Why FFL...?

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The person that stole an item years ago served time but is out now...still a felon but not allowed to buy a firearm.

Right, so again, are you saying that he should not be allowed to own a firearm? Why? If he's not dangerous he should be allowed to own one, if he's dangerous he shouldn't be walking the streets.

This thread is not talking about what the laws are now, but what they should be.

fiddletown said:
We're getting a little far afield from the OP's question, aren't we?


Not really. The question is what good has come from having FFLs and the debate has turned to whether or not having FFLs keeps guns out of the hands of criminals which was it's supposed intent.

Doesn't seem to have made any difference in the grand scheme of things. Criminals still get guns and the only people harmed are the law abiding, same as always.
 
I can recall, in the mid 70's, ordering a shotgun and a rifle from "Spiegel" through their catalog.

They mailed me the ATF form (in use at the time), I completed it and mailed it back. Seems like within a couple of weeks, the firearms were delivered to my door, via US Mail.

Ahhhh, those were the days...........................
 
TnMtnMan I can recall, in the mid 70's, ordering a shotgun and a rifle from "Spiegel" through their catalog.

They mailed me the ATF form (in use at the time), I completed it and mailed it back. Seems like within a couple of weeks, the firearms were delivered to my door, via US Mail.

Ahhhh, those were the days...........................
Unlikely.
The Gun Control Act of 1968 prohibited mailing firearms to nonlicensees.
Most likely your Spiegel purchase was prior to 1968.


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Wouldn't it be better to have a national concealed carry license where you go through the same background check as the police and get the same firearms training and the same legal training on the use of deadly force. Once you had the license, you could buy the same firearms the police can and you could buy them without going through an ffl? Seem like it would eliminate a lot of paperwork and cut out the middle men.
 
macadore said:
Wouldn't it be better to have a national concealed carry license where you go through the same background check as the police and get the same firearms training and the same legal training on the use of deadly force. Once you had the license, you could buy the same firearms the police can and you could buy them without going through an ffl? Seem like it would eliminate a lot of paperwork and cut out the middle men.

Requiring a federal license to own firearms is not a road we want to start down.
 
macadore said:
...a national concealed carry license where you go through the same background check as the police...
Do you have any idea what sort of background check the police go through?

For our police department in our small community of some 80,000, a police officer goes through the following background check:

  • A background interview with a panel of senior officers;
  • A psychiatric evaluation;
  • A polygraph examination;
  • His friends and neighbors are personally interviewed.

And would you be willing to pay an application fee that would cover the cost of that sort of background check?
 
And would you be willing to pay an application fee that would cover the cost of that sort of background check?
Ithink most gun enthusiasts would be happy to do that once and have it done for life, able to buy what they want when they want.
The issue is that most gun purchases are 'one and done"--people looking to buy a gun to keep around the house. Not hobbyists. Such a regime would be a big imposition on them.

Anyway, the reason we put up with the FFL arrangement we have is that it beats jail time any day.

As for felons, the heck with them. I think the ATF ought to be better about rights restorations cases than they are. But I have no trouble with barring people with demonstrated ill judgment from owning guns.
 
But I have no trouble with barring people with demonstrated ill judgment from owning guns.

Even if that ill judgement resulted in no bodily harm to another living being, and the person has served time and paid restitution and fines to make things right?

Seems pretty discriminatory to me.
 
In our system of justice the burden of proof is supposed to be on the accuser. The problem with most gun laws is that they treat you as a potential criminal before the fact by making you prove your innocents before being allowed to exercise a constitutionally enumerated right. This if further complicated by the fact that arms are the ONE item that the Constitution guarantees you a right to “keep and bear”. This is the equivalent to having to pass a back ground check before being allowed to exercise your free speech rights (after all, the pen is mightier than the sword) or having to obtain a worship permit before being allowed to enter a church.
 
Even if that ill judgement resulted in no bodily harm to another living being, and the person has served time and paid restitution and fines to make things right?

Seems pretty discriminatory to me.
You're right. It discriminates against the stupid. I have no problem with that.
 
Then why are they allowed to walk the streets as a free person if they have demonstrated they cannot be trusted with a firearm?

