Does Universal Background Checks = Tracking?

Does Universal Background Checks = Tracking?

  • yes

    Votes: 62 81.6%
  • no

    Votes: 14 18.4%

  • Total voters
    76
Status
Not open for further replies.
As I pointed out, vetting buyers is not the same thing as registration.
Except when it is.

And it IS.

Saying that it is, frankly, is a lie, and is a transparent straw man argument that is easily knocked down by the other side. Let's not insult people's intelligence. I explained exactly how you could have vetting of buyers without having a record of the guns.
The REAL lie is that "universal background checks" are anything BUT a stalking horse for REGISTRATION, followed by CONFISCATION.

The problem is, admittedly, that the antis want registration of guns to go along with the vetting of buyers. And we're giving them exactly what they want by not proposing an alternative plan.
It's a laughably false argument. The "alternative" to slavery was FREEDOM, not "slavery lite".
 
If there is no record kept of the sale how do I prove I sold the gun to a legal buyer?
You would keep the authorization code given to you by the buyer and verified by you through the NICS portal. That way you are protected if the gun is misused and then traced to you (using existing procedures). No new record would be made of the gun.
 
The REAL lie is that "universal background checks" are anything BUT a stalking horse for REGISTRATION, followed by CONFISCATION.
The right kind of UBC's are not registration. Unfortunately, we're going to get the wrong kind of UBC's unless we wake up and do something about it. I'm not being a defeatist here; I'm just being a realist.

(And you don't persuade people by shouting.)
 
You would keep the authorization code given to you by the buyer and verified by you through the NICS portal. That way you are protected if the gun is misused and then traced to you (using existing procedures). No new record would be made of the gun.
But of course there'd be no way to know IF you did the check... without REGISTRATION.
 
Last edited:
The right kind of UBC's are not registration.
That's like saying "the right kind of 'separate but equal' isn't discrimination."

It's ludicrous on its face, all the moreso given the obvious malice of those pushing this stalking horse for REGISTRATION followed by CONFISCATION.

Unfortunately, we're going to get the wrong kind of UBC's unless we wake up and do something about it.
There's only ONE kind of sham "universal background check" that leads in ONLY one direction.

I'm not being a defeatist here; I'm just being a realist.
I think it's pretty obvious what you're being.

(And you don't persuade people by shouting.)
Nor does one persuade thinking adults with obvious sophistry, refute ad infinitum by its proponents.
 
Years ago I used to reason with the left some on the gun control issue. However, I have totally abandoned that as they will never stop. They will keep going till we are disarmed if possible. So, giving a millimeter is no longer an option for me. Don't really care about myself much but do want my children to have some freedom left in their lives.

Universal background checks will likely come with a fee which could be oppressive for low income families if they own many firearms come inheritance time. It will set up a new, larger bureaucracy which must be fed and the left will use that to further limit ownership. What is a "reasonable" fee for you to inherit your family's property or to give a family member a firearm?

Also, who is authorizing these checks? Can I simply run a background check on anyone I like? In a private sale I have to give the seller my personal data to include my SSN?

Simply put, it is giving more ground to people who want it ALL. The devil will be in the details and I promise you there will be LOTS of details, costs, abuse, and you'll be sliding down a slippery slope at a high rate of speed with no recourse.

And, please, don't give me the "if you have nothing to hide line"! They use that now to track us enough and read anything they like.
 
But of course there'd be no way to know IF you did the check... without REGISTRATION.
It would be to your advantage to do the check. (The system would be set up to incentivize voluntary compliance.) Beside that, there could never be an airtight system, registration or no registration. Law enforcement doesn't work that way. Running red lights is illegal, but a certain percentage of people do it anyway, and a certain percentage of those are caught and have to pay a penalty. People want to avoid the trouble, so most comply.
 
Simply put, it is giving more ground to people who want it ALL. The devil will be in the details and I promise you there will be LOTS of details, costs, abuse, and you'll be sliding down a slippery slope at a high rate of speed with no recourse.
By simply saying "Not one more inch!" the pro-gun side is abdicating any input into those details. We have to assess the chances of something being passed, and we have to be flexible in dealing with it. I don't want any gun control, but if we're going to get it anyway, I want a seat at the table. This is a matter of strategy and tactics. I would say, looking at it objectively, that we are going to get some form of nationwide UBC in the next ten years. OK, if we get nationwide UBC, why not tie it to nationwide concealed carry (for example)? The worst result would be to lose and not get anything.
 
