02-06-2013, 03:19 PM
(02-06-2013, 02:14 PM)F.U. Dont ask again Wrote: Do you really think a family member, or anyone doing a private party sale for that matter, will bother with the BG check HOTD? I don't. I say that because unless they rework the entire NICS system there will be no way of knowing after 24 hours weather that BG check is done or not. Under the current system the NICS checks, unless delayed or denied, are purged from the system at the end of each day. So how would the ATF be able to prove if the BG check was done or not?
If the improved BG check's make it through it will accomplish nothing and be nothing more than a feel good moment for the Brady Bunch.
Yes, I do. I think it's a positive step and many, not all, private sellers/gifters will adhere to the new laws, if not out of commitment to responsible gun ownership and public safety, to cover their own asses. Many others private sellers/gifters will not adhere to the new requirements. No laws are adhered to by all to whom they apply and no laws are absolute solutions.
The problem of the Fed not knowing whether a private transaction background check was run or not would be the same as for licensed dealers who are already required to run them, right? Still, millions of background checks are run each year. I realize that the incentive to follow gun laws is likely higher for a licensed dealer who wants to stay in business, but incentives can be placed on private individuals as well.
Aren't licensed gun dealers required to keep the from 4473s with NICS numbers until they go out of business (and turn them over to the ATF)? While the logistical details for the proposed private transaction background checks haven't been released yet, I expect that it would work the same way. The seller/gifter would be required to keep the record. If they used a license dealer for the purpose of running the NICS check only, the licensed dealer would perhaps maintain the record and the private seller would have the receipt or something to that effect. Regarding enforcement, if a gun was used in the commission of a crime and it traces back to you, you would be required to show proof of legal transfer via background check documentation; if you could not, you would be legally penalized depending on the circumstances (similar to a straw purchase). That's just one example of incentive and enforcement.
I agree with you completely that the NICS database administration and completeness, along with the enforcement of existing gun laws, are areas requiring improvement. Steps in the right direction are included in some of the 23 executive orders. NICS is a work in progress and does succeed in weeding out many thousands of unqualified potential buyers each year.
In my opinion, you don't stop making improvements just because perfection is unattainable. A better system for controlling who is unable to access guns is preferable and more likely to succeed in minimizing gun violence than is restricting the entire population from certain types of guns, in my opinion. You can be against gun bans and for better gun control; that's where I stand and I assume that I'm not alone in that position. As I've said before, I'm concerned about the person holding the gun, not the gun itself.
I don't mind anyone having a feel good moment, for any reason. In the case of passing the universal background check requirement, I think the feel good moment would be shared by all who are legitimately committed to reduced gun violence.