Because not everyone is who walks the street is competent or a criminal. mentally incompetents, mildly retarded citizens, etc - those who really do not have the mental capacity to grasp the potential of owning a gun are still allowed to walk the streets.

Wouldn't it be better to have a national concealed carry license where you go through the same background check

Because that could intrude on States' Rights
 
Do you have any idea what sort of background check the police go through?

I renewed my concealed carry license Sunday and the instructor said we went through the same background check as the police.

A background interview with a panel of senior officers;
A psychiatric evaluation;
A polygraph examination;
His friends and neighbors are personally interviewed.

The polygraph is as reliable as voodoo. I wouldn't agree to one of those under any circumstances. As for neighbors, there is no evidenced that they are reliable character witnesses. I have a neighbor who despises my family because she had a run-in with my mouthy alcoholic mother-in-law over her cats. My mother-in-law and her cats have since passed on, but that neighbor would still be vindictive and irrationally biased.

As for the rest, if I could do it one time and buy any gun the police could buy for the rest of my life with no questions asked, I would do it. Show my license, buy a Thompson, and come home. My background is remarkably dull. A few traffic tickets in my youth. This approach should mollify those who claim they just want to keep firearms out of the hands of criminals and unstable people.
 
You're right. It discriminates against the stupid. I have no problem with that.

With all due respect, I'm willing to bet that you've done some dumb stuff in your time as well. The Second Amendment doesn't guarantee the right to bear arms unless you're an idiot and made a mistake. It guarantees the right to bear arms, period.

I guess what I'm trying to get at is, who are you to judge? There are many things that an individual can do to earn themselves a felony these days - many of them having not a thing to do with firearms or hurting people. How can you justify stripping people who have committed no violence and who haven't misused a firearm the right to defend themselves?

What gives you the right to dismiss an entire group of people, just because they ran afoul of a law, regardless of the fact that they've paid their dues to make it right?
 
macadore said:
fiddletown said:
Do you have any idea what sort of background check the police go through?
I renewed my concealed carry license Sunday and the instructor said we went through the same background check as the police.
Sorry, but I do believe that you've been misinformed. From my experience and knowledge as a volunteer for our police department, our vetting process is as I've described. And it's my understanding that this sorting of vetting process is common among police forces in most cities. I'd be very surprised if they didn't do that sort of thing in San Antonio.

macadore said:
fiddletown said:
A background interview with a panel of senior officers;
A psychiatric evaluation;
A polygraph examination;
His friends and neighbors are personally interviewed.
The polygraph is as reliable as voodoo. I wouldn't agree to one of those under any circumstances. As for neighbors, there is no evidenced that they are reliable character witnesses. I have a neighbor who despises my family because she had a run-in with my mouthy alcoholic mother-in-law over her cats. My mother-in-law and her cats have since passed on, but that neighbor would still be vindictive and irrationally biased.
Nonetheless, that is the sort of process to which police officers are subject in most cities.

kingpin008 said:
...What gives you the right to dismiss an entire group of people, just because they ran afoul of a law, regardless of the fact that they've paid their dues to make it right? ...
[1] In any case that group had been "dismissed" by Congress under the GCA. So we are left with two questions: can that be changed? and should that be changed?

[2] And what the "dues" are for a felony conviction is a legislative question. The current "official" price for a felony includes a loss of the right to possess a gun (and a loss of voting rights in some places). There are also a number of "unofficial" components to the overall price of a felony conviction: loss of the right to practice some professions; debarment from some jobs requiring one to be bondable; social ostracism, etc.

kingpin008 said:
...There are many things that an individual can do to earn themselves a felony these days - many of them having not a thing to do with firearms or hurting people. How can you justify stripping people who have committed no violence and who haven't misused a firearm the right to defend themselves?...
[1] There are certainly non-violent crimes that hurt people.

[2] Committing a crime shows a flaw in one's character. One has demonstrated, by committing a crime, a reason to question his integrity, honesty, judgment, impulse control, sense of responsibility and/or trustworthiness. The world is full of people who are subject to the temptations and stresses of living in this world and still don't commit crimes. Serving one's time doesn't magically repair one's character or demonstrate that he has become more responsible or trustworthy than he was before he committed the crime.