Not necessarily. If the goal is to make sure that buyers (in private transactions) are not disqualified persons, we can check the buyers without reference to the guns that are to be purchased. The problem is that all the current proposals would run all transactions through FFL's, meaning that a Form 4473 would be filled out, and the gun entered into the dealer's "bound book." (This is a form of registration.) Of course the FFL's love this, because it represents an additional stream of income for them.

An example of a non-registration UBC system is as follows: Let's say you are interested in buying a gun from a private (non-licensee) seller. You go online to a public NICS portal, enter your identifying information, and receive an approval code number good for one transaction. (Perhaps a nominal fee would be charged to your credit card.) You then show the prospective seller the approval code along with your ID. He goes online and verifies that the approval code has in fact been issued to you. The transaction proceeds (or not...) and there is no record of the gun.

The sellers would have an incentive to use this system because, under its terms, they would be sheltered from liability in case the gun is misused. In addition, the ATF would conduct "sting operations" (such as having sham buyers with no approval codes trying to buy guns) to keep everybody honest. (A seller would be fined for selling a gun to somebody without an approval code.)

You would keep the authorization code given to you by the buyer and verified by you through the NICS portal. That way you are protected if the gun is misused and then traced to you (using existing procedures). No new record would be made of the gun.
I'll have to at least partially disagree here. In part, I think you're mistaken, and in part, I think this idea runs into some insurmountable problems.

I'll start with what I consider to be an insurmountable problem: UBCs are unenforceable as against prohibited persons. In the late 1960s, Texas had handgun registration. A dude named Haynes was arrested & prosecuted for being a felon in possession, and for failing to register his handgun. In 1968, SCOTUS handed down a decision (Haynes v. TX), in which it upheld the conviction for being a felon in possession, but overturned his conviction for failing to register his handgun. Obviously, I'm paraphrasing, but the gist of the decision is that the Fifth Amendment precludes the State from forcing a prohibited person from having to admit to the gov't. Following that reasoning, the State will be unable to prosecute prohibited persons for failing to use a UBC system.

Even overlooking that for a moment, in order for your proposed system to work, and in order for violations of the UBC law (as you have proposed it) to be enforceable, the gov't would have to either: (1) keep a database of firearms transferred using that system; and/or (2) keep a database of the people who used it. I'd suggest that "and" is the most likely possibility. With respect to the firearms, and at a bare minimum, the gov't would have to be able to track the manufacture date of new firearms, so that it could enforce the law with respect to firearms manufactured after the effective date of the law. Otherwise, "Prove I didn't get it before X date" becomes a very effective defense. With respect to firearms transferors and transferees, the gov't would have to keep track of these approval codes, or there would be no way for anyone to take advantage of the sheltering provisions you mention.
 
I thought Kaybee's point WAS it was New York City that had done what was in the posted document. Someone is talking past the other .... :confused::uhoh:

"
I have no trouble with the idea of passing a background check, but why does it have to equal tracking? Shouldn't you be able to just get a check and then be able to purchase a gun without it registering you on a list?

Everyone in NY registered their guns and then they just received letters that their guns are now banned."

Thats the original post I replied to and NY isn't NYC. Get the facts clear.
 
Probably, but they already know everything anyway.

Even without a UBC I have no doubt all the alphabet guys know about all my guns, as well as all of you that purchased anything from a FFL.


IMHO the damage is already done. The only question left would be if you are actually willing to give up your arms should they ever show up at your door, although I personally don't think that will ever happen on a large scale.

Either way I know my answer...
 
It would be to your advantage to do the check. (The system would be set up to incentivize voluntary compliance.) Beside that, there could never be an airtight system, registration or no registration. Law enforcement doesn't work that way. Running red lights is illegal, but a certain percentage of people do it anyway, and a certain percentage of those are caught and have to pay a penalty. People want to avoid the trouble, so most comply.
Most of my firearms have been purchased in face to face transactions with persons known to me. They'd never even exist under your scheme, which without registration would be a nullity.
 
