A new take on so-called UBCs

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Polls have shown that there is strong support for a UBC and I'm not making that up.
People have no clue what a UBC really entails. They hear "Universal" and think everyone will get uniform background checks. That is so far from the truth.

People in NJ will still have to get 3 to 4 references (including from their employer! in some towns), provide fingerprints, pay state fees and fingerprint fees, go under intrusive background checks and still wait six months for a damned card in order to buy a squirrel rifle and then still have to pay an additional $15 State Nics fee on top of that!

People in Hawaii would still have to register their weapons. People in Illinois and Massachusetts would still need Firearm ID cards. People in New York City would still have to get a rifle or pistol license. Nothing "universal" about that.

UBC should really be called "lend your firearm to your spouse so they can protect themselves when you work at nights and you commit a felony" Law.

Or "let your buddy shoot your rifle at the range and you commit a felony" Law.

Or " Buy a rifle for your son and go to jail" Law.

Or "Lend your shotgun to your neighbor and go to jail" Law.

Or "Lend your hunting buddy your hunting rifle during hunting season and go to jail" law.

Once the public is educated, their perception of Universal Background Checks will change real fast. And I just scratched the surface, I didn't even address the registration aspects and concerns as I did in earlier posts.
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There are classes of prohibited persons. I think they're over-reach as it is, but the Feral Government doesn't bother to enforce anyway.

Are you telling me all of those illegals being deported isn't actually happening?

What kind of overreach are you referring to?
 
The fact is we have to deal with the anti-gun (AG) crowd.

No, we don't have to 'deal' with the grabbers. We have to OPPOSE them...and just because they propose 100 stupid ideas doesn't automatically mean we have to agree with 50 to be 'reasonable.'

There are already TOO MANY firearms restrictions; to be 'reasonable', we need to move the ball quite a good distance in the other direction, IMHO.

Larry
 
People have no clue what a UBC really entails. They hear "Universal" and think everyone will get uniform background checks. That is so far from the truth.

Well, maybe people should educate themselves about it. I can't help it if some DA doesn't vote or chooses to vote their rights away. We have an initiative coming up here in Nov. (I-594) that deals with a UBC and I'm voting against it because I don't like the language.

UBC should really be called "lend your firearm to your spouse so they can protect themselves when you work at nights and you commit a felony" Law.

Or "let your buddy shoot your rifle at the range and you commit a felony" Law.

Or " Buy a rifle for your son and go to jail" Law.

Or "Lend your shotgun to your neighbor and go to jail" Law.

Or "Lend your hunting buddy your hunting rifle during hunting season and go to jail" law.

Those are the reasons the we don't have a fed UBC right now. It was a real bad idea the way it was written. But it will be back with a different look after the election and you can bet on it. The NRA is back and forth on a UBC and when the language looks "OK" to them we will get a nat'l UBC that could be better than the NICS that we have now.

That however won't restrict the states from continuing to let its citizens enjoy all of the gun control they want in the form of magazines and weapons bans. It also won't restrict the states from gun registration and additional requirements for a permit. The fed doesn't have any control over that right now.
 
IF we accept a need for some sort of background check for firearms purchases, my idea is that a BC should be done in this manner:

Anyone may have a BC done at any time. A clear result would be coded on their Driver's License or Picture ID card issued by their state of residence. The presence of the code would be all that was needed to purchase a firearm from a FFL dealer or private citizen. Anyone selling or transferring a firearm to a person without a clear coded ID would commit a felony.
A denial would not be coded on the ID. This system requires a voluntary action by a firearms buyer or transferee. Anyone not wishing to have such a clear code on their ID does not have to have one, and no one is required to have a code they do not want. Anyone convicted of a felony or violent misdemeanor would have to surrender their coded ID an be issued an uncoded one.

The clear code is only required for purchase or have a firearm transferred. It should not be required to possess or own. So if you are not a prohibited person and have a gun in hand and no code on your ID, you will not have committed any crime. However, whoever provided you with the gun may have committed a crime by transferring the gun to you.

