Senate negotiations on "universal background checks"

[jon_in_wv]

While feasible, this situation is doubtful. It is a crime for both the transferee and transferor, so he'd be adding to his own list of charges.

It would also end up being a case of your word against his, and he's the one who has demonstrated dishonesty. Even if they're inclined to believe the criminal, all you need is one character witness who testifies in your favor, and mr. criminal gets the perjury bonus.

What you say sounds good but let's put it in these terms. A drug addict gets caught with a 3 ounces of crack. He tells the US attorney he will make a deal for a lighter sentence by giving up the guy he bought it from. Now he is admitting to the purchase not just the possession and he will even testify he made similar purchases from the dealer once a month for the past year. The dealer gets arrested, charged with the sale and is sentenced based on 36 ounces of crack (3x12). This is the reality of how the federal justice system works. You and I know how it SHOULD work, I'm telling you how it DOES work. In the case of the firearm the crook is already screwed because he has illegal possession of the firearm and is facing up to 25 years for it. He has nothing to lose by rolling over on you. His possession of the firearm without, according to him, a background check (the fact he has it supports that claim) is evidence you transferred it to him illegally. Along with his testimony you will have the weight of the evidence stacked against you and you will have to PROVE you didn't commit the crime. They have are suggesting you maintain the 4473 and maintain the paperwork as evidence of the transaction. If you can't get a hold of the dealers records, which the ATF has free access to not you (besides when you tell them where you did the transfer his records may be impounded by the same people seeking to convict you), and you can't produce your 4473 I can see the situation where you are truly screwed. I'm not saying this is the plan for all cases. I'm saying this can and will happen if this becomes the law of the land. I won't divulge my profession but I do review sentencing documents every day at work. You would be amazed now much weight is put on crimimals testimony when it serves the purpose of the state.

 

[blaisenguns]

You would be amazed now much weight is put on crimimals testimony when it serves the purpose of the state.

And other times I am certain they attempt to discredit the source.

 

[michaelbsc]

And other times I am certain they attempt to discredit the source.

Rather amazing what the "interest of justice" can justify.

 

[Vartarg]

The point is how can you prove I did or did not sell a gun with or without a background check through a private sale if there is no registry of who has what.

Yes....but it criminalizes otherwise legal behavior, and sets up an environment ripe for selective and arbitrary prosecution......totally unsatisfactory IMHO.

George

 

[michaelbsc]

an environment ripe for selective and arbitrary prosecution......totally unsatisfactory IMHO.

How do we know that's not part of what they want?

 

[jamesbeat]

It would certainly discourage firearms ownership and trade...

 

[JayBird]

Another reason to be against 'UBC's

Personally, I dont need another reason to be against them.

But lets think about funding....

http://www.usatoday.com/story/news/politics/2013/02/19/sequester-guns-background-check-fbi/1930923/

Looming across-the-board federal spending cuts threaten to weaken the national criminal background check system for gun purchases, federal officials warn, even as lawmakers work to draft compromise legislation to expand and improve the background check system.

...

Third Way, a left-leaning think-tank, noted in a memo in November 2011 that the lack of funding could lead to NICS shutting down for nine hours on Saturdays or Sundays, inconveniencing legal gun purchasers.

So now, if you want to buy a gun on a Saturday or a Sunday....you may not be able to buy it.

Going to that gun show on Saturday? How about your local Gander or Bass Pro Shop, or your LGS. Saturday? Nope. Tough luck.

I wonder if all private sales of guns required a background check, what if the government simply shutdown NCIS. Would that block any sales of firearms...for forever?

Those here that say they are for 'UBC's should probably reconsider that stance.

 

[MachIVshooter]

I wonder if all private sales of guns required a background check, what if the government simply shutdown NCIS. Would that block any sales of firearms...for forever?

Nope. You'd just fill out the 4473 and come back after 72 hours to pick up your firearm.

They have 3 days to come back with a "Proceed", "Delayed" or "Denied". No response is an automatic "Proceed"

 

[jon_in_wv]

And other times I am certain they attempt to discredit the source.

Sure thats why the US Attorney's office has had over a 90% conviction rate the past few years because that defense works so well.