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Mayor asks gun show to perform background check on personal transaction

Discussion in 'Legal' started by browneu, Feb 10, 2011.

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  1. browneu

    browneu Member

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    Mayor Coleman claims that most of the guns used in the Columbus murders are traced to gun shows. He asks that the gun show perform background checks on personal transactions implying that the guns were obtained from personal transactions.

    I know that dealers are already required to perform a NICS when selling a gun. However; I don't know how they are able to trace an individual sale to a specific location?

    I don't think you can have it both ways.

    Let me know if I'm crazy or he's crazy.
     
  2. General Geoff

    General Geoff Member

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    Don't believe it until you see hard proof from an empirical study supporting his claim. And you won't.
     
  3. browneu

    browneu Member

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    I was also thinking about the legality of the request. Is this something that is even legal?
     
  4. hirundo82

    hirundo82 Member

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    It's legal for him to request it. His request just doesn't have any force of law.
     
  5. bigfatdave

    bigfatdave Member

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    Nice to know how your tax dollars are being spent, isn't it?
     
  6. Old Fuff

    Old Fuff Member

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    Apparently His Honor :)rolleyes:) the Hon. Mayor :)rolleyes: :rolleyes:) is unaware that a NICS background check can only be made by:

    1. A federally licensed firearms dealer, distributor or manufacturer.

    2. And they can only do so when they are transfering a firearm to an unlicensed party or corporation.

    He may be shocked to learn that even his police department can't make a NICS check unless they meet the above requirements.

    The only way a NICS check of individual buyers/sellers could be made at a gun show would be for a seller to turn the firearm(s) over to a licensed firearms dealer (FFL) at the show, who would enter it into his/her bound book, and then have the buyer fill out a #4473 form. I presume the dealer would want to collect a fee from somebody...

    Of course this is what the Mayor wants to get in the first place, but he's hardly going to say so... :cuss: :banghead:
     
  7. Deanimator

    Deanimator Member

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    Like most anti-gunners he is:
    1. a liar
    2. an idiot who doesn't know (or care about) the law
    As pointed out by others, there is no legal mechanism for what he wants, which is in fact ILLEGAL. He could ORDER it and it wouldn't have any more force of law than if he requested or ordered dealers to sell to prohibited persons.
     
  8. hnk45acp

    hnk45acp Member

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    If there are no NICS checks for non dealer FTF transactions at gun shows then how can they be "traced" back to gun shows? Circular logic methinks
     
  9. TexasRifleman

    TexasRifleman Moderator Emeritus

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    I claim most of the guns used in Columbus murders were put here by space aliens in bikinis.

    I have exactly the same amount of proof as the mayor.

    The Department of Justice, who DOES have some evidence, says that ZERO POINT SEVEN percent of guns used in crimes in the USA were directly sourced from a gun show.
     
  10. bigfatdave

    bigfatdave Member

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    I claim that most of the guns used in Columbus murders were Mayor Coleman in an elaborate costume.
     
  11. W.E.G.

    W.E.G. Member

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    Ohio needs to get with the program, and pass a pre-emption law so that clowns like this get their toys taken away from them.

    http://leg1.state.va.us/000/cod/15.2-915.HTM

    § 15.2-915. Control of firearms; applicability to authorities and local governmental agencies.

    A. No locality shall adopt or enforce any ordinance, resolution or motion, as permitted by § 15.2-1425, and no agent of such locality shall take any administrative action, governing the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof, shall not be construed to provide express authorization.

    Nothing in this section shall prohibit a locality from adopting workplace rules relating to terms and conditions of employment of the workforce. Nothing in this section shall prohibit a law-enforcement officer, as defined in § 9.1-101 from acting within the scope of his duties.

    The provisions of this section applicable to a locality shall also apply to any authority or to a local governmental entity, including a department or agency, but not including any local or regional jail or juvenile detention facility.

    B. Any local ordinance, resolution or motion adopted prior to the effective date of this act governing the purchase, possession, transfer, ownership, carrying or transporting of firearms, ammunition, or components or combination thereof, other than those expressly authorized by statute, is invalid.

    C. In addition to any other relief provided, the court may award reasonable attorney fees, expenses, and court costs to any person, group, or entity that prevails in an action challenging (i) an ordinance, resolution, or motion as being in conflict with this section or (ii) an administrative action taken in bad faith as being in conflict with this section.
     
  12. bigfatdave

    bigfatdave Member

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    Ohio DOES have a preemption law ... the clowns continue their circus
     
  13. browneu

    browneu Member

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    Correct, the Ohio Supreme Court ruled against Cleveland regarding the preemption law.

    I did a little thinking after I posted this.

    The mayor is up for re-election soon and I believe that this is the beginning of his campaign. He's pandering to his constituents giving them a false sense of hope and security.
     
  14. stickhauler

    stickhauler Member

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    And when Ohio passed the preemption law, my home town, Dayton, decided it would be prudent to revoke their oppressive laws. We had a permit requirement, it was simply a "gun owners" permit, that covered any guns you owned. We also had a AWB in place.
     
  15. RONSERESURPLUS

    RONSERESURPLUS member

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    Looks liek the "mayor" needs some education, or as in so many Cases of Politicians REPLACEMENT! No way to fix Fools like that Vote thier Butts out thats all they understand!
     
  16. TexasRifleman

    TexasRifleman Moderator Emeritus

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    Almost hate to close this but the Legal question seems to be answered with the preemption information and it's moving towards political.

    If he's up for reelection, time for Activism.
     
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