I can take you to the range and loan you a gun which you can shoot in my presence. No crime.

We can go hunting together and I can loan you a gun during the hunt. No crime.

But I can't loan you a gun for you to use in Alaska while I stay in Texas. Or for you to take to the range while I stay home.
 
No, we don't have to 'deal' with the grabbers. We have to OPPOSE them...and just because they propose 100 stupid ideas doesn't automatically mean we have to agree with 50 to be 'reasonable.'

Well, I look at it more like a chess game. The AG crowd can be had. Sometimes you need to sacrifice a pawn to score a rook. Start thinking about what kind of predicament you may be in two years from now if you keep playing a defensive game.
 
The presence of the code would be all that was needed to purchase a firearm from a FFL dealer or private citizen. Anyone selling or transferring a firearm to a person without a clear coded ID would commit a felony.

I like that idea.

You might as well take it another step while you are getting your BC and your clear code.

A clear code would be your permit to carry concealed. LE could scan it. Good in 50 states just like a drivers license. Bloomberg would spend 50 million to oppose it. ;)
 
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Hey Larry, thanks for the reply. I’m not sure how to use the quote feature. But, let me try to clarify what I meant.

First, thank you for your family’s service! One thing the military does is control their weapons. When I was in, women were trained in combat arms, but could not have combat arms MOS. It was peacetime, and there was an armory with an armed guard 24/7 at every barracks. Soldiers did not have personal weapons, and only carried military weapons under authorized supervision.

Students in a college dorm, even at West Point or Annapolis, may not have weapons on campus. I hardly think that any non-military college could manage an armory of the type that would supervise the carrying of weapons on campus.

My first post covered a lot of material, in retrospect far too much. And yes, I did simplify. I’ll add some detail, since people actually read my post. It is good to know.

Regarding the gun scare, the local PD was notified after more than one parent called them after hearing their kids say that some guy was going berserk on the Internet targeting the school and giving a specific date of his planned attack. Most people thought he wouldn’t do anything, especially after putting it on a social media website. But, the Santa Barbara shooter did the same thing, and nobody reported it and look what happened. Six young women were gunned down in cold blood, after which he turned the weapon on himself and committed suicide. (To me this qualifies as the kind of madness I would like to see ended)

But the local PD took the threat at my GD’s school seriously, made three arrests in the early morning of the allegedly planned attack, and confiscated weapons. My GD (granddaughter) said that most kids thought they arrested the wrong guys. But with all of the police cruisers surrounding the school that morning, plus a local news program showing the police in force around the school early that morning, if anybody not arrested was serious about carrying out an attack, they must have changed their minds. Only about 1/4th of the students went to school that day, and all final exams scheduled for that day were rescheduled.

And in California Evidence Code 1024, the language says a mandated reporter MAY report a known person who, in the course of their professional relationship with the person, has expressed he or she has the means, motive, and state of mind to carry out a serious attack, even if there is no specifically identified victim. This is a fairly recent addition to existing law, which did “require” any professional licensed in a mental health field (social workers, psychologists, etc) if a specific intended victim was identified, and the licensee had a way to contact the prospective victim. Along with the mandate to report, the reporter would receive immunity from liability, AS LONG AS, the reporter appropriately documented their reasons for reporting, and it included the required information regarding, means, motive, and state of mind of the “dangerous person”. This is not about guns, the weapon could be a baseball bat, knife, poison - whatever. Personally, I ended my social work career felicitously, largely due to the mandated reporter requirements, and the copious amounts of case notes I was responsible for keeping under double locks, the annual continuing education requirements to stay up on law and ethics, and just a general feeling that I very well could be contributing to growing social problems rather than solving them.

When making the report, the person making the report needs to identify themselves as a mandated reporter, or the PD dispatch may or may not do anything.

There are specific situations where I needed to remember which was a “may" and which was a “must". And, heck yes, it was very frustrating.

