BamaD
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quote:
ORIGINAL: MercTech
I guess that I am a bit of a purist on these things.
By referring to this as a gun show loophole it reinforces the widespread misconception that the dealers at gun shows don't have to do background checks which is, as you know false.
What you seem to want is universal background checks.
Does this include passing firearms to my son?
Or trading with him?
Does it even include trading firearms as both people have already been checked.
When I personally sell a firearm I insist on seeing a Alabama pistol permit, as that proves they have already been checked out and have a clean record.
It seems to me that before you start increasing the number of background checks the system should be fully staffed and it should be mandatory for all states to enter all the relevant information.
On passing firearms to your son.... The Canadian system is interesting. If you want to let another person use one of your firearms you have to go to the RCMP and get a temporary license to acquire. I checked on this after a co-worker at CNL asked if I would be interested in Bear hunting on a long weekend. Well it takes several months and $175.00 plus cost of a background check with the FBI plus $275.00 for a non resident hunting permit. I went along and (cough cough) didn't touch a loaned firearm and cooked in camp while the other lads hunted.
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On "universal background checks". The proponents of such most often refuse to define what they mean by "universal background checks" so it is extremely difficult to know whether it is paranoid gun grabber silliness or a workable solution to track all firearms transfers. Most proponents of increased background checks ignore that if you are in the business of selling firearms, even as a hobby, you have to have a Federal Firearms License.
I once asked an ATF agent what constitutes needing an FFL as opposed to an individual just trading as a hobby. I was told that if you are consistently making a profit from firearms sales or do a significant number of sales or trades in a year you will be investigated. About six trades a year can get you flagged for investigation. Plus, if your name comes up as a source for a firearm used by a felon not authorized to own such; you can have all of your firearms confiscated and held as evidence while you are investigated for illegal firearm sales. (Why I was talking to an ATF agent is a total other story.)
The NICS system is hard pressed to handle dealer background checks at present much less the flood of more background checks if "Universal" was implemented. NICS needs much better operations to be effective. Witness the fruit loop in the Carolinas that was able to acquire a firearm and shoot up a church because his felony drug conviction hadn't been entered into the background check database yet.
Questions to ask on Universal Background Checks
1> Will you be required to go to a FFL holder to get a background heck done and how much will the fee be for the background check?
2> Are you required to do a background check for any transfer of use of a firearm such as they do in Canada? (loan a weapon to a relative or friend)
3> Will a background check be required for gifting a firearm?
4> If left as part of an estate; when does the background check get done for the transfer?
5> Will individuals be able to access the NICS database for a background check or do thay have to travel to a FFL holder?
6> Will FFL holders be required to do background checks for anyone who needs one?
7> Who is required to keep the firearm sales form on file? https://www.atf.gov/file/61446/download
8> If the seller of a private sale is required to keep the firearm sales form; who is responsible for transferring it to the ATF upon the death of the record keeper?
9> If you find a firearm in old Uncle Veteran's foot locker; how do you document your background check so you can legally register the possession of it?
Thus the quagmire of cascading related issues comes back around to "What do you mean by Universal Background Checks?" The bills proposed to date don't specify enough leaving vague terminology that can readily be used in a confiscatory manner. And no one has addressed who and how much will have to be allocated from the public purse to fund a draconian level of record keeping. (Yes, totally draconian if you have to reccord and keep records on a background check for every loaned or rented weapon each and every time. - Public skeet ranges. Tourist attractions that allow renting a weapon so you can have the thrill if firing a gun like the place in Vegas that allows rental time on a Class 3 weapon.)
The only "gun show loophole" is private sales. If a fellow has a table at a gun show and is selling actual firearms and not just parts' he is going to be a FFL holder. Two guys trading weapons standing in the aisle or in the parking lot is not a common occurrence except in the mind of the paranoid. Reasonable controls are acceptable but you have to have a plan and not just a buzz word. Those armed with just a buzz word and citing no facts get no respect or support from those who love truth and logic. Reals trump feels, ya know.
1 Here those background checks start at 50$ and go up from there.
2 In some states yes, in Oregon recently a minister won an AR in a drawing with intent to destroy it because he was a gun control advocate who had campaigned for their universal background check law.
He was arrested because he stored it in another persons home because being anti-gun person he couldn't legally store it in his home. Though he had fought for the law he had no idea that this violated the law. It should be noted that the person he stored it with did not and never had any intention of using the gun.
3 If giving a firearm as a gift (a new one) you have to get the background check so yes. In fact I have never heard anyone pushing this that didn't say that it would afviod this "loophole"
4 That would be one of those things that vary from state to state , unlike some people , not knowing does keep me from making a proclamation.
5 If you could trust people to do their own background checks why do them in the first place.
6 Most likely, why would they miss the opportunity to take advantage of a captive audience.
7 The person who does the background.
8&9 good questions.
< Message edited by BamaD -- 11/7/2016 9:52:40 AM >
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