... with the premise that private sales should be regulated.

If the feds want to regulate an industry or a business (firearms dealers), that's one thing. When they decide to regulate private sales, that seems to be an entirely different ballgame.

I have no interest in keeping paperwork to show that my sister-in-law appropriated one of my guns, or an old girlfriend another. I don't believe these are issues the federal (or state) government belongs in.

I'm open to discussion on the idea, but at first blush, I don't like it.

...specifically prohibits this sort of federal activity:

as no specific proposals are in evidence.

What, exactly, do they want to do?

Edit: I didn't mean this as an attack against you Meiko, but against the vaporousness of the article and it's author. Sorry if there was any confusion.

I noted that no legislation had been written and there won't be without NRA involvement, we know that.

is that private sellers are FORBIDDEN from performing the same background check a dealer would. No matter how much a private seller wants to use the NICS system to screen the buyer, federal law prohibits them from doing so.

Also worth noting, private sellers are forbidden to sell to anybody they should reasonably suspect cannot legally buy a gun. They can be fined and imprisoned for breaking the rules FFLs are held to, but they are denied access to the tools FFLs can use to protect themselves.

Just make private transfers go through FFLs. Sure, it will impose a punitive fee on a perfectly legal activity, but who cares? It only hurts those lousy rotten gun nuts. Maybe it'll prevent a few innocent people from ever obtaining a gun(with which they might become not-so-innocent), and maybe a few gun owners will instead take their guns to one of those awesome buyback events, so the cops can pick up some nice pieces on the cheap.



Boy, I'm in a MOOD this morning.

and I'm actually somewhat satisfied with the way they do it. There's no such thing as a strictly private sale in Maryland, but an individual wishing to sell a regulated firearm to another individual must do so through an FFL who arranges the background check with Maryland State Police, OR they can conduct the sale directly through the MSP at a barracks. The police take 7+ days to finish their state version of what NICS does in five minutes either way, but they only charge $10 to do the transaction whereas an FFL charges far more. I would prefer for them to switch completely to NICS, but apparently they don't like using computerized databases to do things efficiently. Maybe a Delegate's brother-in-law will start a software company, and then we'll get to pay them five times what it's worth to set up a functional system. Well, maybe partly functional?

as long as the seller and buyer are residents of the same state that the sale takes place in, there is nothing the federal government can do - it is matter for state law.

The feds have stretched and warped the commerce clause so drastically that there are basically no limits to their authority over intrastate commerce. The gun had to come from somewhere before arriving at the seller's home. You want to sell a Glock or Benelli? International commerce. If one or both parties used a car to get to the meeting place, maybe the EPA can take its pound of flesh too.

when SCOTUS ruled that the absence of intrastate commerce constituted interstate commerce that can be regulated. Long story short, a farmer is not allowed to feed himself unless the federal government graciously permits him to do so.

With gun shows specifically, I can see that(massive "sting operations&quot . But the "GUN SHOW LOOPHOLE" is actually the private sale loophole(if we're being realistic, it's not a loophole at all, but whatever). You can't enforce any regulation of private sales without knowing who has legal ownership of the gun at all times. You can't close the "GUN SHOW LOOPHOLE" without nationwide registration.

...but I'm sure it's an illegal substance.

Rappoport said those kinds of sales need to be made illegal "so that we move legitimate buyers and legitimate sellers into a legitimate marketplace that's regulated."

But, I appreciate your position.

But I don't know if you're capable of believing that there are gun sellers who don't want to sell to prohibited persons, or gun buyers who don't intend to stuff it down their pants and walk into Chuck E. Cheese.

You mean the sellers who are forbidden from using the NICS system.

if you really care who gets the gun.

FFLs around here charge $75 and UP for simple transfers. Fortunately, we have the option of doing handgun/regulated firearms transfers through the state police for $10, but there's no telling where that option is or isn't available. Simply requiring everybody to go through an FFL means artificially driving up demand for the transfer service, which will drastically increase the rates and make safe, legal private sales impractical.

Wouldn't it be better for everybody to simply make NICS more accessible and require its use? That way, the ability to buy and sell is not contingent on the FFL transfer rates, and background checks are available for all firearms transactions. Private sellers will have the knowledge they need to comply with the law, and nothing to hide behind if they're caught violating it. Private purchasers would be screened the same way retail purchasers are, without having to pay a third party's outrageous fees. Police and prosecutors will be able to prosecute illegal sellers with greater certainty. FFLs still make money off of interstate transfers and sales. Who loses?

find out that they can't legally buy a gun -- but that's a pretty good indication your neighbor might be a criminal. I don't think that would be right.

Just add the $75 to the gun and do it right through FFL. I bet if you really negotiated, you'll find an FFL willing to take $35 for a few minutes work.

FFLs can use the telephone system to run a NICS check, and that's good. To prevent non-licensed sellers from abusing the NICS system, require them to either mail or fax a request, including the prospective buyer's deets and signature. Both parties are then notified of the results and who requested them. Any fraudulent request can be flagged by the supposed purchaser, and the suspect's address will be right there to show to the police.

This is just the first idea off the top of my head -- I'm sure there are ways to improve it

the NICS background check system should be opened up and required for ALL private sales.This view will find little support from the NRA.

Currently I will only sell a firearm to someone that I personally know and he/she has to have a valid and current concealed weapons permit. Since I have little interest in selling my collection that is not a problem. Six years ago I did sell several handguns to a co-worker and fellow shooter who had a carry permit.

In the future I would like to have the ability to travel to a licensed gun dealer and have him run a background check on an individual who was interested in purchasing one of my firearms. Of course the fee for the service would have to be reasonable. Under my plan there would be no more registration of the firearms involved than in a sale to a customer by the dealer.

I would also like to see the NICS background check system improved and for states to receive federal financing to make sure that they update the system with the names of those who are considered to be illegible to buy a firearm on a more timely and comprehensive basis.

This would handle the "gun show loophole" and also would accomplish far more.

And if I have to submit to that, then I expect to be able to go back to buying firearms through the mail without an FFL middleman again.

This has a snowballs chance in HELL, and will only speed up the undoing of gun control.. Because now that their are more efforts at gun control, and it is in the news, it reminds us activists that their are forces that STILL wish to fight us. and it will help mobilize support anew, with the pro gun folks, you know the "real" gun lobby!


As I have long pointed out, The call for gun control tends to bring LESS gun control. As political activists, get riled up, internet message boards light up as people get coordinated and CRUSH the gun control forces, with a flury of phone calls, office visits, checks, and angry letters. It makes the politicians go to "prove their pro gun credentials" and calm down the angry phone calls, will pick another gun control law to consign to the dust bin of history...

As it has happened many times for over a decade.

Thank you for bringing this to our attention. Your part of the solution!