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#2
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posted to rec.boats
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On Tue, 5 Jan 2016 16:53:26 -0500, "Mr. Luddite"
wrote: Not sure about them being a federal felony. Were the sellers officially "dealers"? As I understand current federal laws, if they are not dealers, a background check is not required. Correct me if I am wrong please. GCA 68 forbids purchase out of state and all of these purchases were outside of Georgia where the CNN people live. (private or FFL sale) Taking those illegally purchased guns across a state line is another felony, each time. I posted the statute numbers the last time we had this discussion. My understanding of his executive action is that *all* transactions will require a background check, FFL dealer or casual seller. So much for your other note about a rare casual sale. As for the state laws, yes, I think I recall it mentioned that the seller was supposed to verify the buyer's address to make sure he was not from out of state. Only one of the sellers did so, IIRC. Most states mirror the federal law. Yours actually goes far beyond but you know that |
#3
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posted to rec.boats
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On Tue, 5 Jan 2016 16:53:26 -0500, "Mr. Luddite"
wrote: Not sure about them being a federal felony. Were the sellers officially "dealers"? As I understand current federal laws, if they are not dealers, a background check is not required. Correct me if I am wrong please. === I believe the federal felony occurred whrn they crossed state lines. |
#4
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posted to rec.boats
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#5
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posted to rec.boats
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On 1/5/2016 10:25 PM, wrote:
On Tue, 05 Jan 2016 22:07:39 -0500, wrote: On Tue, 5 Jan 2016 16:53:26 -0500, "Mr. Luddite" wrote: Not sure about them being a federal felony. Were the sellers officially "dealers"? As I understand current federal laws, if they are not dealers, a background check is not required. Correct me if I am wrong please. === I believe the federal felony occurred whrn they crossed state lines. That was the second felony. Buying a gun in a state you are not a resident of was the first one. The seller could be accused of not doing his due diligence in finding out where the buyer lived but the buyer knew he was not in his home state. Even attempting to buy the gun and being turned down is a crime. I doubt any individual has ever been prosecuted under this law unless it was part of a larger interstate trafficking investigation. These guys are looking for a table full (or a garage full) of guns that will make the NBC nightly news, not one guy selling one gun ... no matter how many times he does it. I just asked Wayne a question that I'll repeat here. If those gun show sellers were required to do a background check on the buyer, how many of those sales would have happened? Executing the sale would also make the seller criminally negligent, wouldn't it? |
#6
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posted to rec.boats
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On Wed, 6 Jan 2016 02:00:48 -0500, "Mr. Luddite" wrote:
On 1/5/2016 10:25 PM, wrote: On Tue, 05 Jan 2016 22:07:39 -0500, wrote: On Tue, 5 Jan 2016 16:53:26 -0500, "Mr. Luddite" wrote: Not sure about them being a federal felony. Were the sellers officially "dealers"? As I understand current federal laws, if they are not dealers, a background check is not required. Correct me if I am wrong please. === I believe the federal felony occurred whrn they crossed state lines. That was the second felony. Buying a gun in a state you are not a resident of was the first one. The seller could be accused of not doing his due diligence in finding out where the buyer lived but the buyer knew he was not in his home state. Even attempting to buy the gun and being turned down is a crime. I doubt any individual has ever been prosecuted under this law unless it was part of a larger interstate trafficking investigation. These guys are looking for a table full (or a garage full) of guns that will make the NBC nightly news, not one guy selling one gun ... no matter how many times he does it. I just asked Wayne a question that I'll repeat here. If those gun show sellers were required to do a background check on the buyer, how many of those sales would have happened? Executing the sale would also make the seller criminally negligent, wouldn't it? I have yet to go to a gun show where background checks were not performed on the spot by the dealers selling guns. And, I've been to a bunch of gun shows. Individuals selling a gun out of their trunk (the loophole?) couldn't do a background check if they wanted to. Remember, Greg (another who says nothing can be done?) suggested a while back to allow anyone to run the background check program. Why not? But right now it's not possible. Kinda stupid, huh? -- Ban idiots, not guns! |