Assume "they" devise a benign UBC system that keeps the actual gun out of the inquiry. Gee, everyone in happy.
Now, a few years down the road, the random shootings don't stop and not much changes (surprise, surprise).
So, the libs start their whining again and say without registering the serial numbers, the system has no teeth (duh).
So, all it would take is a left leaning congress and we end up with a "modification" to the UBC to include gun models and serial numbers (registration).
Allowing UBCs paves the road for registration. Once there is UBCs, registration is soon to follow. Having someone like Hillary or Oprah (don't laugh) elected
would begin the final leg of confiscation.
 
By simply saying "Not one more inch!" the pro-gun side is abdicating any input into those details. We have to assess the chances of something being passed, and we have to be flexible in dealing with it. I don't want any gun control, but if we're going to get it anyway, I want a seat at the table. This is a matter of strategy and tactics. I would say, looking at it objectively, that we are going to get some form of nationwide UBC in the next ten years. OK, if we get nationwide UBC, why not tie it to nationwide concealed carry (for example)? The worst result would be to lose and not get anything.

I said mm, not inch. That said, the odds of national concealed carry in exchange for background checks has such extremely small odds that it would be hard to even calculate. Why would they "give" you that right when they will simply shove the background checks down your throat in time? Also, I think the concealed carry thing would get very ugly at the state level across the board and would be so highly restricted in many states that it would be worthless. However, in your plan you would concede a worthless win for a registration system.

Sorry, I will pass. This is like asking Israel to be "reasonable" and give a few feet or miles this year, and next year, and the following year until there is no Israel. When your opponent comes to the table wanting ALL of what is being negotiated about then there is no negotiation.
 
Following that reasoning, the State will be unable to prosecute prohibited persons for failing to use a UBC system.
How many people are prosecuted for lying on a Form 4473? Prosecutions are not the test of this system. Preventing prohibited buyers is the test. If a felon doesn't use this proposed UBC system, he doesn't get a gun from a compliant seller. Of course, he would still get a gun from illegal sources, the same as he does now.
in order for your proposed system to work, and in order for violations of the UBC law (as you have proposed it) to be enforceable, the gov't would have to either: (1) keep a database of firearms transferred using that system; and/or (2) keep a database of the people who used it.
I disagree. Law enforcement is a game of percentages. You start with voluntary compliance, giving people incentives to comply (such as immunity from civil and criminal penalties for a seller if the gun is misused by the buyer). Then you do spot checks, such as by sending undercover agents to gun shows, pretending to be buyers without the requisite authorization code. If a seller bites, you arrest him (very visibly). The word would get around quickly that it doesn't pay to ignore the system. No records need to be made of the guns themselves. This is focused on the people, not the guns. And it's transactional in nature. That's why I suggested that the authorization code be for one-time use only, and expire after a number of days. The record of the request would then be deleted.
With respect to the firearms, and at a bare minimum, the gov't would have to be able to track the manufacture date of new firearms, so that it could enforce the law with respect to firearms manufactured after the effective date of the law.
Why? This is not a ban on guns, so there is no issue of grandfathering. It would apply to all transactions after the effective date, regardless of when the guns were made.
With respect to firearms transferors and transferees, the gov't would have to keep track of these approval codes, or there would be no way for anyone to take advantage of the sheltering provisions you mention.
That's a valid point. Maybe the seller would have to keep a notarized copy (to take advantage of the benefits). Or a way could be found to keep the approval codes in an anonymous database.

This is really just brainstorming. My main point is that UBC's do not necessarily have to involve gun registration.
 
As I pointed out, vetting buyers is not the same thing as registration. Saying that it is, frankly, is a lie, and is a transparent straw man argument that is easily knocked down by the other side. Let's not insult people's intelligence. I explained exactly how you could have vetting of buyers without having a record of the guns.

The problem is, admittedly, that the antis want registration of guns to go along with the vetting of buyers. And we're giving them exactly what they want by not proposing an alternative plan.
Absolute malarkey.
 
AlexanderA I think your proposal is an excellent compromise, and has the benefit of helping local gunshops and also separating background checks from registration/tracking which has low public support on is own.

A check on its own is an inconvince at the worst. Registration that goes with it is the real danger.
 