Evidence code 1024 is not about kids ratting out their parents or neighbors. It is a law, which would have prevented the Colorado theatre mass murder, since the shooter was in therapy, his therapist did know he was a serious threat, but was incapable of doing anything about it because the Colorado confidentiality codes are too touchy-feely for her to have made a 1024-like report. That is exactly why I believe that a nationwide Evidence Code 1024 would do far more to prevent sickos from indiscriminate killing than UBC’s.

Nazi Germany? Not hardly. Not yet anyway. The protection against liability for a mental health professional who chooses to report not, is required to report, is still subject to keeping good case notes, and being willing to go to court to defend their actions if necessary. A case worker needs to be absolutely completely sure the person they are reporting is a clear and immediate danger to others to themselves, before they make the call. And yet, without a specifically identified victim, the law still says may, not shall.

Among the many thousands of people I dealt with in a professional capacity over the years, I never had a single case where I could have made such a report. But, I needed to know the rules to keep my license.

Does evidence code 1024 apply to the general public? No. The general public can call the police about anything at anytime. If a parent called the police because they knew of a person who had clearly demonstrated a threat, it is their right, I believe under existing laws in all 50 States. Is this Nazi Germany? I seriously hope not. I am glad that parents called law enforcement in the case of my GD’s high school about the last day of final exams. Nothing happened. Isn’t that what we want?

In conclusion, I am vehemently against building any kind of government database on private citizens who have not broken any laws, or who somebody thinks might. I strongly support our 2nd amendment rights. And, I do indeed see any kind of universal registration of weapons as a step on the path to losing our national sovereignty.

The small weapons treaty that John Kerry has put into motion through the UN is precisely that. If that idiotic move to make it possible to disarm all Americans gets ratified, then we might as well be in Nazi Germany.

Background checks when purchasing guns, fine. Then a State's DOJ should shred all data related to the background check, never give it to the Fed’s, and just deal with the persons denied gun ownership in a logical way. In California, it used to be that way. Even a convicted felon could purchase a gun five years after serving their sentence and staying out of trouble. Maybe they should have required them to take additional gun safety training. They didn’t. That’s my idea. But, now, they are marked for life. What kind of guns will they buy? Illegal ones. Will they feel rehabilitated? No.

I do not have a problem with my State knowing the serial number of a handgun I might own. It would make any legal handgun owner be more responsible about locking and controlling the whereabouts of their weapon.

As I started out to say, I was actually considering giving a handgun to my granddaughter when she turned 18 for her own safety. She could not purchase one herself until 21. But PA and NH allow 18 year olds to carry handguns given by a parent, spouse, or grandparent.

After careful consideration, I decided against it, even if she went to PA or NH for college. Federal law would have her expelled if the gun were discovered, or reported by a roommate, for example. And if discovered, it would very possibly get stolen. So, really the gist of my previous comment would better to have been limited to that. But I had at least three topics, sparsely identified, and got accused of trying to turn America into Nazi Germany.

I will try to be more succint in future posts.

And Larry, did I at least give you some notion of what madness I would like to end?

Ps. The clear code on a DL to purchase and carry a concealed weapon in all 50 states, heck yes. Legislators like to legislate. Let the AG crowd go on the defense with a bill like that. And let Bloomberg spend more useless millions.
 
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Do you really think it would be a good idea to open up the FBI NICS check to any ol tom dick & harry with a computer??

Whats to keep a person from running a check on one person, then using a photoshopped version as proof of not being prohibited??

There are more objections of course, these were the first things that come to mind
 
I like that idea.

You might as well take it another step while you are getting your BC and your clear code.

A clear code would be your permit to carry concealed. LE could scan it. Good in 50 states just like a drivers license. Bloomberg would spend 50 million to oppose it. ;)
And I like that idea. But since many states require some from of training for a CHL/CCP, it may need a separate code. But either way, it is much more convenient that having to carry a separate card.

