Could we ever pass a law making mandatory background checks private sales illegal?

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Washington state just passed a law making it mandatory for background checks on all gun sales including private sales and gun shows, closing the so-called "gun show loophole".



With a Republican led House and Senate do you think if the next president was Republican or pro-2nd Amendment president that we could pass a Federal bill making it illegal for background checks on private sales and sales at gunshots?
 
If a law passes where I live, I am getting a FFL and kiosk at the mall to do nothing but background checks and transfers. I might even get me a mini van and go mobile. The name I wanted for my mobile service has already been taken by pornographers, though.
 
No, that would be overreaching for the Fed.
You'd need to have an amendment to the U.S. Constitution clarifying that whole "shall not be infringed" thing in the 2nd "actually" meant.;)
 
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No, that would be overreaching for the Fed.
You'd need to have an amendment to the U.S. Constitution clarifying that whole "shall not be infringed" thing in the 2nd "actually" meant.;)
Yep. Infringed is open to interpretation, and with how things are, that's a prerequisite loose end that needs tying.
 
Not possible. We have passed the tipping point on a lot of topics and gun rights are one of those topics. While we may not see a rapid progression of similar laws passing in other states, the die has been cut and the general public, most of whom are not gun owners, will think UBCs are a great idea, even common sense. The only way to hold this movement back is to make sure there are enough state reps in favor of gun owner rights to keep it off the ballot. If it makes it to a ballot we lose. That's my opinion.
 
If you get an FFL you could not be mobile. It must be a single location approved by the BATFE.
 
Could we ever pass a law making mandatory background checks private sales illegal?

The anti-gunners found out they cannot enact gun control on a federal level, but they CAN succeed state by state as witnessed what happened in Washington State and Colorado.
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I thought nobody would ever be stoopid enough to pass a bullet serialization law and lo and behold, Microstamping legislation was passed in California with AB 1471 and signed into law on October 14, 2007.

Never bet against the ignorance of politicians.
 
"It can't ever happen" and yet it did in Washington state.

Therefore it can happen, has happened, and could very well happen in your state. It would not surprise me in the slightest that NY, NJ, CT, CA, and CO all have bills introduced to do the same. They already plowed the ground with the AWB and other anti gun laws, seems ripe as a counter-attack to keep pushing and get the focus off what other laws were passed. Like, it "corrects" some of the overreach while actually furthering their goals.

I might not worry about Missouri state wide accepting the measure, it remains to be seen if KC and STL try it in response to the Open Carry law smacking them down. It may seem that existing law wouldn't allow it but that would take consideration by a court to determine - after the law was passed and the citizens already stuck for it.

Let's not forget their will be a serious monetary incentive for the FFL's to say nothing in the face of a huge windfall in profits processing ten times as many NICS checks. When the stories of long lines start coming out of Washington state we'll see just how bad it is.
 
Washington state just passed a law making it mandatory for background checks on all gun sales including private sales and gun shows, closing the so-called "gun show loophole".

With a Republican led House and Senate do you think if the next president was Republican or pro-2nd Amendment president that we could pass a Federal bill making it illegal for background checks on private sales and sales at gunshots?

No. There isn't support for such on either side of the political fence.
 
No, the general public doesn't view background checks as being as big a deal as we do, and generally favor them. The politicians listen to us because we are more passionate about the issue. BUT, Its one thing for them to vote against instituting them on a federal level and entirely another thing to strip them away in states they already exist. That might be political suicide for all but the congresscritters from the reddest of the red states. Thats not even getting into the constitutionality of such an action.
 
The Washington law is not going to stand up in court. A tremendous waste of money and time, the first test case involving involving exchanging firearms in a recreational venue will upend it.
 
The Washington law is not going to stand up in court. A tremendous waste of money and time, the first test case involving involving exchanging firearms in a recreational venue will upend it.

I agree, it will not pass muster in court (or at least it SHOULDN'T).
 
