Thoughts on Background Checks for private sales?

[Texan Scott]

We all have a right to free speech. When a person abuses that right, eg slander, sedition, inciting violence, etc., they commit a crime... but who would suggest curtailing everyone's free speech to make it "harder to abuse"?

We would respond that our 1A rights are not a matter of society's convenience, nor are our freedoms violable just because others have (or potentially could) criminally abuse theirs.

Now take out 1A and insert 2A (or 5A) and explain how my RKBA or right to property (or privacy, slap the 10th in there) should be infringed because of the actions of others, or for the comfort of others?

Just because some people don't like guns is NOT valid reason I should need anyone's PERMISSION to give one of MY guns to a friend or family member.

Fortunately, I live in a state where that is understood and respected.

4473s and NICS checks are mandated with FFLs on the specious theory that the Feds regulate INTERSTATE commerce; what authority could they possibly claim to regulate a transaction between two residents of the same state?

 

[gfanikf]

4473s and NICS checks are mandated with FFLs on the specious theory that the Feds regulate INTERSTATE commerce; what authority could they possibly claim to regulate a transaction between two residents of the same state?

http://en.wikipedia.org/wiki/Wickard_v._Filburn

 

[Apachedriver]

mgkdrgn,
Exactly my point. Without a registration database, how do we know if a check was performed when the firearm is obtained?

chuck

FFL Holders are required to maintain the Form 4473s in their records for every firearm they transfer along with a log of firearms they in take as part of their business. BATFE comes down on occasion to inspect those records. If the records don't match, they drop a hammer on the dealer. Those 4473s have all the data needed to track the firearm to its original owner.

And yes they do inspect. I don't know what drives the decisions on whom to inspect when but I do know of a couple of local dealers some years back that got spanked.

 

[Texan Scott]

I'll stick to my use of the word "specious"... not that I put it past them to try, but even if they got it past the House, they'd have to argue it in the context of regulating a Constitutionally protected individual right.... a far cry from medical marijuana.