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Deal reached on background checks?

Discussion in 'Legal & Political Archive' started by taylor, Apr 10, 2013.

  1. taylor

    taylor Willamette Valley Well-Known Member

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    I read the news and don't understand, is it commercial sales only at gun shows and stores or is it everybody but family members? can anyone explain it for me.
     
  2. beavertonbuck

    beavertonbuck Beaverton Active Member

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    TITLE TWO: REQUIRING BACKGROUND CHECKS FOR FIREARM SALES
    Summary of Title II: This section of the bill requires background checks for sales at gun shows and online while securing certain aspects of 2nd Amendment rights for law abiding citizens.- Closes the gun show and other loopholes while exempting temporary transfers and transfers between family members.- Fixes interstate travel laws for sportsmen who transport their firearms across state lines in a responsible manner. The term "transport" includes staying in temporary lodging overnight, stopping for food, buying fuel, vehicle maintenance, and medical treatment.- Protects sellers from lawsuits if the weapon cleared through the expanded background checks and is subsequently used in a crime. This is the same treatment gun dealers receive now.- Allows dealers to complete transactions at gun shows that take place in a state for which they are not a resident.- Requires that if a background check at a gun show does not result in a definitive response from NICS within 48 hours, the sale may proceed. After four years, when the NICS improvements are completed, the background check would clear in 24 hours. Current law is three business days.- Requires the FBI to give priority to finalizing background checks at gun shows over checks at store front dealerships.- Authorizes use of a state concealed carry permit instead of a background check when purchasing a firearm from a dealer.- Permits interstate handgun sales from dealers.- Allows active military to buy firearms in their home states.- Family transfers and some private sales (friends, neighbors, other individuals) are exempt from background checks

    Here is a summary but the exact langauge is not known. All sales at a gun show has to go thru NICS. Family and some privates sales are exempt. I can't wait to see the legal definition of a friend or neighbor. Remember this has to get thru the Senate and the House so let's keep our fingers crossed and keep calling your representatives.
     
  3. Morpheus

    Morpheus Columbia Gorge Anyway, back on the farm.

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    So, putting the 2nd Amendment issues aside for a moment.
    Considering that most of congress are lawyers, how the heck do they write these horrible laws? With such obvious issues due to clarity and definition? I know it isn't fully written yet (which in its self is silly), but why can't the synopsis even be more clear?
     
  4. Blitzkrieg

    Blitzkrieg WA Well-Known Member

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    These bills are written by communist staffers, not by legislators
     
  5. Morpheus

    Morpheus Columbia Gorge Anyway, back on the farm.

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    OK, that is even worse as most of the staffers are lawyers as well. As you joke, communist or not, how the heck did these people get their degrees?
     
  6. Blitzkrieg

    Blitzkrieg WA Well-Known Member

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    Lawyers are some of the worst leftists out there. "Social justice" types who love breaking down the Republics natural defenses
     
  7. Morpheus

    Morpheus Columbia Gorge Anyway, back on the farm.

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    You are missing the point. These people went to school to learn how to write legal drafts. This type of crap is like a doctor or architect who comes out of school not able to set a leg or design a building.
     
  8. Redcap

    Redcap Lewis County, WA Well-Known Member

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    No deal.
     
  9. ob1

    ob1 49th parallel Well-Known Member

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    I've heard some mention of "internet sales".

    I don't see anything in the above bill. I assume the classifieds in this site would be included.
     
  10. Morpheus

    Morpheus Columbia Gorge Anyway, back on the farm.

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    See right there, that is the type of thing I'm talking about. How do you define internet sales? Is it a private add in a online source? If it is person to person you are fine, but if you cross state lines all the other Federal laws apply. If you are a dealer, again Federal Laws apply. How do these people NOT know this crap.

    ARG!
     
  11. carracer

    carracer Nampa, Idaho Active Member

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    If you post in a local internet classifieds and your neighbor wants to buy it, that would be an internet sale. Must go thru FFL. If your local paper also lists classifieds on the internet that is internet sales. If you email someone about a gun, that is internet sales.
     
  12. Morpheus

    Morpheus Columbia Gorge Anyway, back on the farm.

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    Wow, that is the type of logic which would just wait for legal action. Someone puts a classified in a paper. They happen to have an online version. The person doesn't know about it. *POOF* instant felony!

    Wow.
     
  13. Redcap

    Redcap Lewis County, WA Well-Known Member

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    Asinine.
     
  14. taylor

    taylor Willamette Valley Well-Known Member

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    neighbors and other individuals are exempt? that's just about everybody
     
  15. ob1

    ob1 49th parallel Well-Known Member

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    Isn't that what the first guy in line said when he noticed the Aushwitz showers didn't have any soap ?
     
  16. mancat

    mancat Kitsap County Well-Known Member

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    What's my prediction? Watch them word this so that the only way to arrange a purchase of a firearm is to buy it in store. No more online firearms listings on forums or on Gunbroker, and no more online purchases allowed to be shipped to FFL holders. Buy it in person from a dealer, or go to jail.

    Maybe what I'm saying is confusing. I know that you can buy pretty much anything on the internet, so long as you have it shipped to an FFL that can do the 4473. What I'm suggesting is that there is a strong desire to eliminate the freedom to even solicit for purchases, or make a firearm available online for purchase, before the FFL receives it.
     
  17. OLDNEWBIE

    OLDNEWBIE State of Flux Well-Known Member

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    Some sharp tack reporter at reuters discovered the "friends loophole"! Be prepared for the "Proof of Friendship Amendment" What a bunch of clowns we have in D.C.!



    The background check system advocated by Manchin and Toomey, both ardent defenders of gun rights, would close a major loophole in a system that analysts say allows as many as 40 percent of gun buyers to avoid checks.

    But the agreement, designed to keep guns out of the hands of dangerous criminals and the mentally ill, has significant exemptions for "temporary transfers" of weapons or private sales among friends and family members.

    No background checks would be required in such transactions. One question surrounding the compromise is whether some gun sellers could try to avoid doing background checks by saying that buyers were "friends."
     
  18. wds

    wds eugene Member

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    Senators unveil deal on background checks - John Bresnahan and Dan Berman and Reid J. Epstein - POLITICO.com




    The way I read this artical is it covers all commercial sales. Guns stores, gun shows, and internet sales.

    Quote from page 2 "
    However, person-to-person sales — the “friends and neighbors exceptions” would not be subject to a background check.

    To me private/non comercial sales = person to person transactions.

    I am not a lawyer but, but the artical states all comercial sales.

    To me it is unclear if puting a gun for sale on NWfirearms classifieds would be internet sale?

    If putting a gun for sale on a forum even though its a noncomercial/private person to person sales qualifies as a "internet sale" and a backround check mmust be done. What about trading? According to our government silver and gold is not money. A possible end around would be trading gun for gold or silver. The gun was never advertised for sale just for trade.

    At this point there are still more questions then answers. Hopefully it won't matter, and the bill will not pass.
     
    swwjeff and (deleted member) like this.
  19. OLDNEWBIE

    OLDNEWBIE State of Flux Well-Known Member

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    I'm a little slow today but I think if you advertise a gun for sale your not selling it to a friend so............ fill in the blank.

    p.s. Trading will become very popular.
     
  20. bellarum

    bellarum beaverton Well-Known Member

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    State "this is not a commercial sale. Only selling to friends or neighbors.....wanna be my friend?" in you ad.