[3] Is that a perfect result? No, but we'll have to wait for Heaven for perfect justice. And overall, I don't see it as necessarily unreasonable that part of the total price tag for a felony is loss of gun rights in perpetuity.

kingpin008 said:
...Seems pretty discriminatory to me...
Discrimination isn't necessarily wrong. We discriminate all the time -- every time we make a choice. As a society, we've [quite properly] decided that it is wrong to discriminate on the bases of certain characteristics, like race, gender, religion, sexual orientation, etc.

But would you hire a someone who had been convicted of child endangerment as a babysitter for your children? If you wouldn't, isn't that discriminatory?
 
With all due respect, I'm willing to bet that you've done some dumb stuff in your time as well. The Second Amendment doesn't guarantee the right to bear arms unless you're an idiot and made a mistake. It guarantees the right to bear arms, period.
Let's see. I bought a house I couldn't really afford right after I got married. When i sold it I took about a $50k loss on it.
That's the extent of dumb things I've done. I doubt that makes me ineligible to own a gun. Nor should it. None of what I've done has involved arrests or convictions on felonies, unlike the folks we're talking about.
"the Constitution is not a suicide pact." Opening up gun ownership to people with demonstrated bad character (to put it mildly) is plain dumb.
 
[2] Committing a crime shows a flaw in one's character. One has demonstrated, by committing a crime, a reason to question his integrity, honesty, judgment, impulse control, sense of responsibility and/or trustworthiness. The world is full of people who are subject to the temptations and stresses of living in this world and still don't commit crimes. Serving one's time doesn't magically repair one's character or demonstrate that he has become more responsible or trustworthy than he was before he committed the crime.

Do you expect anyone to believe you have never committed a crime? If that's true you've led a very sheltered life. You have never sped, never jaywalked, never been in a fight, never parked illegally, or never done anything for which you could have been arrested? I find that impossible too believe.
 
Do you expect anyone to believe you have never committed a crime? If that's true you've led a very sheltered life. You have never sped, never jaywalked, never been in a fight, never parked illegally, or never done anything for which you could have been arrested? I find that impossible too believe.
Do you honestly think they're no distinction between j-walking and armed robbery? That is a reductio ad absurdam.
 
Do you honestly think they're no distinction between j-walking and armed robbery? That is a reductio ad absurdam.

According to you,
[2] Committing a crime shows a flaw in one's character.

I'm just going by what you said. You seem to have reversed yourself. I think statement 2 is not well thought out.
 
I'm just going by what you said. You seem to have reversed yourself. I think statement 2 is not well thought out.
You're not. Because I didn't write that.
However, committing a crime that will strip you of rights does indeed indicate a severe lack of judgment, at best. Last I checked j-walking does not deprive anyone of rights.
You aren't going to win this argument because a) this is the way the law is and it isn't changing anytime soon, and b) suggesting that felons ought to be able to have guns is a really really bad idea.
Now, if you wanted to propose that way too many things today are called felonies that really shouldn't be, that would be a reasonable discussion.
 
There are character flaws and character flaws. While no human is perfect, there's a big difference between the sort of flaw that might be associated with jaywalking or overtime parking and the sorts of character flaws that lead a person to steal or sell drugs or molest children or cheat on his taxes.
 
suggesting that felons ought to be able to have guns is a really really bad idea.

Exactly, since most felons are repeat offenders, their being released does not mean they did their time, but merely that the justice system would rather release them from the "cruel and unusual punishment" that our crowded prisons are and then rearrest and retry and reincarcerate them. Therefore allowing those out on the street for illogical reasons does not mean those folks should have easy access to guns
 
The fallacy underlying this is that the purpose of prison is to remove dangerous criminals from the street. It is not. It is to punish people. Once their punishment is served, they are released. That doesn't mean they are happy well-adjusted adults.
 
The GCA of 1968 was passed by Congress.
Evidently there was not a lot of vocal opposition from the People.

Same thing that happens today, Liberals used a Tragic Incident to pass a law that restricts our "God Given Rights".

I think it's unconstitutional on it's face, but even the NRA isn't trying to reverse the GCA of 1968.
Don't get me started about the USSC and "Reasonable Restrictions".
"Shall Not Be Infringed" is pretty clear to me.
 
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