Tuesday, December 26, 2017

Making the Case

Internet Firearm Sales:ATF Enforcement Efforts and Outcomes of GAO Covert Testing [More]
I haven't had time to read the documentation. On the surface, I'd say this is just laying the groundwork for a move I expect to see happen to require all sales to go through background checks. My sense is that's what the establishment industry wants, so I won't be surprised to see it green-lit by NSSF and NRA to give cover to Republicans -- matter of fact, I'll be surprised if it's not.

[Via CDT]

1 comment:

Vince Warde said...

If the NRA and NSSF green light so called "Universal Background Checks" without a ton of concessions from the other side, I'm done with them. On the other hand, there are some circumstances under which I would not have any problem with this. For instance:

1) We get CCW reciprocity and 50 state shall issue.
2) We get suppressor reform - as in having them treated as firearms.
3) All state and local background check laws are preempted.
4) Records from closed FFLs no longer go to BATFE - instead they go to NSSF, where they will be accessed in the same way as those held by FFLs.
5) The background checks on private sales are voluntary. Currently it is illegal to sell to a prohibited person. This law would require the seller to have good reason to believe the buyer is not prohibited - but would only allow prosecution if the buyer is, in fact prohibited. A background check would fulfill this requirement, as would being a close family member or a close friend who would be reasonably expected to know any prohibited status, or a CCW permit, or any form of FFL, law enforcement credentials, or any other documents that would not be issued to a prohibited person. In short, if the seller is confident that the person is not prohibited, they could go forward with the sale. In fact, it would not be illegal to conduct a private sale without any of the above - unless the buyer turns out to be prohibited.

We all know that the best background check system in the world is of greatly limited value. At most, it can only force prohibited persons into the illegal marketplace. The above would be just as effective at doing that as would mandated background checks. After all, someone who wants to sell a gun illegally will do so - no matter what the law is.

Of course, this will never happen because the other side is to stubborn and disconnected from reality to realize they are losing... they continue to oppose shall issue CCW and reciprocity, even though it is a virtually certain that they will lose the issues to future SCOTUS decisions - if not in Congress. If they were smart - and if their goal was not the abolition of private firearms ownership - they would trade support for these issues for something else they want. Obviously I am not holding my breath......