New York Mayor, Illinois Congressman Tout Gun Bill

[Cavalier Knight]

New York Mayor Michael Bloomberg was in Chicago on Monday working with area mayors to draft legislation to keep illegal guns off the streets.

NBC5's Rob Stafford reported that there is a loophole in federal gun laws that allows gun dealers to sell off their inventory without doing background checks on customers -- known as the "fire sale loophole."

The loophole applies to gun dealers who have had their licenses revoked, and some lawmakers said those are the last people who should be selling guns to buyers who have not been checked out.

"It is not unreasonable to say when a gun dealer loses their license, they shouldn't be able to just go and sell their guns on streets to anybody," Bloomberg said. "To children, to criminals -- to anybody."

Rep. Mark Kirk of Illinois, who introduced the bill, said one of the most alarming examples of the loophole occurred in suburban Chicago, where a gun shop license was revoked in 2005, and a number of guns were sold off and later confiscated during a drug and violent crime investigations.

Kirk said his bill has bipartisan support, and is now pending in Washington. Kirk said he would push for Congress to pass the bill this fall.

ARTICLE

 

[AirForceShooter]

An FFl that's losing their license can just sell without background checks?
REALLY???

AFS

 

[JDoe]

"It is not unreasonable to say when a gun dealer loses their license, they shouldn't be able to just go and sell their guns on streets to anybody," Bloomberg said. "To children, to criminals -- to anybody."

Is the reporter wrong or is Bloomberg lying about selling guns to children?

 

[dogmush]

I'm suddenlly very interested in what that law actually says. hmmmm. [heads for google]



Edit: IANAL, but i do have google. I read through 922 (t). (That's the part that covers the NICS) and didn't see anything that looked like "if you're going out of buisness, you can sell to anybody". An FFL can transfer to other FFL's sans check, or they need a permit to skip the check for a non-FFL.

The text of the new bill is:

1) LIMITATION- Section 922 of title 18, United States Code, is amended by adding at the end the following:
‘(aa)(1)(A) It shall be unlawful for a person who has been notified by the Attorney General that the license issued to the person under this chapter to deal in firearms has been revoked, or that the application of the person to renew such a license has been denied, to transfer a firearm from the business inventory of the person into a personal collection of--
‘(i) the person;
‘(ii) an individual described in section 923(d)(1)(B) with respect to the person; or
‘(iii) an employee of the person.
‘(B) It shall be unlawful for a person, individual, or employee referred to in subparagraph (A) to transfer, on and after the effective date of the revocation or denial (as the case may be) referred to in subparagraph (A), a firearm that had been in the business inventory of the person referred to in subparagraph (A), except to a person licensed under this chapter.
‘(2) Paragraph (1) shall not apply with respect to a license revocation or denial determination which has been reversed.’.
(2) CONFORMING AMENDMENT- Section 923(c) of such title is amended in the 2nd sentence by inserting ‘section 922(aa) and to’ after ‘subject only to’.

So the only thing I see changing is after you get notice of your FFL going bye-bye, you can only go to another dealer?

 

[Henry Bowman]

If an FFL business loses it license and goes out of business, the inventory becomes personal property (private collection) of the owner. he can then liquidate his private collection.

I see their (unsubstantiated as a genuine problem) concern. But requiring that the inventory be sold to an other FFL would significantly reduce its value (to at or below what he paid for it). Perhaps that's fair motivation for an FFL to keep good records, but we all know that BATFE enforcement can be arbitrary and capricious.

 

[dogmush]

Ooh ooh ohh wait!!!! I get it!!! I had to read more rheteric for from the gun guys.


The "Loophole" is that after they lose their FFL's these guys aren't dealers anymore. So they can sell whatever guns they have as FTF transfers between private citizens. Hence no paperwork.

MAIL, and the Senators are torqued off about private sales, and this is round 1.


Edit. Stupid Cross post, I felt smart for a second there.

 

[everallm]

But surely there's a law about sales to children or children.....?

Heavens, next they'll be saying there's a "gun show loophole"

 

[Rokyudai]

It is not unreasonable to say when a gun dealer loses their license, they shouldn't be able to just go and sell their guns on streets to anybody," Bloomberg said. "To children, to criminals -- to anybody.[/QUOTE


Now why can't I be driving down the "street" and see a little stand with a sign that says "Guns for Sale"... honestly

It's for the children!

 

[Titan6]

Now why can't I be driving down the "street" and see a little stand with a sign that says "Guns for Sale"... honestly

Don't know. Last time I was in the big city I saw plenty of people selling drugs and they did not even have a sign. Now if only they could close that "illegal drug sale loophole" and make it illegal people wouldn't do it anymore.

 

[Harvster]

I thought the law stated that if you sell guns to children that regardless of FFL status you are required to sell it loaded, with a broken safety, and converted by simple means to full auto....(oh and it should have a cherry scented scratch- and-sniff trigger, though that part is optional).

 

[jim147]

I believe it is already illegal to sell face to face to children and criminals.

 

[Cougfan2]

Another solution in search of a problem.

 

[damien]

Sheeet, I say let's add nationwide CCW reciprocity and a clause that reopens the NFA registery to it and pass it with bipartisan support. The anti's have added poison pills to our bills in the past...

 

[Zip7]

Don't know. Last time I was in the big city I saw plenty of people selling drugs and they did not even have a sign. Now if only they could close that "illegal drug sale loophole" and make it illegal people wouldn't do it anymore.

BAM - you was all up in their grillz!!!

 

[Happiness Is A Warm Gun]

The sad thing is IF this does pass they will say look even an FFL who loses his/her license (who is not trusted) MUST sell to an FFL. Why does Mr. Smith civilian have the RIGHT to sell to drug dealers, gangsters & children.

Then next bill will require ALL sales to involve an FFL.

It never ends.

Like the terminator, except they single minded go after guns. They are the guninators.

Listen. And understand. That guninator is out there. It can't be bargained with. It can't be reasoned with. It doesn't feel pity [for victims], or remorse [for stripping people of their rights], or fear[that they might be wrong]. And it absolutely will not stop, ever, until all your guns are gone.