I think we need to make favorable laws forbidding unconstitutional activity; after all, the anti's keep pass unconstitutional laws restricting us, and they are more recent than the Bill of Rights. Even though the Bill trumps mere law, it is ancient history, and therefore simply not as relevant as the garbage signed yesterday. If we periodically passed bills essentially affirming the Bill of Rights provisions and what we think they stand for, we wouldn't have to reach all the way back to the Federalist Papers or other court rulings for precedent, every time.

Think about it; if you passed/ratified a straight copy of the 2nd as the latest Amendment, it's strict language, as understood today, would be law of the land --not hundreds of years of axe-grinding interpretations. But we've been scared to affirm what we know it means, for fear that could be exploited. Well, as we've seen some 28,000 times, now, if we don't pass laws affirming the Constitution, someone else will pass laws defying with it, and we'll have pitifully slow and ineffective recourse through the courts to undo them.

I think I-591 was on to something; passing laws to limit unconstitutional government behavior, rather than laws restricting the actions of the citizens, is where we should have been directing our legislator's efforts for the last 200-some-odd years. I think a federal law against maintaining a functional registry or other list of gunowners, as defined by it's ability to link any random American to firearms ownership at some level of success (which would encompass data-mining absent an official registry file, btw) would be a very powerful tool in our favor. After all, the registry itself is not what we oppose --it's just a document-- but the fact it allows the government to easily determine who has the guns (not what guns; that's worthless info) --why not make a law against that?

TCB
 
"The Washington law is not going to stand up in court. A tremendous waste of money and time, the first test case involving involving exchanging firearms in a recreational venue will upend it."

What makes you think a court anywhere would throw out an entire law based on one activity accidentally falling into its vague wording? Not saying that shouldn't be grounds for throwing it out (on the grounds the law is so poorly written it shows contempt for the legislating process), but that laws are rarely if ever discarded for that reason. Look at the SAFE act's lack of LEO provisions. Hell, look at Obamacare! :rolleyes:

TCB
 
"The Washington law is not going to stand up in court. A tremendous waste of money and time, the first test case involving involving exchanging firearms in a recreational venue will upend it."



What makes you think a court anywhere would throw out an entire law based on one activity accidentally falling into its vague wording?



TCB


Much like our "ten day" win here in California, laws regarding enumerated rights are subject to greater scrutiny. If the burden imposed upon lawful gun owners is "unreasonable", it'll get tossed.

We've had several of these here in CA, unfortunately I am on the mobile and can't cite cases just this sec.

At any rate, the court won't toss it based on its wording, it'll toss it because it places an undue burden on Joe Average gun owner. Semantics, but then, lawyers.
 
You'd need to have an amendment to the U.S. Constitution clarifying that whole "shall not be infringed" thing in the 2nd "actually" meant

Perhaps you can explain YOUR understanding of the 2A................Personally I see some holes in your argument unless I misunderstood something, so a clarification would be nice.

Thanks in advance
 
eventually and it will happen. all gun transfers will be subject to backround checks.

yu wont like it. but it will happen. yu sell a gun for cash to your buddy and you will be a felon.wait and see. its comeing.

look at euro countries. you just cant sell guns willy nilly. it will be here soon.

the constitution can be read this way and that way. its up to interpetation by the party of rule.
 
Gun owners in Washington State got the law they deserve.

Washington State has a population of 6.6 million with approximately 33% owning guns. Of the 3.9 million registered voters about 2 million (51%) people voted. Initative 594 passed by 300,000 votes.

As harsh as it sounds there were a heck of a lot gun owners whose vote would have easily defeated 594 if they had bothered to vote.
 
Never say never!
Here in California, I have watched gun legislation for the past thirty-five years, and it has only gotten worse. A lot worse. We are still suffering under Roberti-Roos (1989), and even that was upheld in court. The legislature, upper-eschelon law enforcement, politicians, and anti-gun activists all trumpet legislation they know is likely unlawful, with the knowledge that it will likely take several generations to have that legislation struck down, if ever. Most of it is passed and signed into law on the public trough, but it takes huge amounts of private money to get it eventually overturned, if ever.
 
This would be the 1st step towards federal registration and lists of gun owners.To enforce the law they would have to keep records of transactions. Confiscation would be just one more step behind as they ban certain guns and they know who has bought what.
 
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