The BC code would serve other purposes than firearms transfers. As a landlord, It would help me screen prospective tenants. If enough other uses were found, the pressure to get a code would eventually result in everyone that could bet one having one, whether or not they ever intended to own a firearm. And this would negate any potential for using the code to identify gun owners.
 
I actually like a lot about Hypnogator's proposal. It seems to closely mirror the bill proposed by Sen. Coburn in 2013 that never got a vote in the Senate; but has some added bonuses.

As to concerns about privacy, in the Coburn bill, you were the only person who could run a NICS check on yourself - so the system isn't being opened up for you to check on your neighbors.

I think one thing a law like this would need is teeth - criminal penalties for any unauthorized firearms recordkeeping, privacy abuse, etc.

While some seem to see this as another gun cntrol law, by doing away with much of the 1968 structure, it actually removes some gun laws and creates even more decentralized recordkeeping that would be more difficult, though not impossible, to abuse.

If you combined it with some sensible reform of the many illogical restrictions imposed on gun owners and bolstered some of the privacy protections, it would have some promise to it.
 
Wouldn't it be simpler to just lock up all the people who are too dangerous to be trusted with firearms? The background check would then be universal instant and paperless since you'd be able to tell they weren't a prohibited person due to their lack of incarceration.
 
Wouldn't it be simpler to just lock up all the people who are too dangerous to be trusted with firearms? The background check would then be universal instant and paperless since you'd be able to tell they weren't a prohibited person due to their lack of incarceration.
Yes. ^^^ This and nothing else. ^^^

No power has been given to government to register arms, or to require permits to own/bear arms. "Shall not be infringed" means that government may not use any other power it has been given to tax arms, or effectually register or require permits for us to keep and bear them, or to interfere with the free trade of arms.

If the ends sought cannot be achieved through the means granted to the Federal Government in the Constitution, there is neither a need nor the power for the Federal Government to get involved. B.E.Wood

Woody
 
Wouldn't it be simpler to just lock up all the people who are too dangerous to be trusted with firearms? The background check would then be universal instant and paperless since you'd be able to tell they weren't a prohibited person due to their lack of incarceration.
Who is going to pay for the facilities and resources required to house them? The US prison population is currently 400 times what it was 40 years ago (before we started the war on drugs), mental hospitals are closed, and now you want to re-incarcerate all of those that were were paroled or released to make room for the non-violent drug offenders?

There is current progressive thinking that would dictate that those who benfit most from a govt. program should bear the burden of the cost. Since your proposal would benefit gun owners, I suspect the "who would pay?" question would be answered by taxing all firearms sales. This would certainly appeal to the antis by making all firearms less affordable.
 
Wouldn't it be simpler to just lock up all the people who are too dangerous to be trusted with firearms? The background check would then be universal instant and paperless since you'd be able to tell they weren't a prohibited person due to their lack of incarceration.
We went without gun control for 192 years in this country. How many people realise that? (158 years if you count the NFA). Guns were sold at department stores, hardware stores, corner stores, gas stations, by mail order. Violent criminals were generally kept locked up and murderers met their fate with Ol' Sparky.

There were no school shootings but there were guns in schools. We had "rod and gun" clubs in schools, shooting ranges in school, kids used to bring their rifles to school in order to go hunting after class, shoot rats in an empty lot or at the river on the way home after school.

Instead of meeting the demands of (or compromising with) the anti-gunners with their "UBC" . How about our demands? The anti's have wish lists and talking points. Maybe we need to make some demands.

How about these? Our 10 demands.

1. Repeal of the 1968 Gun Control Act.

2. Repeal and disband the NFA.

3. Repeal The Lautenberg Amendment.

4. Repeal the Gun Free School Zone.

5. Repeal the import ban.

6. Repeal "The Hughes Amendment".

7. Repeal the "Sporting Weapons" clause.

8. Repeal the import ammo ban.

9. Repeal the ban on Chinese firearms and ammo.

10. Reinstate the funding and the process for getting firearm rights restored to those under some overbearing so called "disability". Non violent felons like Martha Stewart should have her firearm rights restored.

