a list and then similarly clandestinely decide if whoever they secretly put on the list can get a gun or not, but if you're really valuable and know alot of terrorist stuff you'll probably get your fire arms unencumbered so the FBI doesn't blow the lid on their surveillance. Which is essence basically saying they'll let the sort of probably safer people who are of questionable value not get the gun then struggle mightily with how to treat the probably really dangerous people vis a vis their intelligence value.

Awesome policy, they should put you in charge of things. Like I said, you clearly though about this deeply. You're basically just throwing out a nonsensical rebuttal that I anticipated we'd see anyway:

Quote:
I guess these people are just imagining some Kafkaesque gun purchasing prohibitions where you can't get one but aren't told why?
That was me preemptively marveling at a fantastically dumb idea and the predictable thoughts of clueless people.
06-14-2016 , 11:14 AM
Being reported that the wife knew he was about to carry out an attack:

"NBC NEWS EXCLUSIVE: Wife of Orlando shooter has told FBI that she tried to talk her husband out of the attack and is cooperating sources say"
06-14-2016 , 11:16 AM
Quote:
Originally Posted by einbert
So, not trying to be snarky here. Which guns fit those characteristics that didn't fall under the Assault Weapons Ban?

I do understand that older AR-15's were grandfathered in. Of course no ban is 100% effective and the point is to make weapons harder to obtain, not eradicate them entirely (this is impossible).
It's complicated and ripe for semantiking, but basically there were loads of loopholes around the ban.
06-14-2016 , 11:17 AM
That's probably the current wife, not the ex who hasn't talked to him in five years.
06-14-2016 , 11:17 AM
Quote:
Originally Posted by Trolly McTrollson
It's complicated and ripe for semantiking, but basically there were loads of loopholes around the ban.
So let's use the problems with the old ban to make a better one. Learn from our mistakes and all that.
06-14-2016 , 11:19 AM
Quote:
Originally Posted by DVaut1
Uh, yeah, OK, whatever. Sounds like a really effectively law: FBI will clandestinely put people on a list and then similarly clandestinely decide if whoever they secretly put on the list can get a gun or not, but if you're really valuable and know alot of terrorist stuff you'll probably get your fire arms unencumbered so the FBI doesn't blow the lid on their surveillance. Which is essence basically saying they'll let the sort of probably safer people who are of questionable value not get the gun then struggle mightily with how to treat the probably really dangerous people vis a vis their intelligence value.

Awesome policy, they should put you in charge of things. Like I said, you clearly though about this deeply. You're basically just throwing out a nonsensical rebuttal that I anticipated we'd see anyway:



That was me preemptively marveling at a fantastically dumb idea and the predictable thoughts of clueless people.
I'll bow down to your super deep thinking. If you can't think of a way to make it work without mighty struggle I'm sure its impossible and the FBI would lol at the concept even though this is just a no fly list for guns.
06-14-2016 , 11:19 AM
Quote:
Originally Posted by Trolly McTrollson
It's complicated and ripe for semantiking, but basically there were loads of loopholes around the ban.
lol that's not it either. The definition did not ban rifles with large mag capacities. Here's the definition:

Quote:
Semi-automatic rifles able to accept detachable magazines and two or more of the following:
Folding or telescoping stock
Pistol grip
Bayonet mount
Flash suppressor, or threaded barrel designed to accommodate one
Grenade launcher mount

Semi-automatic pistols with detachable magazines and two or more of the following:
Magazine that attaches outside the pistol grip
Threaded barrel to attach barrel extender, flash suppressor, handgrip, or suppressor
Barrel shroud safety feature that prevents burns to the operator
Unloaded weight of 50 oz (1.4 kg) or more
A semi-automatic version of a fully automatic firearm.

Semi-automatic shotguns with two or more of the following:
Folding or telescoping stock
Pistol grip
Detachable magazine.
It's not a loophole, it just was completely uncovered by any law. The AWB was entirely based off of cosmetic characteristics of a gun, not how they functioned.
06-14-2016 , 11:23 AM
Quote:
Originally Posted by einbert
So, not trying to be snarky here. Which guns fit those characteristics that didn't fall under the Assault Weapons Ban?

I do understand that older AR-15's were grandfathered in. Of course no ban is 100% effective and the point is to make weapons harder to obtain, not eradicate them entirely (this is impossible).
No, you could buy a new AR-15 that didn't have like a bayonet lug or pistol grip. Basically the same rifle with some cosmetic differences. You couldn't buy new 30 round magazines but used ones were readily available.
06-14-2016 , 11:24 AM
Which isn't to say I think assault weapons should be legal, and it isn't impossible to get rid of them. The US should just implement Australia's gun control measures.
06-14-2016 , 11:27 AM
Well, the wikipedia page I'm reading on the Assault Weapons Ban says that in addition to the cosmetic features bans, certain guns were banned by model. This included the Colt AR-15.

