'Republican Sen. Ted Cruz admits background checks bill would not bring about national gun registry'
– @TPM
He’s wrong or TPM is mischaracterising what he said. Schu-Man-Too only prevents the Attorney General from setting up a registry.
Here’s the Schu-Man-Too text:
(c) Prohibition of National Gun Registry.-Section 923 of title
18, United States Code, is amended by adding at the end the following:
(m) The Attorney General may not consolidate or centralize the records of the
(1) acquisition or disposition of firearms, or any portion thereof, maintained by
(A) a person with a valid, current license under this chapter;
(B) an unlicensed transferor under section 922(t); or
(2) possession or ownership of a firearm, maintained by any medical or health insurance entity.”
The limit on creating a registry applies only to the Attorney General
(and thus to entities under his direct control, such as the FBI and
BATFE).
Applying inclusio unius exclusio alterius, it IS
permissible for entities other than the Attorney General, such as HHS
or DHS, to create gun registries, using whatever information they can
acquire from their own operations.
Under Schu-Man-Too, Sebelius could consolidate and centralise gun
records from the information she gathered from healthcare providers or
insurance companies. DHS could create a registry using info received
from states like Missouri. The Department of the Army could centralise
firearm information on current and former military through the VA,
questionnaires, etc. Then, HHS, DHS, the VA, etc, could compile all of
their individual data into one registry.
http://tinyurl.com/bu6tftn
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