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-   -   Executive Order: the Danger of U Background Checks (http://www.firearmstalk.com/forums/f97/executive-order-danger-u-background-checks-83434/)

jefferis 02-05-2013 12:02 PM

Executive Order: the Danger of U Background Checks
 
The Danger of Executive Orders and a Universal Background Check

So, if a universal background check (UBC) is passed, and the president decides through executive order to stop processing background checks (or the system is shut down due to budget constraints, or due to natural or man-made disaster), wouldn’t that put a universal gun ban in place immediately?

Shouldn’t there be a provision in any bill that if the UBC is shut down for any reason for longer than 4 days, that the law becomes null and void until such a time as the UBC is reinstated?

A UBC’s registration criteria should also be immune to political manipulation and tightly controlled. For instance, liberals in Congress would like to define NRA members, Second Amendment Supporters, and all those people who “cling to their God and their guns,” as mentally unstable and therefore subject to a gun ban. Not so far-fetched when Homeland Security decided to include fundamentalist Christians and our military veterans in its identification of potential terrorists!

http://www.flickr.com/photos/26087974@N05/6751978645

JTJ 02-05-2013 12:11 PM

I wish someone had done a real background check on our illustrious leader.

Yunus 02-05-2013 12:44 PM

The current system for background checks requires a specific denial to stop a sale and there is a set time limit in which they need to deny the individual, 3 business days I think?

http://www.fbi.gov/about-us/cjis/nics/general-information/fact-sheet

Maybe an FFL can offer more insight about what the procedures are if you are unable to submit the request in the first place.

locutus 02-05-2013 01:03 PM

Quote:

Originally Posted by Yunus (Post 1124795)
The current system for background checks requires a specific denial to stop a sale and there is a set time limit in which they need to deny the individual, 3 business days I think?

http://www.fbi.gov/about-us/cjis/nics/general-information/fact-sheet

Maybe an FFL can offer more insight about what the procedures are if you are unable to submit the request in the first place.

3 days. and if they ignored the time restraints, the courts would intervene. The UBC is stu[id, but it's not a conspiracy.

eldarbeast 02-05-2013 01:05 PM

Quote:

Originally Posted by locutus (Post 1124818)
3 days. and if they ignored the time restraints, the courts would intervene. The UBC is stu[id, but it's not a conspiracy.

Courts can take up to YEARS to be resolved...

eldar

danf_fl 02-05-2013 05:35 PM

The ATF agent informed on my last inspection that should someone not have a favorable background check, there is no way (unless cleared by a court) that they could get the firearm.

The FFL at that time can:
1. Sell the firearm for the individual,
2. If the firearm came in as a transfer, send it back to seller and hope the buyer reimburses the shipping and background check fees.
3. Buy the firearm by giving the buyer money and reselling it or transferring it to themselves.

I really do not think someone who knows they will fail the background check is going to us an FFL for a transfer.
So what good would does the Universal Background check do? Nothing more than what we have now, and will cost the taxpayer or FFL holder more money.

jefferis 02-05-2013 06:07 PM

If Biden says we don't have the manpower or time to prosecute or manage the existing system, and we are going broke as a nation, how are we going to be able to afford to institute a system (including all the executive orders just passed) that is going to require 1,000's more agents?

locutus 02-05-2013 06:30 PM

If the UBC goes through, it will simply require all sales to go through a dealer's books, including the insta-chek system.. It won't really require extra personnel.

It's stupid, useless and won't solve any problems, but it's not the end of the world either. It will be a minor PITA, but we can live with it if we have to.

TNFrank 02-05-2013 08:15 PM

From my personal experience background checks can be over turned if the person has proper paperwork that shows where it was made in error.
Long story as short as I can make it:
Did something stupid when I was 18, 3 years probation, Class 3 Felony amended to a Misdemeanor after successful completion of probation. Had Misdemeanor Expunged so by law I've NEVER had a Felony conviction or even a Misdemeanor one for that matter.
Still shows up on my Brady check, got denied once and had to send in all my paper work to TBI to get things straightened up. Now it only takes about 4 or 5 hours for me to go through the "Insta-Check" because they see that there WAS something there and sit and scratch their heads for hours trying to figure out what's going on.
99% of the time I refuse to buy from a dealer because I just don't like risking getting denied or waiting for hours. Doesn't matter that I've had a Tennessee Carry permit since inception or a C&R Type 03 FFL, it still take them quite a while to get me approved.
The Insta-Check IS total infringement on gun owners.

BobbyJoe 02-05-2013 08:51 PM

Quote:

Originally Posted by locutus (Post 1125195)
If the UBC goes through, it will simply require all sales to go through a dealer's books, including the insta-chek system.. It won't really require extra personnel.

It's stupid, useless and won't solve any problems, but it's not the end of the world either. It will be a minor PITA, but we can live with it if we have to.

In order for this to work, it will require national registration. This leads to confiscation.


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