Carolyn McCarthy is Tireless:Wants Background Checks for Gun Shop Workers

Discussion in 'Legal' started by Solo Flyer, Aug 9, 2008.

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  1. Solo Flyer

    Solo Flyer member

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    Opinion Piece from her District's newspaper.

    http://www.antonnews.com/threevillagetimes/2008/08/08/opinion/mccarthy.html

    Introduces Bill Requiring Background Checks for Gun Store Employees

    Offering the first significant gun legislation since the U.S. Supreme Court's recent ruling on the District of Columbia v. Heller, (the landmark case outlining the legality of gun laws) Representative Carolyn McCarthy (NY-4) has introduced a commonsense bill that tightens the criminal background check system by requiring background checks for all gun store employees and dealers.

    These background checks would likely be conducted through the National Instant Criminal Background Check System (NICS) and would ensure that people selling guns are not prohibited from buying guns because they don't meet the legal guidelines and criteria.

    An outgrowth of the bipartisan Congressional Task Force on Illegal Guns and the Mayors Against Illegal Guns Summit, McCarthy introduced H.R. 6676, calling for gun store employees to go through the same background check system as those who wish to purchase guns.

    Federal law clearly prohibits felons, domestic violence misdemeanants, and other persons from possessing or transferring a firearm. However, there is no current requirement that federally licensed gun dealers perform criminal background checks on employees to determine whether they are persons prohibited from possessing guns.

    This bill will make it unlawful for a licensed dealer to authorize an employee hired on or after the effective date to possess or transfer a firearm or ammunition in the course of employment, unless the dealer receives notice that the attorney general has determined that receipt of a firearm by the employee would not be unlawful. Such notification could come in the form of a "greenlight" result from a NICS background check.

    "We need to make sure that we keep guns out of the hands of the people that can do the most harm with them," said McCarthy. "Specifically, if it has been determined that someone does not have the right to legally own a gun because of a previous criminal conviction or having been adjudicated as mentally ill, we need to make sure that they are not a part of the gun sale process at any point. This bill will make it harder for the wrong people to get their hands on guns and will keep our communities safer."

    With insight from the nation's mayors, this bill is part of a larger bipartisan Congressional effort to stem the problems of gun violence and illegal gun ownership throughout the nation. In addition to H.R. 6676, three other bills have been offered, including laws that would prevent the practice of "fire sales," making it illegal for those known or suspected terrorists to buy guns and closing the gun shoe loophole.

    "Public schools do not hire sex offenders as teachers, and pharmacies do not hire drug dealing felons as pharmacists, yet under current law gun dealers don't need to do a background check to see if their employees are felons," said New York City Mayor and and Mayors Against Illegal Guns co-chair Michael Bloomberg. "At the same time, pharmacists who lose their licenses can't sell prescription drugs to people without prescriptions, yet gun dealers who lose their licenses can sell off their inventory - without even conducting background checks. Thanks to Representatives McCarthy and Kirk, there are now bills introduced in Congress to fix these problems, as well as two other glaring gaps in the federal background check system identified by our coalition of Mayors Against Illegal Guns."

    Dealers would have three months to do background checks on current employees. After three months of the effective date of this legislation, it would be unlawful for a licensed dealer to authorize an employee hired before the effective date to possess or transfer a firearm or ammunition in the course of employment with the licensed dealer, unless the dealer has received notice from the attorney general that receipt of a firearm by the employee would not be unlawful.

    The law carries stiff penalties for gun dealers who do not comply with the law, wherein they could lose their licenses and face criminal charges if they fail to comply or willfully violate the law.

    "I am grateful to Mayor Bloomberg, Mayor Thomas Menino of Boston and all of the members of the Mayors Against Illegal Guns for their hard work and I am confident that together, we can pass commonsense gun laws like this one to keep Americans safe from gun violence," said McCarthy.
     
  2. Carl N. Brown

    Carl N. Brown Member

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    Great. We got a gun store owner who was a night clerk at a hotel when it was robbed. He was a teenager at the time. Standard Operating Procedure at that time was to assume that a hotel robbery was a inside job, and to consider the clerk a suspect until cleared. He was cleared. Years later, after service in Vietnam and even service guarding President Nixon, he was kicked out on an ATF background check for having a felony record (suspect in a larceny case). He had to get a videotaped deposition from the TBI investigator who cleared him. He keeps a copy of the tape in a fireproof safe just in case it comes up again.

    Another guy in our gun club gets kicked out on ATF BG check because of a felony arrest. He has to keep court papers showing it was an arrest on mistaken identity: he has the same first and last name as a felon that was wanted at the time he was pulled over in a traffic stop.

    So we have a background check system that contains false positives. I say it should be cleaned up before its use is expanded.
     
  3. ArmedBear

    ArmedBear Member

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    So what problem is this intended to solve?
     
  4. fletcher

    fletcher Member

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    Just when you think you've seen it all, gun shop workers are compared to child molesters and drug dealers.
     
  5. Prince Yamato

    Prince Yamato Member

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    It's already illegal for felons to have access to guns... why do we need a background check for dealers? Does anyone actually know of a gunshop that has a felon working at it? I don't. Even if, by some act of God, a felon is working at a gunshop, it's not like they can purchase a weapon from the shop.
     
