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background checks at gun shows

Discussion in 'Legal & Political Archive' started by soulrider, Jan 14, 2013.

  1. soulrider

    soulrider Aloha/Beaverton Member

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    Now, I keep hearing that they are going to require background checks at gun shows. do we not already do this? Why is this talked about so much? Is it just something that the propaganda conglomerate (media) has grabbed a hold of, and like a dog with a bone.. Wont let go of?
     
  2. Kevatc

    Kevatc Oregon Well-Known Member

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    I'm not sure. Like you I thought transactions at gun shows do go through the NICS. Sometimes I wonder if the media considers the "gun show loophole" and private sales as one in the same thing. All I know is that the Virginia Tech shooter made it through the NICS check even though he had already been shown to be mentally unstable. The NICS system didn't fail in this instance but the system that allowed his mental instability issues to go unreported due to privacy concerns did fail everyone.

    I would have to assume that Cho, Loughner, and Holmes might not have done what they did had their mental status been reported so that NICS had access to it. NICS would've had zero impact on the Sandy Hook tragedy as I understand it that Lanza took his mothers legally acquired firearms.
     
  3. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    Guns sold by an FFL holder must go through the normal background check no matter wether sold at their store or a gun show. Privately owned firearms can be sold with no background check at most gun shows or on a street corner, just like your car, refer or other privately owned item.
     
  4. bcp

    bcp SW WA Member

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    Oregon requires background checks at gun shows. Washington doesn't.
    ----------------------------------------------------------------------------------
    OREGON

    166.438 Transfer of firearms at gun shows.(1) A transferor other than a gun dealer may not transfer a firearm at a gun show unless the transferor:

    (a)(A) Requests a criminal background check under ORS 166.436 prior to completing the transfer;

    (B) Receives notification that the recipient is qualified to complete the transfer; and

    (C) Has the recipient complete the form described in ORS 166.441; or

    (b) Completes the transfer through a gun dealer.

    (2) The transferor shall retain the completed form referred to in subsection (1) of this section for at least five years and shall make the completed form available to law enforcement agencies for the purpose of criminal investigations.

    (3) A person who organizes a gun show shall post in a prominent place at the gun show a notice explaining the requirements of subsections (1) and (2) of this section. The person shall provide the form required by subsection (1) of this section to any person transferring a firearm at the gun show.

    (4) Subsection (1) of this section does not apply if the transferee is licensed as a dealer under 18 U.S.C. 923.

    (5)(a) Failure to comply with the requirements of subsection (1), (2) or (3) of this section is a Class A misdemeanor.

    (b) Notwithstanding paragraph (a) of this subsection, failure to comply with the requirements of subsection (1), (2) or (3) of this section is a Class C felony if the person has two or more previous convictions under this section.

    (6) It is an affirmative defense to a charge of violating subsection (1) or (3) of this section that the person did not know, or reasonably could not know, that more than 25 firearms were at the site and available for transfer. [2001 c.1 §7]

    http://www.leg.state.or.us/ors/166.html
     
  5. soulrider

    soulrider Aloha/Beaverton Member

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    deen.... Is that Oregon and Washington? I see you are in Vancouver
     
  6. soulrider

    soulrider Aloha/Beaverton Member

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    Thank you bcp... I looked but could not find that info.