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-   -   Back ground checks? (http://www.firearmstalk.com/forums/f97/back-ground-checks-89130/)

thdrduck 04-19-2013 12:41 PM

Back ground checks?
 
I believe it when they say the public at large supports more back ground checks. No one thinks it's a good idea to let a whackadoodle go to a gun show and buy anything they want. I don't understand back ground checks on internet sales. I was not aware that you could buy a gun over the internet without using a FFL holder. I could be mistaken, but I believe you must use a FFL holder to ship a modern gun so why add another law to something that is already covered??? Could someone explain?

CharlieFoxtrot 04-19-2013 12:51 PM

They are targeting individuals that advertise their firearms for sale. They want people to have to go and do an FFL transfer of any firearm purchase. So if you post a gun on a forum for sale or anywhere like that, and I wanted to buy your firearm we would have to go to an FFL to do a NICS check.

rifleman77 04-19-2013 12:59 PM

Background checks vary greatly by state. In Indiana it's 12 questions and a phone call. In Cali or New York it's a 10 day wait.

c3shooter 04-19-2013 01:43 PM

The 1968 Gun Control Act is the FEDERAL law that regulates the sale/ manufacture/ transfer of firearms. When ownership of a firearm is being transferred across a state line, then it kicks in.

With the exception of a firearm transferred by inheritance, firearm transfers across a state line must go TO a FFL in the receiving state. Does not matter if you bought it on the internet, got it as a present from Aunt Fred, or saw it in the local Trading Post newspaper.

When the media is talking about guns, they do not tell you that right up there. If you transfer a gun to another resident of your own state, FEDERAL law does not come into play. No interstate commerce.

Here is what I would like to see-

First, if you have someone that is setting up a table at every gun show, selling guns, and they are NOT a licensed dealer (which the law DOES require)- then tell the bloody Feds to start enforcing the law.

Second- background checks- right now, YOU could not run any kind of background check on ME without my permission. And you cannot access the NCIC system- prohibited. Which means you cannot check a serial number to see if a gun has been reported stolen.

WHY ?

This stuff should be open. You have a criminal record- why should I NOT be able to see that? Want to run a serial number? Fire up the computer!


The problem with the legislation that was just shot down- it had more flaws than a $2 diamond. We have had a few posts here analyzing what it said- and what it said and what it meant were not always the same thing.

Several years ago, we had a bill entered here in Virginia to outlaw anti-tank weapons. Gee- who could oppose THAT? Problem- they way the bill was WORDED- it would have outlawed every 30-06, .308, 8mm Mauser, .303 Enfield, 7.62x54R, 7.62x39, 5.56, 7.65 Argentine, Arisaka and Carcano rifle made.

TNFrank 04-19-2013 01:45 PM

Yep, basically they want to impose background checks on local, face to face sales when you buy a firearm from a guy on your local "guns for sale" forums.
99.9% of the guns sold on local forums in face to face sales have paper one them from some place so it's not like they've magically appeared and someone who misuses one will not be able to be traced.
Remember Gun Control is all about the CONTROL and not so much about the Gun. They think they know better then the Founding Fathers and can override the Constitution and Bill of Rights. Well, it's going to come back to bite em' in the butt. Let Obama try his Executive Orders, they'll only get thrown out in Court or end up getting him impeached.

Warrior1256 04-20-2013 12:21 AM

Quote:

Originally Posted by c3shooter (Post 1219188)
The 1968 Gun Control Act is the FEDERAL law that regulates the sale/ manufacture/ transfer of firearms. When ownership of a firearm is being transferred across a state line, then it kicks in.

With the exception of a firearm transferred by inheritance, firearm transfers across a state line must go TO a FFL in the receiving state. Does not matter if you bought it on the internet, got it as a present from Aunt Fred, or saw it in the local Trading Post newspaper.

When the media is talking about guns, they do not tell you that right up there. If you transfer a gun to another resident of your own state, FEDERAL law does not come into play. No interstate commerce.

Here is what I would like to see-

First, if you have someone that is setting up a table at every gun show, selling guns, and they are NOT a licensed dealer (which the law DOES require)- then tell the bloody Feds to start enforcing the law.

Second- background checks- right now, YOU could not run any kind of background check on ME without my permission. And you cannot access the NCIC system- prohibited. Which means you cannot check a serial number to see if a gun has been reported stolen.

WHY ?

This stuff should be open. You have a criminal record- why should I NOT be able to see that? Want to run a serial number? Fire up the computer!


The problem with the legislation that was just shot down- it had more flaws than a $2 diamond. We have had a few posts here analyzing what it said- and what it said and what it meant were not always the same thing.

Several years ago, we had a bill entered here in Virginia to outlaw anti-tank weapons. Gee- who could oppose THAT? Problem- they way the bill was WORDED- it would have outlawed every 30-06, .308, 8mm Mauser, .303 Enfield, 7.62x54R, 7.62x39, 5.56, 7.65 Argentine, Arisaka and Carcano rifle made.

Yeah, a week ago I wrote on one of these forums that I did not support enhanced background checks but would not be very upset if it passed. Then someone much better informed than me pointed out the various "slippery slope" areas of the bills that could hurt us bad. I was wrong, taught me a valuable lesson.

fa35jsf 04-20-2013 12:38 AM

The only time I have not had a background check was when I bought a gun and presented my Concealed Handgun License, which allows you to forgo the NICS system if the dealer doesn't want to call it in. You still have to fill out the paperwork

primer1 04-20-2013 02:17 AM

I never realized that someone selling firearms at a gunshow, holding a table, was committing a felony. Or am I reading that wrong?

fa35jsf 04-20-2013 05:03 AM

you are reading that wrong. In most states it is perfectly legal for a private citizen to sell a firearm to another citizen without a background check.

However, if the person deals in the arms trade (aka they have a gun shop or something else and are a licensed FFL dealer) then they have to run a background check through NICS, even at a gun show.

Don't trust the numbers thrown out by the media. They pick the most extreme and biased numbers they can find, then round them up further and spit the data off, even if the numbers are almost 2 decades old like the "40% of people don;t go through a background check" BS. I believe that number comes from a survey done in the early 1990's before the new laws and NICS background check program


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