Posts Tagged background check

California Town Becomes 2nd Amendment Sanctuary

From Bearing Arms:

When you think of “Needles, California” these days, your first thought is probably of the syringe-strewn streets of San Francisco, not the small town on the California-Arizona border. Needles actually made some news recently, though, thanks to the decision by city leaders to declare their home a “2nd Amendment Sanctuary.” As it turns out, Needles is having a hard time competing with its Arizona neighbors like Fort Mojave, Bullhead City, and Lake Havasu City when it comes to things like tax revenues from retail. Not surprisingly, Arizona gun owners would rather shop in Arizona (a constitutional carry state that also recognizes every other state’s concealed handgun licenses) instead of California, where Arizonans can’t legally carry a firearm. But gun owners in Needles are also being harmed by California’s gun laws.

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Senator Wants To Register All Gun Owners

From Reason:

Booker’s campaign compares buying a gun to driving a car, arguing that “just as a driver’s license demonstrates a person’s eligibility and proficiency to drive a car, a gun license demonstrates that a person is eligible and can meet certain basic safety and training standards necessary to own a gun.” Under Booker’s system, anyone who wants a gun would have to prove he or she has passed a gun safety course. In addition to giving information on their background, applicants would also submit fingerprints.

If approved, prospective gun buyers would be issued a license. “The license would be valid for up to five years before renewal with regular, automatic checks to flag non-compliance with license terms,” the proposal says. Under another part of the plan, no one would be able to buy more than one handgun a month, though this restriction presumably wouldn’t apply to rifles and shotguns.

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Nevada Bans Private Gun Sales

From Las Vegas Sun:

The bill will require background checks on the vast majority of all gun transfers and sales by closing a loophole that allowed unlicensed sellers to circumvent existing background check regulations.

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Universal Background Checks Are Popular But Not Wise

From Reason.com:

On the face of it, there is no downside to broadening the background check requirement, and it might stop would-be mass shooters and other violent criminals from arming themselves. Advocates portray a system of “universal background checks” as the epitome of “commonsense, bipartisan gun violence prevention legislation,” the sort of policy that unites reasonable people across the political spectrum. It seems you’d have to be a crazy extremist to oppose the idea. Yet if you dig into the details, you will find sound reasons to be skeptical.

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Vox: Universal Background Checks Don’t Work

From Bearing Arms:

Congressional Democrats on Tuesday introduced a bill that would move toward universal background checks — legislation that, while unlikely to make it through the Senate, signals that Democrats are putting guns at the forefront of their agenda.
But a growing body of research suggests that comprehensive background checks alone won’t do much, if anything, to combat gun violence in America.

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Doc Denied Gun Because Of Medical Marijuana

From FEE:

After Roman, 33, indicated he’d like to purchase the small six-shooter, the clerk began to ask Roman a few questions, including if he possessed a medical cannabis card, pursuant to question 11e on the ATF’s 4473 form. Roman, who has no criminal history, told the clerk truthfully that he has a medical prescription for marijuana. Sorry, the clerk told him, no gun.

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Lawsuit Against Feds For Failed Background Check Fails

From Guns.com:

A federal judge on Tuesday closed a series of consolidated cases against the Justice Department and FBI over a failed background check that helped arm a white supremacist who killed nine in a mass shooting.

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New NICS Law Could Be Opening For More Gun Control

From Townhall.com:

“Enforce the law” has been a mantra for squish Republicans.  So, you may ask, what’s wrong with making sure every single eligible name reaches NICS?

The answer is that the “dirty little secret” of NICS is that the prohibited persons law (18 U.S.C. 922(g)) and its interpretation under a 2007 law and its regulations are so perverse that, if actually enforced to the letter, they would ban guns from millions of additional law-abiding Americans.

If this doesn’t bother you, how about 18 U.S.C. 922(g)(3)’s ban on marijuana smokers?  Under Cornyn-Schumer, states would be required to turn over to the FBI medical marijuana lists, and lists of persons in diversion and medical treatment programs.  Incidentally, the FBI still regards all of these people as federal felons.

