578
US will require background checks for gun shows and online firearm sales
(www.theguardian.com)
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
this post was submitted on 11 Apr 2024
578 points (98.7% liked)
News
22855 readers
5172 users here now
Welcome to the News community!
Rules:
1. Be civil
Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban.
2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.
Obvious right or left wing sources will be removed at the mods discretion. We have an actively updated blocklist, which you can see here: https://lemmy.world/post/2246130 if you feel like any website is missing, contact the mods. Supporting links can be added in comments or posted seperately but not to the post body.
3. No bots, spam or self-promotion.
Only approved bots, which follow the guidelines for bots set by the instance, are allowed.
4. Post titles should be the same as the article used as source.
Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.
5. Only recent news is allowed.
Posts must be news from the most recent 30 days.
6. All posts must be news articles.
No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.
7. No duplicate posts.
If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.
8. Misinformation is prohibited.
Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.
9. No link shorteners.
The auto mod will contact you if a link shortener is detected, please delete your post if they are right.
10. Don't copy entire article in your post body
For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.
founded 1 year ago
MODERATORS
I thought online gun sales already required a background check, isn't that why they have to be shipped to an FFL? So that they can run a background check before ownership is transferred to you.
This is correct. In addition all sales at gun show from a licensed FFL to a customer currently also require a background check. Currently the main two kinds of transfers that don't require federal background checks nationwide are private party sales and gifts. Eg. Selling your neighbor a shotgun or gifting your dad a hunting rifle. I believe these were both carved out exceptions as a result of the limitations on the Feds due to the commerce clause. Several states have tighter restrictions.
The private sales were excluded because they didn't want to give access to NICS to just anyone. States with more restrictions require you to pay a dealer or go to the sheriffs office to get approval.
I would expect too that the inability to effectively enforce those expectations was a motivating factor. The last time I bought a gun off some one I don't know we went to a FFL to comply with state background law. Really only because neither of us knew for sure if the other was a cop. If you know the other person. It can be very hard to prove a transfer ever happen.
That’s an example of a state raising the floor for a personal sale. A good reason (depending on the state) for a current CCW/CHL permit too, as that paired with ID can in some states be sufficient verification without needing to go to an FFL for NICS.
How long before our corrupt Supreme Court strikes this down?
In before “requiring a trigger pull for every shot infringes on the use of constitutionally protected arms”
It’s hard NOT to think about how they could make it even worse than expected.
They do.
I believe the framing is something like buying locally on armslist.com, where the buyer and seller agree to meet up face-to-face to make the sale. No mailing it.
Reading the article and a few others, this new regulation seems like election year posturing that doesn’t actually change much for the average person. The regulation is expanding who must register as an FFL from “making their livelihood from gun sales” to selling guns “predominantly to derive a profit”. Whatever that means. But it seems like it is specifically meant to exclude the occasional sale by a private person, which means that a private person happening to sell a gun at/near a gunshow or through armslist seems like they are still in the clear.
Where that line is will surely be hashed out in court, but it seems like the simple sale of a single gun from one person to another is unaffected.
I commented elsewhere about this. I've always had a background check run whenever I've purchased a firearm. If there's a way to bypass that I don't know how.
The federal floor is no background check for personal sales. Some states raise that floor in various ways.
If you’re buying online in a way that orders the gun from an FFL, it will, as you probably know require a background check.
This regulation isn’t modifying that anyway.
Yep.
Even the "gun show" part isn't doing a lot, anyone that pays for a table is likely to make you do a background check anyways, because they are an FFL.
This does nothing about the actual problem.
"Private" sales which are done in the parking lot of gun shows.
It's just some bullshit before an election so Biden can say he's done something about the gun violence pandemic
I’ve only ever purchased a single gun at a gun show, but they had a big ass table full of guns (and other junk) and I was not subject to a background check. This is definitely going to force more background checks, which is a good thing.
If it's more than a few guns from a private collection that's already illegal. The ATF would happily show up and ram the law up their ass if notified.
That’s a pretty significant “if”. This was a gun show in Phoenix 5+ years ago. I’m gonna go out on a limb here and say it’s unlikely they were openly violating the law at such a large event.
I can't speak to everywhere or anyone else's experience, but I've got about the same experience as you. The gun shows here tend to have a lot of "private collectors" selling guns. Some are legit private collectors, some should be gun shops but only sell at shows so no one makes them do shit.
Yeah, I'm noticing a lot of posturing from the democrats this year.
It's always funny when a common sense comment gets massive down votes just because at the very end I put something about how Dems aren't doing as much as they need to.
Everyone knows that certain gun shows are massive laundering operations for stolen weapons. The FBI has straight up stated that a large number of guns which are used in crimes in the Northeast can be traced back to gun shows in Virginia specifically. If you "look the part" it is trivial to get basically any common enough gun at a gun show just by doing a deal in a parking lot, since it's completely legal for an FFL to gift any gun to an associate, and completely legal for that associate to sell it to you in the parking lot. Cops literally watch this happen because it is legal.