That is where we should be IMO.

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Endthemadness,

Evidence code 1024 is not about kids ratting out their parents or neighbors. It is a law, which would have prevented the Colorado theatre mass murder, since the shooter was in therapy, his therapist did know he was a serious threat, but was incapable of doing anything about it because the Colorado confidentiality codes are too touchy-feely for her to have made a 1024-like report. That is exactly why I believe that a nationwide Evidence Code 1024 would do far more to prevent sickos from indiscriminate killing than UBC’s.

Nazi Germany? Not hardly. Not yet anyway. The protection against liability for a mental health professional who chooses to report not, is required to report, is still subject to keeping good case notes, and being willing to go to court to defend their actions if necessary. A case worker needs to be absolutely completely sure the person they are reporting is a clear and immediate danger to others to themselves, before they make the call. And yet, without a specifically identified victim, the law still says may, not shall.

It sounds like you worked as a LCSW; how confident are you that you could spot anyone who posed a threat in your practice? And what about the chilling effect such reporting, and the resulting inherent lack of confidentiality in the practitioner-client relationship, would cause for those seeking treatment?

And if there is an opportunity to inform, there can always be a liability for not informing; it's inherent in our legal system. So in a world where doctors check you for 30 things when they KNOW what you've got, just to protect themselves, what do you predict the cautious practitioner will do? I submit they will err on the side of self-protection, and report anyone who might vaguely, possibly, REMOTELY be a threat.

If anyone really believes they can prevent crazy behavior, I'd like to hear about what would be sacrificed to make their system work; "Minority Report" seems about as close to that as we'll get, and that's too large a price for safety.

First, thank you for your family’s service! One thing the military does is control their weapons. When I was in, women were trained in combat arms, but could not have combat arms MOS. It was peacetime, and there was an armory with an armed guard 24/7 at every barracks. Soldiers did not have personal weapons, and only carried military weapons under authorized supervision.

Students in a college dorm, even at West Point or Annapolis, may not have weapons on campus. I hardly think that any non-military college could manage an armory of the type that would supervise the carrying of weapons on campus.

Who spoke of schools running armories? Every firearm is the responsibility of its owner; you seemed to suggest that people that age couldn't responsibly secure a firearm, and I offered at least one example of someone that age who certainly can. I tend to resent 'lowest common denominator' planning or legislation.

And truthfully, 'End the Madness' sounds like something right out of Moms Demand Stuff; are firearms the 'madness'? Is violence the 'madness'? Or is only violence committed with firearms the 'madness'?

Larry
 
Midwest said:
There were no school shootings.

Well, there were school shootings, and bombings. My wife was in school during a shooting and my cousin barely escaped a bombing. There were fewer such incidents, but we also had a lower, less dense population, and no internet or cable TV to provide instant, wide spread coverage. Local incidents stayed local and were dealt with locally Now, any local incident instantly becomes national if not global and everyone has a chance to weigh in with an opinion. The incident does not affect them in any way, but that doesn't stop them from insisting that something be done, and done NOW!
 
Obviously you let the non violent ones out of prison to make room.
You had also better repeal the laws that put them there in the first place or else they are going right back in. Unless you decide to just not enforce some laws while enforcing others. Not a sound policy, IMO.
 
Yes, it was certainly a different time, but kids still died in schools.

http://en.wikipedia.org/wiki/Bath_School_disaster
Yes, and that will not change without a physical evolutionary change. That would take, what, 20,000 years at best based on our evolutionary behavioral history?
Weeding out violence, if successful at all, is not a problem of behavior control but rather an issue of biology. Assuming civilized society doesn't collapse and we don't medically speed up the process in the meantime, our brains evolve at a relative snails pace.

