NRA v. Ashcroft

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Vol. 8, No. 8

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2/23/2001

NRA v. Ashcroft

John Ashcroft
Don't be alarmed by the name of this lawsuit, as this litigation is just the latest incarnation of NRA v. Reno - NRA's suit against the government's illegal retention of records of lawful gun purchasers who underwent a NICS check. As the new Attorney General, John Ashcroft's name simply replaced that of his predecessor.
At issue is whether the government's retention of lawful gun purchasers under NICS can be retained in what the FBI deems an "audit log." Section 103(I) of the Brady Act clearly provides that no federal agency may
"require that any record" generated by NICS "be recorded at or transferred to a facility owned, managed, or controlled by the United States," or
use NICS "to establish any system for the registration of firearms, firearm owners, or firearm transactions," except of ineligible persons.
Additionally, 18 U.S.C. 922(t)(2) spells out that, if a person may lawfully receive a firearm, NICS shall assign a unique number, provide the number to the dealer, and "destroy all records of the system with respect to the call" (other than the number and the date) and "all records of the system relating to the person or the transfer."
The petition to have the case heard by the U.S. Supreme Court was filed yesterday.

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