Zim (VampireZIM) Arrested for Transporting Loaded Firearm

[J’raxis 270145]

Certainly sounds like Evan's reputation as such a great gun-rights lawyer is highly overrated.

[Russell Kanning]

he probably does as much as any gun rights lawyer can do ... just like a healthy pork rib chef

[MaineShark]

he probably does as much as any gun rights lawyer can do ... just like a healthy pork rib chef

I'm using that line, from now on...

Joe

[J’raxis 270145]

Evan's certainly rehabilitated his reputation with his handling of Bill Walker's case, in my opinion.

He got the two gun charges dismissed on the grounds that Bill's Virginia license, despite the State not explicitly having reciprocity with Virginia, must be recognized under the full faith and credit clause of the U.S. Constitution. If I recall correctly, that Virginia licenses are court documents plays into this.

Now Evan is going after the Manchester P.D. for illegally running NICS checks on people who come to claim their firearms from evidence. Apparently three towns around New Hampshire (at least) are known to be doing this, so there's talk of major action underway here to shut this down once and for all.

[David]

Good for Bill and Evan.   

[KBCraig]

Now Evan is going after the Manchester P.D. for illegally running NICS checks on people who come to claim their firearms from evidence. Apparently three towns around New Hampshire (at least) are known to be doing this, so there's talk of major action underway here to shut this down once and for all.

Hmmm... a technical question, if anyone knows...

How exactly would they perform NICS checks? Unless I'm mistaken, only Type 01 (Dealer) FFLs have access to call in to NICS. An ID number and PIN are required. BATF Form 4473 must be completed by both the recipient and the dealer.

Unless all that is happening, it's not NICS.

Perhaps they're doing NCIC checks instead. While it's a similar abbreviation, it's a very different system with different information. NICS only says "approved", "delayed", or "denied"; NCIC gives all information on previous convictions, outstanding warrants, etc.

Still wrong to do.

[J’raxis 270145]

Now Evan is going after the Manchester P.D. for illegally running NICS checks on people who come to claim their firearms from evidence. Apparently three towns around New Hampshire (at least) are known to be doing this, so there's talk of major action underway here to shut this down once and for all.

Hmmm... a technical question, if anyone knows...

How exactly would they perform NICS checks? Unless I'm mistaken, only Type 01 (Dealer) FFLs have access to call in to NICS. An ID number and PIN are required. BATF Form 4473 must be completed by both the recipient and the dealer.

Unless all that is happening, it's not NICS.

Perhaps they're doing NCIC checks instead. While it's a similar abbreviation, it's a very different system with different information. NICS only says "approved", "delayed", or "denied"; NCIC gives all information on previous convictions, outstanding warrants, etc.

Still wrong to do.

As I understand it, in New Hampshire, dealers contact some State agency who in turn contact NICS. Evan referred to this as the "gun line," which is apparently under the Department of Safety. Apparently several police agencies are using this thing, too, which in turn is giving them unauthorized, illegal access to NICS.

He referred to /'niks/ throughout the entire conversation, so I assume he meant NICS, not NCIC.

[firecracker joe]

even a  broken clock is right twice a day , lawyers are lawyers some are better than others but there is only so much you can do when it comes to the judicial sysrem.
I'm glad athings worked out for bill and Ivy but if they werent arrested they wouldnt have had to deal with all the court bullshit.

[KBCraig]

Now Evan is going after the Manchester P.D. for illegally running NICS checks on people who come to claim their firearms from evidence. Apparently three towns around New Hampshire (at least) are known to be doing this, so there's talk of major action underway here to shut this down once and for all.

Hmmm... a technical question, if anyone knows...

How exactly would they perform NICS checks? Unless I'm mistaken, only Type 01 (Dealer) FFLs have access to call in to NICS. An ID number and PIN are required. BATF Form 4473 must be completed by both the recipient and the dealer.

Unless all that is happening, it's not NICS.

Perhaps they're doing NCIC checks instead. While it's a similar abbreviation, it's a very different system with different information. NICS only says "approved", "delayed", or "denied"; NCIC gives all information on previous convictions, outstanding warrants, etc.

Still wrong to do.

As I understand it, in New Hampshire, dealers contact some State agency who in turn contact NICS. Evan referred to this as the "gun line," which is apparently under the Department of Safety. Apparently several police agencies are using this thing, too, which in turn is giving them unauthorized, illegal access to NICS.

He referred to /'niks/ throughout the entire conversation, so I assume he meant NICS, not NCIC.

For handguns, the state is the point-of-contact and completes the NICS check. For long guns, the FBI completes NICS. (Spreadsheet; explanatory key.)

Apparently what is happening is that MPD is contacting the state system. I believe this is an illegal misuse of NICS, even just the state portion of it.

http://www.gencourt.state.nh.us/rsa/html/XII/159-D/159-D-mrg.htm

159-D:1 Sale of Firearms; Criminal History Record and Protective Order Check. – The department of safety may become the point of contact for the federal government for the purposes of the National Instant Criminal Background Check System (NICS).

Source. 1999, 336:1, eff. Nov. 3, 1999.

    159-D:2 Confidentiality. –
    I. If the department of safety conducts criminal background checks under RSA 159-D:1, any records containing information pertaining to a potential buyer or transferee who is not found to be prohibited from receipt or transfer of a firearm by reason of state or federal law, which are created by the department of safety to conduct the criminal background check, shall be confidential and may not be disclosed by the department or any officers or employees to any person or to another agency. The department shall destroy any such records after it communicates the corresponding approval number to the licensee and, in any event, such records shall be destroyed within one day after the day of the receipt of the licensee's request.
    II. The department shall retain records containing any information pertaining to a potential buyer or transferee who is prohibited from receipt or transfer of a firearm for 3 years.
    III. Notwithstanding the provisions of this section, the department may maintain only a log of dates of requests for criminal background checks and unique approval numbers corresponding to such dates for an indefinite period.
    IV. Nothing in this section shall be construed to allow the department to maintain records containing the names of licensees who receive unique approval numbers or to maintain records of firearm transactions, including the names or other identification of licensees and potential buyers or transferees, including persons not otherwise prohibited by law from the receipt or possession of firearms.

Source. 1999, 336:1, eff. Nov. 3, 1999.