#7
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posted to rec.boats
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On Wed, 6 Jan 2016 02:00:48 -0500, "Mr. Luddite"
wrote: On 1/5/2016 10:25 PM, wrote: On Tue, 05 Jan 2016 22:07:39 -0500, wrote: On Tue, 5 Jan 2016 16:53:26 -0500, "Mr. Luddite" wrote: Not sure about them being a federal felony. Were the sellers officially "dealers"? As I understand current federal laws, if they are not dealers, a background check is not required. Correct me if I am wrong please. === I believe the federal felony occurred whrn they crossed state lines. That was the second felony. Buying a gun in a state you are not a resident of was the first one. The seller could be accused of not doing his due diligence in finding out where the buyer lived but the buyer knew he was not in his home state. Even attempting to buy the gun and being turned down is a crime. I doubt any individual has ever been prosecuted under this law unless it was part of a larger interstate trafficking investigation. These guys are looking for a table full (or a garage full) of guns that will make the NBC nightly news, not one guy selling one gun ... no matter how many times he does it. I just asked Wayne a question that I'll repeat here. If those gun show sellers were required to do a background check on the buyer, how many of those sales would have happened? Executing the sale would also make the seller criminally negligent, wouldn't it? I ask again, if that is your goal, why not just open up the background check to private citizens? Is that too easy? |
#8
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posted to rec.boats
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On 1/6/2016 11:02 AM, wrote:
On Wed, 6 Jan 2016 02:00:48 -0500, "Mr. Luddite" wrote: On 1/5/2016 10:25 PM, wrote: On Tue, 05 Jan 2016 22:07:39 -0500, wrote: On Tue, 5 Jan 2016 16:53:26 -0500, "Mr. Luddite" wrote: Not sure about them being a federal felony. Were the sellers officially "dealers"? As I understand current federal laws, if they are not dealers, a background check is not required. Correct me if I am wrong please. === I believe the federal felony occurred whrn they crossed state lines. That was the second felony. Buying a gun in a state you are not a resident of was the first one. The seller could be accused of not doing his due diligence in finding out where the buyer lived but the buyer knew he was not in his home state. Even attempting to buy the gun and being turned down is a crime. I doubt any individual has ever been prosecuted under this law unless it was part of a larger interstate trafficking investigation. These guys are looking for a table full (or a garage full) of guns that will make the NBC nightly news, not one guy selling one gun ... no matter how many times he does it. I just asked Wayne a question that I'll repeat here. If those gun show sellers were required to do a background check on the buyer, how many of those sales would have happened? Executing the sale would also make the seller criminally negligent, wouldn't it? I ask again, if that is your goal, why not just open up the background check to private citizens? Is that too easy? I don't have a problem with that. It has to be a double edged though, meaning someone who sells or transfers a gun to someone else without doing the background check ... or transfers the gun even though the background check found the buyer to be not eligible, the seller has some culpability should the gun end up being used in a crime. It will require a data base and registry of owners, something that few people with guns are willing to accept. |
#9
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posted to rec.boats
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#10
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posted to rec.boats
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On Wed, 6 Jan 2016 01:56:09 -0500, "Mr. Luddite"
wrote: On 1/5/2016 10:07 PM, wrote: On Tue, 5 Jan 2016 16:53:26 -0500, "Mr. Luddite" wrote: Not sure about them being a federal felony. Were the sellers officially "dealers"? As I understand current federal laws, if they are not dealers, a background check is not required. Correct me if I am wrong please. === I believe the federal felony occurred whrn they crossed state lines. Ok. Then let me ask this: If the sellers of those guns at the gun shows had been required to do a background check on the buyer (making them liable as well for breaking federal law) how many of them would have made the transaction without even asking for identification? The "gun show" rhetoric is really flawed since the transactions CNN participated in were outside the actual gun show. They had to go on a 4 state road drip to find a couple of people who were willing to break the law. So what? They started this quest with the conclusion in mind and searched for the proof on a 600 mile drive. I am sure there were plenty of law breakers right in downtown Atlanta who would have sold them an illegal gun. They could have picked up some illegal drugs and got a hooker in the same area. |
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