  6. TAB

    TAB Member

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    Any FFL( or any employer for that mater) that likes being a FFL holder, is going to back ground check all of its employees. Thats SOP.
     
  7. yeti

    yeti Member

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    Seems to be another gun control law meant to make life more difficult for the law abiding by adding onerous requirements to prove you are not guilty of a law that is already on the books. :banghead:

    I need one of them!:D
     
  8. Solo Flyer

    Solo Flyer member

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    Yeah,I got a chuckle out of that!Guess the proof reader was out to lunch when they put this issue to bed.
    Or could this be the one Don Adams used in Get Smart?:D
     
  9. divemedic

    divemedic Member

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    Huh- I was arrested on felony charges once- but they were dropped at the arraignment. I had an FFL at the time. I have not once been denied or even delayed by NICS.
     
  10. scout26

    scout26 Member

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    Whenever the Gun Control Crowd says "commonsense" you can bet that everything that follows is pretty much stupid.
     
  11. Hypnogator

    Hypnogator Member

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    Much Ado About Nothing.

    If I owned a gun shop, I'd make sure my employees weren't felons.

    Nothing more harmful here to RKBA than prohibiting underage waits to serve liquor.
     
  12. LAR-15

    LAR-15 Member

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    This bill has zero chance of passing.

    The one issue pony strikes again
     
  13. Gunnerpalace

    Gunnerpalace Member

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    No they hire them as janitors.

    Another feel good law. But yet I see the reasoning behind this.
     
  14. Rokyudai

    Rokyudai Member

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    ...but CROOKS can become politicians. :banghead:
     
  15. Eightball

    Eightball Member

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    I fail to see the urgency in this; I come and go to school, and every time I come back to my firearm-selling employer, I undergo a background check.

    I fail to see her point. Lawsuits have almost already made this mandatory, we don't need an act of congress to reaffirm the courts. Looks like we need to give Congress something to do.
     
  16. retgarr

    retgarr Member

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    I agree Carolyn McCarthy is an awful politician who doesn't respect the constitution and should be impeached, but can anybody tell me what is really wrong with this law? I just want to get my info straight before deciding for myself. I mean there are some pretty shady gun dealers out there who think little about the rules. WHy is having an employee pass something so simple as a NICS check a bad thing?
     
  17. retgarr

    retgarr Member

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    ok, so if the dealer doesn't do a background check he's in deep **** already. Good to know
     
  18. misANTHrope

    misANTHrope Member

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    I don't think there's anything wrong with the premise of this law. Seems like a pretty good idea all around to check backgrounds before letting someone have access to your gun inventory.

    BUT

    Just because it's a good idea doesn't mean it needs to be law. Lots of things can be good ideas, but bad laws.
     
  19. highorder

    highorder Member

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    I have worked three gun shops, and never worked with anyone over 18 that didn't buy guns all the time...

    That's one of the best perks of the business; it seems like I never went too long between NICS checks :)
     
  20. Standing Wolf

    Standing Wolf Member in memoriam

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    The only firearms-related law we need is the Second Amendment, which happens to be the one we've never tried.

    If you think that's a coincidence, I've got some beautiful oceanfront property in Kansas to sell you.
     
  21. Aguila Blanca

    Aguila Blanca Member

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    This is billed as a "commonsense" (their mantra) bill, but I fail to detect a shred of common sense in it. If the issue is transfers that means the firearms are moving from one owner to another owner through the intermediate hands of the FFL or sales person handling the transaction. Completely aside from the fact it's already illegal for a convicted felon to even touch a firearm, how does imposing more controls on the guy who vettes the paperwork in any way prevent firearms from falling into the wrong hands?

    I can't find any logic to this at all ... beyond the fact that she has staked her political career on being anti-gun so she has to be seen by her constituents as continuing to promote "commonsense" gun control legislation.
     
  22. RaspberrySurprise

    RaspberrySurprise Member

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    While there may be nothing wrong with this law, there certainly is nothing right with it, which is good enough reason to can it for me. This is just another ocean liner in search of an iceberg.
     
  23. FieroCDSP

    FieroCDSP Member

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    You guys are missing the actual reason for this bill, and it's in plain print.


    This is a back-door rewrite of NICS legislation. The AG will have final word what can get you DQ'd. They've been trying this for years and have had it yanked from any and all legislation that tried it.

    As stated, any FFL worth their salt is screening employees, so this is pointless legislation, which in my opinion is worse than bad legislation.
     
  24. jlday70

    jlday70 Member

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    WHAT IS WRONG WITH THIS LAW??????

    There is already laws that prohibit this, that is what is wrong. Mcarthy is a worthles waste of our air, she continues to tout all these feal good knee jerk stupid gun laws while the real issues that congress should be worrying about ie. the economy, and energy get pushed to the side.

    The problem with all these new feal good laws is that they are mostly repeats or useless additions to the laws already on the books.
     
  25. armoredman

    armoredman Member

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    Ask her if this means they are not allowed to recieve the shoulder thing that flips up...
    What a maroon.
     
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