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Diary Of Background Check - Real Common Sense

Discussion in 'Legal & Political Archive' started by DuneHopper, Aug 19, 2015.

  1. DuneHopper

    DuneHopper Douglas County. Well-Known Member

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    Diary Of Background Check - Real Common Sense
    Background Checks are said to be needed as a common sense approach to stopping gun getting into the hands of criminals. Now that WA and OR are part of a new club neither wanted to join let look at this from a true common sense approach.

    First let address buying a firearm from a dealer, there are requirements to purchasing from a FFL. One must not be a felon, ok I'm good with that. One must have a valid ID, ok makes sense don't want illegals buying a firearm. The dealer keeps my ID finger prints and all personal info for up to 10 years. Wait what? Why ?
    If I go buy a knife at Walmart they don't keep information they don't even care. Both a firearm and a knife can kill in seconds one requires a long drafted work out to buy, and one requires cash and you walk out the door ?
    The second to this is now the State police are also keeping my information 10 years, um why? For something that is supposed to be common sense, it actually makes no sense at all. I see no way that all these jumping thru hoops actually does anything as I have never heard nor seen a felon try and buy a gun at a FFL. Or I am sure it occurs, but because one or two might try they put a few million thru all this. Thats not common sense that insanity.

    Ok well lets look at the so called closing loopholes for private sales. So let me see if I get this right. If I am a felon and you are a felon and I want to buy your gun from you. I am now by the miracle of a higher power guided to do a background check on my self. So wait......... If I know I am a felon and by going to a FFL to transfer one I could get in trouble and by you selling to a felon you could as well. So common sense means I will knowingly go buy a gun so I can get a arrested ?
    Ok wait........ someone explain to me why felons are now all of a sudden going to be law abiding?

    Wow if all we had to do was pass laws and everyone would behave why didnt we do this before?:confused::confused:.

    The bottom line truth is to a small point closing the private sale may make some be more pro-active about checking whom they are selling it too. But laws were not needed, you might maybe prevent a felon from getting a firearm if they agree to go to a FFL. But far more serious and unenforceable is a non-felon but a criminals or mentally ill that no check of any kind will prevent. And almost all televised firearm crimes are committed those with no record. So by design common sense laws will stop no crimes not a one. The only presumption of these ignorant laws are that some how felons are idiots and will go to a FFL to arrest themselves.

    Common sense in the dictionary should say :

    Common Sense: and act of none realistic process having the result of no affect or solution, based on no facts or acts but to provide a false conclusion to problems that do not exist.
     
    decklin, hker71 and PiratePast40 like this.
  2. Norm0931

    Norm0931 Hillsboro, OR Sgt. Sheep Silver Vendor 2016 Volunteer

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    Dune, we have to keep the records for 20 years, then we turn them over to the ATF and they get sent to some Indiana Jones type warehouse in the West Virginia at the National Tracing Center. They claim they get roughly 15 million records per year.

    The State Police can keep your record up to 5 years. ORS 166.412(7)(a)
    (a) The department may retain a record of the information obtained during a request for a criminal records check for no more than five years.

    The irony of this whole thing and it is pointed out through your anecdote is that there is federal case law (Haynes v US) saying person who can't own firearms cannot be compelled to self incriminate themselves through registration. I believe a savvy attorney could extend this to universal background checks. If you know you can't own a gun, requiring you to fill out a background check would be self incriminating. I'm not a lawyer, but doesn't seem like much of a jump IMO.
     
    decklin, CarlMc, hker71 and 1 other person like this.
  3. DuneHopper

    DuneHopper Douglas County. Well-Known Member

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    ^^^^^^^ Good Stuff Norm, I thought was 10 years thanks for clarifying that .
    My post was trying to reiterate the fact common sense laws are not common sense :)
    Especially when it comes to background checks :)
     
    hker71 and Norm0931 like this.