By simply saying "Not one more inch!" the pro-gun side is abdicating any input into those details. We have to assess the chances of something being passed, and we have to be flexible in dealing with it. I don't want any gun control, but if we're going to get it anyway, I want a seat at the table.
And what exactly do think "a seat at the table" at the Wannsee Conference would have bought the Bielski brothers?

The other side's goal is for there not to BE any non-clouted private gun owners. There's only resistance or capitulation and extinction.
 
This is really just brainstorming. My main point is that UBC's do not necessarily have to involve gun registration.
That hasn't been your main point, your main point, which has been consistent from thread to thread, is to give in for fear of something worse. UBCs have no other end result but leading to registration, that is why they are pushing so hard for it. They have to have this first.
 
When your opponent comes to the table wanting ALL of what is being negotiated about then there is no negotiation.
I call it being scared into giving something up for nothing (And it will be nothing), which plays right into their hands.
I believe we are rapidly reaching the point of political equilibrium on guns. That's the point at which the parties can negotiate, each giving up something in order to get something. Once we pass the point of equilibrium, and the other side has the upper hand, it will be too late. They will just ram through anything they want, and what we want will be irrelevant.

Unfortunately, the pro-gun side is locked into its policy of stonewalling (which admittedly has been successful in the past). Nevertheless this is a high-risk policy and we may well end up losing everything.
 
That hasn't been your main point, your main point, which has been consistent from thread to thread, is to give in for fear of something worse. UBCs have no other end result but leading to registration, that is why they are pushing so hard for it. They have to have this first.
Exactly.

It's like making Jews wear stars and live in ghettos and pretending that it's just about promoting "ethnic solidarity" among them.
The point is that it is not a registration system.
The point is that it inevitably leads TO a registration (and confiscation) system.

You can pretend that the other side isn't whom they really are ten thousand more times and it will change nothing.
 
How many people are prosecuted for lying on a Form 4473? Prosecutions are not the test of this system. Preventing prohibited buyers is the test. If a felon doesn't use this proposed UBC system, he doesn't get a gun from a compliant seller. Of course, he would still get a gun from illegal sources, the same as he does now.

I disagree. Law enforcement is a game of percentages. You start with voluntary compliance, giving people incentives to comply (such as immunity from civil and criminal penalties for a seller if the gun is misused by the buyer). Then you do spot checks, such as by sending undercover agents to gun shows, pretending to be buyers without the requisite authorization code. If a seller bites, you arrest him (very visibly). The word would get around quickly that it doesn't pay to ignore the system. No records need to be made of the guns themselves. This is focused on the people, not the guns. And it's transactional in nature. That's why I suggested that the authorization code be for one-time use only, and expire after a number of days. The record of the request would then be deleted.

Why? This is not a ban on guns, so there is no issue of grandfathering. It would apply to all transactions after the effective date, regardless of when the guns were made.

That's a valid point. Maybe the seller would have to keep a notarized copy (to take advantage of the benefits). Or a way could be found to keep the approval codes in an anonymous database.

This is really just brainstorming. My main point is that UBC's do not necessarily have to involve gun registration.

You guys arguing over this point does nothing. AlexanderA you defeated your own points by identifying the fact that no background checks of any kind or registration or any of this nonsense will do anything. By your own admission, they can/will obtain them illegally therefore making any stupid laws, UBCs, whatever the biggest waste of time on earth. You cannot legislate hate, guns, violence away. Period. The only way any of this stops is if guns had never been invented in the first place or everyone on earth turned them in, all militaries, civvies, bangers, criminals, literally everyone would have to turn them in and agree to never make them again. Both are an impossibility at this point. People are making guns by hand, kids even in parts of Africa, the ME, Thailand, I can go on. That’s what we need to be arguing. Nothing they do will rid the problem. In short, drugs are illegal but it hasn’t done anything to curtail the problems has it?
 
your main point, which has been consistent from thread to thread, is to give in for fear of something worse.
No, I have consistently said that we should get something in exchange for any concessions that we make. And that presupposes "confidence building measures" and interlocutors that can prove that they're bargaining in good faith. I'm not prepared to give anything away free. Look, if Trump can meet with the North Koreans we can at least talk with the antigunners.
 
Status
Not open for further replies.
Back
Top