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#2
posted to rec.boats
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Purchasing a Pistol
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! |
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#3
posted to rec.boats
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Purchasing a Pistol
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? |
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#4
posted to rec.boats
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Purchasing a Pistol
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. |
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