background check question

[Howudoingood]

we keep hearing about background checks or the lack of background checks and I have a question I hope someone can answer for me so I'm better informed the next time I have to defend my point of view. Where I am from in Michigan you cannot purchase a handgun without first having a background check.
There are 3 ways in which to purchase a handgun. ) if you have a valid cpl a background check is not required because a check was performed when you were approved for your cpl.) I can purchase from a private seller even at a gun show but I need what is called a purchase permit that I have to get from my local police dept. after they perform a background check, and finally ) I can go to my local gun store and purchase a handgun after he performs a background check.
so no matter how I purchase a handgun, a background check is required. For a long gun it's a different story but my question is regarding handguns only. after all that typing here is my question. Is there any state in the union where you can just walk into a gun store or a gun show and purchase a handgun, either from a private seller or an ffl without first having gone through a background check? I am under the impression that it is already a federal law since the Brady act.
Thanks for reading
Mark

 

[HexHead]

Currently, in TN you can buy one in a private transaction without a BC. Even at a gun show from someone that isn't a dealer. Or in the parking lot of Wal-Mart or even a police station. It's called a private transaction for a reason. You both have to be residents of the state and the seller should ask if you are allowed to buy a gun, not a prohibited person.

You must do a BC when buying from an FFL.

 

[Sam1911]

In most states you can purchase a firearm from a private seller who is also a resident of your state without any background check. It doesn't matter if you're at a gun show or your driveway.

Generally speaking, the Brady law only applies to dealer sales, though some states require all sales (or handgun sales) to go through a dealer.

 

[pockets]

As has been stated, the Federal government does not require background checks for private sales of a firearm and only 15 states currently have such a requirement.

States that require BC for handgun only are: Michigan, Iowa, Nebraska, Pennsylvania, North Carolina, and Maryland.

States that require BC for all firearms are: New York, New Jersey, Mass, Conn, Rhode island, Illinois, Colorado, Oregon, and California.


.

 

[yugorpk]

States that require BC for all firearms are: New York, New Jersey, Mass, Conn, Rhode island, Illinois, Colorado, Oregon, and California.


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And Washington.

 

[Spats McGee]

. . . . Is there any state in the union where you can just walk into a gun store or a gun show and purchase a handgun, either from a private seller or an ffl without first having gone through a background check? . . . .

As others have stated, there is no federal requirement for a background check on an intrastate transfer of a firearm in a private party sale. Going back through that: (1) no background check; (2) on an intrastate transfer; (3) in a private party sale. So, if the firearm is crossing state lines (residents of different states, an interstate transfer), an FFL and background check are required. (Excepting certain limited exceptions, like bequests, not relevant to this question, as far as I can tell.) Any sale from an FFL (from his business stock, IIRC) requires a background check. These rules apply whether the sale is at a gun show, the parking lot of the Food Giant, or someone's living room.

State law (obviously) varies, but most states do not require a background check for transfers. In AR, for example, I can buy or sell any lawful firearm (i.e. no machine guns, etc.) from any non-FFL resident of AR (an intrastate private party transfer) without any sort of permit or background check.

 

[Sav .250]

Private seller in FL..........OK

Gun show, private seller..........Ok

What ever the case. If you follow the laws , your good to go. No problems.

 

[solman]

I thought NJ permits private sale of long guns to in state residents who have a NJ ID card. No BC necessary.
I could be wrong

 

[Howudoingood]

Thanks for all the responses guys,I have been enlightened, and didn't know I live in such a non gun friendly state.

 

[zb338]

Solman,
You are right about long gun private sales in New Jersey. They have to
fill out a New Jersey Certificate of Eligibility and keep it proving that the guy
had a Firearms I.D. Card when you sold it to him.

Zeke

 

[Twiki357]

Let me throw this out there and see if someone will knock out my last few teeth.

I believe that what’s referred to as Universal Background Checks (UBC) were a provision of the 1968 GCA. The UBC provision was declared “beyond the scope of congress” by SCOTUS back then. I believe it was on the basis that congress could regulate federally licensed sellers (FFLs) and interstate transactions, but not intrastate transactions based on the interstate commerce provisions of the 14th Amendment. That’s what resulted in BCs not being required for face to face sales within each state (Other than for BCs that are required by the laws of the individual states previously listed.)