This means violence is here to stay for the forseeable future. If we are at all interested in liberty (as we understand the term) we as a society have to focus on the root causes of violence and not how it manifests itself.
We have the resources to do this now, it's just not very sexy or immediate, and doesn't make for good headlines.

This is why I am pessimistic about societal evolution. But please don't let that stop anyone else from trying.
 
DT_Guy
Every firearm is the responsibility of its owner; you seemed to suggest that people that age couldn't responsibly secure a firearm, and I offered at least one example of someone that age who certainly can. I tend to resent 'lowest common denominator' planning or legislation.

And truthfully, 'End the Madness' sounds like something right out of Moms Demand Stuff; are firearms the 'madness'? Is violence the 'madness'? Or is only violence committed with firearms the 'madness'?

Hi again. I think we are a lot closer to being on the same page than you have expressed. Maybe I picked a lousy handle for this forum. As a social worker, working within the maze of confidentiality laws in California for thirty years, I never found anyone that I was convinced was going to go out and kill somebody. Not one among thousands. Under the complex system of Laws and Ethics under which I had to work, every year or two with some new or changed rule, I was never accused of neglecting my responsibility regarding a potentially dangerous person. And I was likewise never accused of falsely reporting one. Why? I never did it. I heard clients say things like, “ I just want to kill her”, or something like that. I used discretion interpreting the true intention of such a statement. I assessed the motive, and the means. Not once was I ever concerned about the safety of anyone by the time an angry person left my office. I was always able to “talk them down”. I might have made a no violence pact with such a person. Sometimes I even gave them my business cell phone number to call if they thought they might lose control, or already had. I always took the calls. I taught them techniques for staying in control. It was pretty stressful work. But in most cases, I did make a difference.

I never reported anyone for being a threat to others. I did report a few for being a threat to themselves, and they later thanked me for saving their lives. Under California law, as it exists today, there have been an untold number of practitioners who have reported a person as being an immediate threat to the safety of others. Have any lives been saved because of it? I have no idea. It is not the way I handled things. Still, I always abided by the rules.

Larry, I am myself outraged by the growing number of sociopaths who kill indiscriminately. That is the madness in my opinion, whether it is with a knife or a club, out of religious fanaticism or any ideology. Gun control laws will not reduce it, of this I am convinced. We have too many of those laws already.

Even the topic of this thread, that I clumsily intruded upon, has merits in the anti gun atmosphere in the Country today. But does jerkface11 have a more plausible solution? He might.

You are right that some young people can be trusted to prevent theft of a weapon. I am glad that you feel that way. Having Ranger training indeed makes a difference. I wish I could feel that confident for someone who has not.

Meanwhile, as I said, I will not be arming anyone who can not legally obtain a weapon on their own, unless I am with him or her, and they are under my immediate supervision while the weapon is in their possession.

I think we all know there is a much more insidious agenda at work undermining the US Constitution and our right to bear arms.

I’ll stop here. I write too much.
 
The BC code would serve other purposes than firearms transfers. As a landlord, It would help me screen prospective tenants. If enough other uses were found, the pressure to get a code would eventually result in everyone that could bet one having one, whether or not they ever intended to own a firearm. And this would negate any potential for using the code to identify gun owners.

It could carry a number of endorsements and personal information, the list is endless.

I had an experience with a diabetic not long ago that went into a diabetic coma. The medics knew what they were dealing with and injected him with something that brought him around pretty fast. They also checked a blood sugar monitor that he had and determined that he had not checked his level in 3 days. I happened to know he was diabetic but that was information that could have been on his drivers license on his person. I know this is Orwellian but the NSA already has most of this this info. if you are a "person of interest"

Scan Summary

Name John Doe
Blood type 0-
U S Citizen Yes
SSN 527-67-6711
DOB 07-23-1957
Mil Stat US Army Retired
Med Rec ARH02367543
ICE 657-456-5607
CPP WA 6745687
 
Is there a law that prevents the ID# issuer from sharing the gathered info with a 3rd party?

We are all a "person of interest"
 
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