Or what about the roughly 13% of all Brady Law denials occurring under 18 U.S.C. 922(g)(2) — a scary “fugitive” category which normally means that the person had an unpaid traffic ticket while on vacation?  This is actually happening now, and is a major issue.  Are we going to turn in the names of all “renegade parkers” who haven’t paid their fines?

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More Proof Gun Control Is Unworkable

From Fox St. Louis:

Shortcomings at federal and state agencies allow sales of firearms to people prohibited from buying them, a Justice Department inspector general probe found.

But for the past 15 years, the FBI and ATF have disagreed over what is a “fugitive from justice,” which would disqualify a prospective buyer from legally obtaining a firearm, the inspector general report said. There were nearly 50,000 such purchases between 1999 and 2015 that the FBI sought to deny, but that the ATF didn’t agree required the agency to try to retrieve the gun.

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Bill Removes Suppressors From National Firearms Act

From American Suppressor Association:

The American Suppressor Association (ASA) is pleased to announce the introduction of the Hearing Protection Act (HPA) by Rep. Matt Salmon (AZ-05). This historic piece of legislation will remove suppressors from the purview of the National Firearms Act (NFA), replacing the antiquated federal transfer process with an instantaneous NICS background check. The HPA also includes a provision to refund the $200 transfer tax to applicants who purchase a suppressor after October 22, 2015.

 

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Is The FBI Dragging Their Feet To Update NICS?

From Guns.com:

The FBI Criminal Justice Information Services Division planned to launch the two-phased project on July 14, but postponed it for unspecified reasons. The bureau has not announced a new “go-live” date, but said rescheduling would not interfere with the peak fall sales season.

The system’s postponement comes on the heels of FBI Director James Comey informing reporters about how a clerical error during the screening process in April allowed a South Carolina man with felony drug charges to pass a background check before buying a handgun.

 

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Waiting Periods Don’ Reduce Violence

From Politifact:

A study done by one researcher from Georgetown University and one from Duke University that was published in the Journal of the American Medical Association in 2000 examined the Brady Handgun Violence Prevention Act, a 1994 federal law that established a nationwide waiting period and background check for handgun sales. (The waiting period provision was later removed.)

The study concluded that the law’s waiting period was associated with reductions in the firearm suicide rate for people age 55 and older, but not associated with reductions in homicide rates or overall suicide rates.

 

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When Is a NICS Check Required?

From Prince Law Offices, P.C.:

It’s no secret that ATF told at least one FFL they need to run a NICS check on trustees picking up NFA firearms on behalf of a trust. In a letter addressed toDakota Silencer, ATF explained:

The term “person” is defined by the GCA at 18 U.S.C. § 921(a)(1), to include “any individual, corporation, company, association, firm, partnership, society, or joint stock company.”

ATF has interpreted the GCA exception in sections 922(t)(3)(B) and 478.102(d)(2) to mean that firearms transfers are exempt from a NICS check when they have been approved under the NFA to the person receiving the firearm. Unlike individuals, corporations, partnerships, and associations; unincorporated trusts do not fall within the definition of “person” in the GCA.

Because unincorporated trusts are not “persons” under the GCA, a Federal firearms licensee (FFL) cannot transfer firearms to them without complying with the GCA. Thus, when an FFL transfers an NFA firearm to a trustee or other person acting on behalf of a trust, the transfer is made to this person as an individual (i.e., not as a trust). As the trustee or other person acting on behalf of the trust is not the approved transferee under the NFA, 18 U.S.C. 5812, the trustee or other person acting on behalf of a trust must undergo a NICS check. The individual must also be a resident of the same State as the FFL when receiving the firearm.

There is a lot of technical legal speak in this post but it is fascinating how the government has spun such a tangled web of laws that may actually cancel out or contradict one another.

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NICS System vs Healthcare.gov

This graph is from zerohedge.com:

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