Brady Registration for private sales at gun shows goes into effect; lawsuit planned

April 2nd, 2001 -- This weekend, the state implemented Amendment 22, forcing all private sales at gun shows to undergo the Brady Registration check.

Rocky Mountain Gun Owners has commissioned our attorney to do a feasibility study on filing suit against the Brady Registration system based on these grounds: the Colorado Constitution bars "calling into question" a citizens right to keep and bear arms.

No, this would not be a lawsuit against just Amendment 22. There are other so-called "gun rights" organizations who whine and moan about specific provisions of Amendment 22, but they are rather transparent.

These groups cannot openly oppose "background checks" because they have openly supported them in the past. 10 months before the November 2000 elections, the NRA's Randy Kozuch was quoted as saying "We don't necessarily oppose background checks for all purchases at gun shows." One month before the November election, Charlton Heston, is his own writing (not edited by a leftist journalist) proclaimed the NRA's support for Brady checks for private sales at gun shows.

Note: to those who send notes urging blind support for NRA gun controls, save your time. We have vowed to oppose gun controls, no matter who sponsors them, even at the risk of offending "the NRA can do no wrong" types.

The real reason to oppose Amendment 22 is because it expands an already unconstitutional law. It calls into question your right to own a firearm, and it is the system our government -- with Bush, Gore, or Owens at the helm -- will use to shut down our gun rights and confiscate our firearms. The only question is "when," not "if."

We will force the Colorado Supreme Court into a decision: either the Constitution means something, or it means nothing. Ignoring the rule of law is no way to run a state, much less a country.   Groups, like the NRA, who privately tell gun owners how bad the Brady system is, then brag about creating the system on national news programs, are the reason we are in the pickle we are in now.  They have capitulated and appeased our enemies for so long, that politicians on the right side of the spectrum now openly defend background checks -- despite the fact that these checks are registering gun owners by the millions. They often use the NRA's support of background checks as their reasoning for doing the same.

Are Brady Background Checks a registration of gun owners?

This weekend brought a new twist to the question, affirming that it is registration. Reportedly, CBI was charging their normal fee for the Brady check, ALONG WITH requiring sales tax be paid on the transaction.

Much like purchasing a vehicle, when you purchase a firearm, government waits until the point of registration to stick you with the sales tax, whether it is a private sale or not. If registration was not required for motor vehicles, government would have no system to verify the sale, and couldn't charge you sales tax. When a firearm is sold, CBI is using the registration of that firearm -- the Brady Registration Check -- to force the payment of sales tax.  We are anxious to hear more about how CBI is using the system, but that is mere curiosity: to alter these details is to arrange the deckchairs on the titanic.

We are in the final decision making process for this lawsuit, but it is not an easy undertaking: to do it right (some suggest we find attorneys to do it for free, but we think this takes the issue too lightly) we will spend a large sum of money.

We do not think our war will ultimately be won in the courts. But we might be able to win a battle there, forcing our enemy to fight on another front.

We'll make certain to give you the news before we release it to the media.

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