close

Privacy guaranteed - Your email is not shared with anyone.

Universal background check question

Discussion in 'The Okie Corral' started by gwalchmai, Feb 4, 2013.

  1. gwalchmai

    gwalchmai Lucky Member

    24,292
    873
    Jan 9, 2002
    Outside the perimeter
    Let's say this ill-conceived affront to liberty passes. Let's say that you then don't ever buy or sell another gun. Then let's say that you get pulled over by a zealous representative of the state and you have your revolver on your seat, in compliance with your local ordinance. Let's further say you bought this gun in a perfectly legal face-to-face sale from a stranger in 2012, and have no paperwork to show that.

    Who's to say that you didn't purchase that revo from "someone" this morning and didn't run a background check on it?
     
  2. sweetsdream

    sweetsdream

    49
    0
    Nov 27, 2012
    Tampa, FL

  3. Bren

    Bren NRA Life Member

    44,030
    11,961
    Jan 16, 2005
    Kentucky
    What difference does that make? The government is required to prove you DID buy it illegally. It isn't your burden to prove you did not.

    If the gun was made before the universal background check law, it means absolutely nothing that you don't have proof of when you bought it, unless you admit you bought it after or the government has an informant who says you did.
     
    Last edited: Feb 4, 2013
  4. JBnTX

    JBnTX Bible Thumper

    20,807
    5,172
    Aug 28, 2008
    Fort Worth Texas
    That's just one of many problems with the universal background checks, and another reason why gun control laws don't work.
     
  5. gwalchmai

    gwalchmai Lucky Member

    24,292
    873
    Jan 9, 2002
    Outside the perimeter
    Oh. Yeah. I hadn't thought about that.

    You think that's how it'll work?
     
  6. Louisville Glocker

    Louisville Glocker Urban Redneck

    2,290
    27
    Dec 17, 2010
    Louisville, KY
    Hard to comment without specific legislation proposed yet, but I'd think that the enforcement would come at place of purchase.

    Now if you have a gun, they could ask where and when you got it. But I'm thinking the seller is the one who could potentially get in trouble, not someone with a gun.

    The feds know about every one of my guns, and personally I don't mind. But I've got nothing to hide, and I welcome police and military friends over to my house.
     
  7. Fear Night

    Fear Night NRA Life Member

    2,865
    2
    Dec 18, 2005
    Sweet Home Alabama
    Does anybody have the full text of the Universal Background Check law that is being proposed?
     
  8. poikilotrm

    poikilotrm

    126
    0
    Aug 12, 2010
    The problem is that the law gives LE just another excuse to harm innocent people under color of law. I have been a victim of this. It isn't fun. Cops are going to enthusiastically abuse their power because they know what they can get away with, and they LOVE to harm gun owners, especially the law abiding kind.
     
  9. I can see a parallel with another program. In Arizona, and I imagine other states, if you're going to be employed around children then you need to get a background clearance from the state department of public safety (Highway Patrol). You get fingerprinted, fill out the standard FBI fingerprint card and send it off. A couple months later you get your card. Five years later you have to do it again - renew - prints and all. So you have this card you can carry around to prove to your employer, or any prospective new employers, that you have this clearance that says you're a "good guy." Background checks for firearms "could" work like that. You'd have to show your "good guy" card to buy a firearm. Course the current system hasn't curtailed child abuse since most child abuse doesn't come from professionals, it comes from people the kids know - like their parents or a weird uncle...but damn...we got them cards....
     
  10. gwalchmai

    gwalchmai Lucky Member

    24,292
    873
    Jan 9, 2002
    Outside the perimeter
    How do the feds know about your guns?
     
  11. Dennis in MA

    Dennis in MA Get off my lawn

    42,700
    2,811
    Aug 16, 2001
    Taunton, MA
    He mails them regular inventories, just to be up-front.

    Sort of like how Chuck Norris lets us all know he's around. . . so we are sort of at fault if we run into one of his fists or feet.
     
  12. Louisville Glocker

    Louisville Glocker Urban Redneck

    2,290
    27
    Dec 17, 2010
    Louisville, KY
    Through FFL purchase records.
     
  13. gwalchmai

    gwalchmai Lucky Member

    24,292
    873
    Jan 9, 2002
    Outside the perimeter
    I'm not following you. Your FFL reports your purchases to "the feds"?
     
  14. Louisville Glocker

    Louisville Glocker Urban Redneck

    2,290
    27
    Dec 17, 2010
    Louisville, KY
    Well, there are forms filled out with each purchase, yes. Those are available if a Federal agency wanted to look at them. They include all the basic info, gun description, serial number, date of purchase etc.

    I don't work at a gun store, so I don't know if that form is transmitted to the state, or if records are just maintained on premises. But I'm pretty darn sure those records don't just get shredded. My understanding is that they are kept on file.
     
  15. bear62

    bear62 Armed Bear

    1,595
    178
    Feb 5, 2005
    Rocky Mountains
    I hope someone will respond to your question. I've often wonder EXACTLY what goes on with the "FFL records" myself. Is a copy of the record sent to some government agency or not? How long are the records maintained? :dunno:
     
    Last edited: Feb 4, 2013
  16. Dennis in MA

    Dennis in MA Get off my lawn

    42,700
    2,811
    Aug 16, 2001
    Taunton, MA
    All paper records are kept by the FFL. The only thing the Federales get a type of gun and # of them purchased at that time. They have to go looking to find anything else.

    Do they keep records of background checks? Yesno. (No one really knows for sure, but do you trust them????)
     
  17. HerrGlock

    HerrGlock Scouts Out CLM

    23,792
    198
    Dec 28, 2000
    FFL retains the records (4473s) for 20 years. Then can destroy the records.

    If the FFL goes out of business, must give the 4473s over to the ATF (who cannot put them in a database) or turn them over to new FFL taking over the business.

    The NICS call log is deleted 24 hours after a successful NICS check.

    There are two "demand letters that are new-ish"

    http://www.justice.gov/oig/reports/ATF/e0405/background.htm

     
  18. HerrGlock

    HerrGlock Scouts Out CLM

    23,792
    198
    Dec 28, 2000
    Here's the ATF's comment on how long to keep the records:

    http://www.atf.gov/firearms/faq/brady-law.html#ffl-nics-records

     
  19. gwalchmai

    gwalchmai Lucky Member

    24,292
    873
    Jan 9, 2002
    Outside the perimeter
    Yes, I think they are kept on file and are available for inspection. The way the system was sold to the subjects is that if LE was investigating a gun used in a crime they could trace the gun to the FFL from the manufacturer/distributor and then use the 4473 info to find the original buyer. It were not to be used to create a registration scheme. i.e., it was not supposed to be a way for "the feds" to know about all of your guns.
     
  20. Bren

    Bren NRA Life Member

    44,030
    11,961
    Jan 16, 2005
    Kentucky
    There isn't really another way it can work - that is how law works. Unless they scrap our entire legal system and precedent going back to the Roman Empire, that isn't going to change.