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Discussion in 'Law & Order' started by Backstrap, Sep 14, 2019.
FFL Guide for Facilitating Private Sales - PDF
Given the highly unlikely chance that a felon would choose to transfer his/her gun (ipso facto a felon in possession) through a legitimate FFL, it would be doubly unlikely that he/she would consent to turn it over to the FFL's possession knowing that they stand to fail their check and lose possession of their gun. Such a circumstance is very, very unlikely to occur.
On the other hand, the purpose of making NICS checks available to private party sales is to assure a prospective seller of the potential buyer's ability to own a gun. As long as the prospective seller retains possession of his/her gun, the burden of passing the background check falls only on the buyer-to-be.
Or they could pull a G Gordon Liddy and make their wives the owners of all of their weapons.
Would be nice if we could just use our CCL as proof of being legally able to buy . . . each state could implement a CCL "EZ Check" like there is for checking the validity of FFLs. But I get it that not everyone who sells privately would stipulate the buyer must possess a CCL or other license to carry.
Bobby, I like the simple idea, and it would indeed be an improvement, but it quickly becomes "back door" registration. No reason to register all firearms, if I have a listing of owners.
True . . . I think it would only work if it was a voluntary program where only those who didn't want to complete a 4473 each purchase would participate in.
All the FBI has to do is request copies of all of our 4473 (or contact NICs for their list) and/or our A&D books and they have a list anyway though . . .
I don't normally get into these type of discussions as they are mostly politics.
What I have not seen commented on is the faulty NCIC records system. There is no legal requirement for the reporting of criminal or court adjudicated mental health records to NCIC. An arresting Agency may or may not report to NCIC. Recall a recent mass shooting where the shooter had a felony conviction via Military court martial and was never reported to NCIC. The Military is in this case a Federal Law Enforcement Agency and they aren't reporting?
This back ground check has been discussed as far back as GCA 68 and probably before, and weakness has always been incomplete criminal records.
Even then the bigger issue with the current records check system for dealer-NICS. Complete lack of prosecution. Why have a law if you don't enforce it. One "excuse" given for not prosecuting-it would bog the system down...hum.
Where is the rage from the left when straw purchases leading to guns going to convicted felons are not being prosecuted? What about a lack of prosecution of attempts to buy firearms by non eligible felons?
The gun used Omaha Police Officer Kerrie Orozco was from a straw purchase. Jalita Johnson purchased it for her boyfriend.
She received a sentence of a week of community service, 6 month house confinement, and a year of probation.
The penalty for a straw purchase is up to 10 years prison.
Yep. I've always advocated for improving the data behind NICs before throwing more laws out there.
Exactly. They are completely unaware of the lack of prosecution but want "moar laws".