 

[Captcurt]

Dealer verses individual.

All a FFL license does is restrict a dealer. I live near the Arkansas/Missouri line. Springfield and Branson have some big gun shows but as a dealer from Arkansas I can't sell at the show unless I transfer through a Missouri dealer. An individual has more freedom than a dealer. I thought that a "Federal License " would allow you to sell nationwide. Sure, if you want to ship it to another dealer. They should change the name to, Restricted State License.

 

[Spats McGee]

I believe that what’s referred to as Universal Background Checks (UBC) were a provision of the 1968 GCA. The UBC provision was declared “beyond the scope of congress” by SCOTUS back then. I believe it was on the basis that congress could regulate federally licensed sellers (FFLs) and interstate transactions, but not intrastate transactions based on the interstate commerce provisions of the 14th Amendment. That’s what resulted in BCs not being required for face to face sales within each state (Other than for BCs that are required by the laws of the individual states previously listed.)

That doesn't sound right to me. I don't have time to do the research today, but shooting from the hip . . . I don't recall ever seeing a late-1960s, early 1970s, SCOTUS case dealing with UBCs and the Commerce Clause. SCOTUS doesn't declare something "beyond the scope of Congress" without having a fully litigated and appealed case in front of it.

I think (but invite anyone who knows better to correct me) that background checks, generally, didn't come along until 1986. The fact that a BC is required in a purchase from an FFL, but not from private citizens, is part of the original, negotiated legislation.

 

[PapaG]

And in Illinois, person to person sales require that the seller verify through the ISP that the buyer has a valid F(ireams)O(wners)I(dentification)C(ard). We are also supposed to wait 24 hours for delivery of a long gun and 72 for a handgun.
BTW, the website for checking the validity has been down for weeks. Now you have to call a number that is next to impossible to find. I finally got it by sending the ISP an email asking how to do a transfer if the transfer site didn't work
But then again, since Illinois has such a good system there is little gun crime in the state (excepting Chicago).

 

[grogetr]

So in states with no private sales bgc can you do a long distance deal and ship the gun straight to the buyer in the same state? I thought it would have to be shipped to a dealer then the dealer would have to do a transfer which would mean a bgc. I'm so confused .

 

[Elkins45]

So in states with no private sales bgc can you do a long distance deal and ship the gun straight to the buyer in the same state? I thought it would have to be shipped to a dealer then the dealer would have to do a transfer which would mean a bgc. I'm so confused .

I do believe you could just box up a long gun and traipse on down to your local post office with it for an in-state sale. A handgun would have to go FedEx or UPs. AFAIK both are perfectly legal unless prohibited by your state laws.

 

[herrwalther]

In many states it is legal to buy or sell a firearm (handgun included) from a private person in a face to face transaction. Legal as long as you are both residents of the same state and you have to reasonable belief that the buyer/seller is a prohibited person that would fail a background check. Sites such as Armslist are for making FTF transactions with other enthusiasts.

 

[ring-eldest]

The bottom line, at least in my opinion, is the current call for "Universal Background Checks" is nothing more than an attempt to end private face-to-face sales in every state. That's all.

You can be sure they're not going to open NICS to private sellers, and if they did it would almost certainly be abused.

The intelligent people in the anti-gun camp (and don't be fooled, there are definitely some very intelligent people in that group) know exactly what they're doing with the push for UBC and it has nothing to do with making people safer or reducing crime. It has everything to do with eliminating FTF sales, forcing people to buy only from authorized dealers, which can then be easily subject to additional legislation, taxes, fees, or other barriers to entry.

 

[Sam1911]

So in states with no private sales bgc can you do a long distance deal and ship the gun straight to the buyer in the same state? I thought it would have to be shipped to a dealer then the dealer would have to do a transfer which would mean a bgc. I'm so confused

That would be possible and legal to do. If you do not know or have reason to know that the buyer is a prohibited person or is a resident of another state. It appears to be a pretty uncommon practice, especially since not many people know that it is legal.