https://en.wikipedia.org/wiki/Federa...assault_weapon

Quote:
Code:
The ban defined the following semi-automatic firearms, as well as any copies or duplicates of them in any caliber, as assault weapons:
Name of firearm	Preban federal legal status
Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (AKs) (all models)	Imports banned in 1989*
Action Arms Israeli Military Industries UZI and Galil	Imports banned in 1989*
Beretta AR-70 (SC-70)	Imports banned in 1989*
Colt AR-15	Legal
Fabrique National FN/FAL, FN-LAR, FNC	Imports banned in 1989*
SWD (MAC type) M-10, M-11, M11/9, M12	Legal
Steyr AUG	Imports banned in 1989*
INTRATEC TEC-9, TEC-DC9, TEC-22	Legal
Revolving cylinder shotguns such as (or similar to) the Street Sweeper and Striker 12	Legal
06-14-2016 , 11:28 AM
That's not true.
06-14-2016 , 11:29 AM
Quote:
Originally Posted by adanthar
That's probably the current wife, not the ex who hasn't talked to him in five years.
yeah quickly edited, typo on my part
06-14-2016 , 11:34 AM
Quote:
Originally Posted by dessin d'enfant
I'll bow down to your super deep thinking. If you can't think of a way to make it work without mighty struggle I'm sure its impossible and the FBI would lol at the concept even though this is just a no fly list for guns.
Quote:
Originally Posted by suzzer99
Well in Mateen's case the feds talked to him twice. So he knew he was on the list.
Maybe Dvaut will correct me but I think his point was more that government shouldn't really be taking away rights from "innocent" (at least unconvicted) people. They should just sack up and say owning a murder machine ain't no longer a right.
06-14-2016 , 11:35 AM
You need a constitutional amendment though. Feel free to go for it. Subverting the constitution is not an appropriate response.
06-14-2016 , 11:36 AM
Quote:
Originally Posted by ikestoys
You need a constitutional amendment though. Feel free to go for it. Subverting the constitution is not an appropriate response.
Simply not true. You just need 2 more RBGs on the Supreme Court.
06-14-2016 , 11:40 AM
Quote:
Originally Posted by tomdemaine
Maybe Dvaut will correct me but I think his point was more that government shouldn't really be taking away rights from "innocent" (at least unconvicted) people. They should just sack up and say owning a murder machine ain't no longer a right.
Well, yes, that. That was certainly one of my points: forgetting whether you should be able to own a murder machine, it remains a constitutionally protected right. So to say you can be denied it based on the whim of the FBI seems preposterous. There's no clear indication what puts someone on them, no public acknowledgement you're even on them anyway; once on their list(s), there's no formal way to get off ot them, no way to have a lawyer defend you in front of an impartial jury, etc., -- that is, all of the things known and cherished as part of the American legal system before the government starts taking your rights away are non-existent here. That's terrible. And I'm not a gun nut.

You're correct that the appropriate response to deny guns from bad people is to change the law, not empower the FBI's secret list ****show authority over the exercising of peoples' Constitutional rights.

Also pretty sure Marteen was removed from the list so it wouldn't have stopped him in this case anyway. Also as I said, in regards to the efficacy of a 'No Gun List' -- the FBI making the decision to interview someone they are investigating <> someone discovering they are under surveillance via a purchase. I suppose I'll even agree that if you ignore the constitutional issues, I suppose the complete mystery of the No Fly List can be replicated to the No Gun List like dessin d'enfant wants, but the federal government maintains the No Fly List is <> Terrorist Watch List. So presumably although I can't be sure, the FBI is going to push back that their secret list be used like that, and I assume we'd have to make some other secret list that is different from our other secret lists.

But I can WALK IT BACK as ikes says, and I appreciate that the utter confusion between the federal government's completely non-transparent terrorist surveillance operations ("the No Fly List is not the TSCB list!") is to an extent entirely understandable and I almost feel churlish carrying the surveillance state's water lecturing people about how A <> B when I mean, honestly, who the **** knows what the FBI/DHS is doing. It's not a transparent process. Which brings us back to the start: there's no ****ing way people should consent to letting FBI discretion determine which Constitutional rights are respected and which aren't.

Last edited by DVaut1; 06-14-2016 at 11:53 AM.
06-14-2016 , 11:43 AM
Your right to own a gun is Constitutionally protected. Last time I checked, machine guns are still banned. It doesn't extend to any gun, any time, can be owned by any person.

The original AWB was challenged in court several times and it always held up. The machine gun ban has not fallen to constitutional challenges, and it's been on the books for a long time.
06-14-2016 , 11:44 AM
Quote:
Originally Posted by SenorKeeed
Simply not true. You just need 2 more RBGs on the Supreme Court.
That would fall under subverting the constitution.
06-14-2016 , 11:45 AM
Quote:
Originally Posted by ikestoys
That would fall under subverting the constitution.
Nominating two liberal judges falls under subverting the constitution?
06-14-2016 , 11:46 AM
Quote:
Originally Posted by einbert
Your right to own a gun is Constitutionally protected. Last time I checked, machine guns are still banned. It doesn't extend to any gun, any time, can be owned by any person.

The original AWB was challenged in court several times and it always held up. The machine gun ban has not fallen to constitutional challenges, and it's been on the books for a long time.
AWB held because it was so limited. If you were to ban handguns or semiautomatic weapons, that would be obviously unconstitutional because the scopes of those bans functionally take the 2nd amendment away.
06-14-2016 , 11:47 AM
Quote:
Originally Posted by ikestoys
AWB held because it was so limited. If you were to ban handguns or semiautomatic weapons, that would be obviously unconstitutional because the scopes of those bans functionally take the 2nd amendment away.
(Not that I agree with your premise.) But if this is true, why is the machine gun ban constitutional?

      
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