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  #1  
Old 09-06-2019, 05:03 PM
zogger zogger is offline
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A Question on Background Checks on Personal Transfers

If laws were passed forcing all gun transfers (long guns and handguns) between two individuals (no FFL involved) to require a NICS check of the buyer before transfer; how exactly would this work?

Here in NY, this is the law for all long gun transfers except between blood related family members. Handguns require FFL since they go on your permit. You have to go to an FFL, fill out the forms, etc. Then the FFL keeps the form until hell freezes over. Interesting to note, the buyer and seller do not get a copy of the form.

If this became the way all transfers had to be done (including family members), would that mean all transfer would require to use an FFL? Would individuals be allowed to do the background checks themselves? Right now, if someone wanted to sell a gun but wanted to check the person was legally allowed to own the gun, they have no way (except thru an FFL) to verify that the buyer is legal. Would the buyer/seller get copies of the form?
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Old 09-06-2019, 05:25 PM
liggett liggett is offline
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NICS check via an FFL. Now the way we need to do it in Vermont since April 2018. Enhanced Background Check" even if it's your family. Ya go to an FFL and transferee fills out a 4473 and it's called in. $15-$40 bucks please and some FFL's refuse to do one.
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Old 09-06-2019, 05:56 PM
Vos Parate Vos Parate is offline
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  #4  
Old 09-06-2019, 06:19 PM
zogger zogger is offline
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Quote:
Originally Posted by liggett View Post
NICS check via an FFL. Now the way we need to do it in Vermont since April 2018. Enhanced Background Check" even if it's your family. Ya go to an FFL and transferee fills out a 4473 and it's called in. $15-$40 bucks please and some FFL's refuse to do one.
So another way to keep the poor from owning guns.
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Old 09-06-2019, 09:54 PM
Sistema1927 Sistema1927 is offline
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It is only enforceable with registration.

So, UBC ---->Registration---->Confiscation.

Any questions?
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  #6  
Old 09-07-2019, 01:12 AM
dsf dsf is offline
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Quote:
Originally Posted by liggett View Post
NICS check via an FFL. Now the way we need to do it in Vermont since April 2018. Enhanced Background Check" even if it's your family. Ya go to an FFL and transferee fills out a 4473 and it's called in. $15-$40 bucks please and some FFL's refuse to do one.
FFLs are prohibited from transferring a handgun to any person fewer than 21 years old. So as a matter of law, an 18 to 20 year old, even one fresh back from serving this country overseas, is prohibited from acquiring a handgun for self-defense in the home, a basic tenet of Heller. Is that correct?

I'm also curious. Using the following hypothetical scenario. I'm a VT resident. I've owned a 1936 made Colt News Service for a dozen years or so. Bought it private sale, no paper. I sell it to you (another VT resident) in January 2018. Perfectly legal at the time. Fast forward to today. You have some sort of casual contact with the police. And perhaps that police officer has had a bad day, or doesn't care for you, or private gun ownership. Maybe he genuinely believes something is amiss. How does he determine the firearm was transferred according to VT law or in the alternative, how do you demonstrate the firearm was transferred prior to the April 2018 law taking effect?

Laws that engender contempt for law, such as laws that are unenforceable or treated with disregard, are to be avoided. That is, legislatures ought not pass them. If it's impossible to determine whether a law has been broken or complied with, that seems to me a law which ought not exist.
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Last edited by dsf; 09-07-2019 at 01:27 AM.
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  #7  
Old 09-07-2019, 02:18 AM
1911crazy 1911crazy is offline
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The only way I sell a gun to a family member is through my ffl dealer to be safe. I’m not taking any chances with family members.
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  #8  
Old 09-07-2019, 08:09 AM
TRSOtto TRSOtto is online now
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Quote:
Originally Posted by dsf View Post
....
I'm also curious. Using the following hypothetical scenario. I'm a VT resident. I've owned a 1936 made Colt News Service for a dozen years or so. Bought it private sale, no paper. I sell it to you (another VT resident) in January 2018. Perfectly legal at the time. Fast forward to today. You have some sort of casual contact with the police. And perhaps that police officer has had a bad day, or doesn't care for you, or private gun ownership. Maybe he genuinely believes something is amiss. How does he determine the firearm was transferred according to VT law or in the alternative, how do you demonstrate the firearm was transferred prior to the April 2018 law taking effect?......
In your example, the LEO has no way of knowing if I am the original owner or not. Unless there is some mechanism in place in VT that would allow him to search all firearms transactions since January 2018.
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  #9  
Old 09-07-2019, 08:22 AM
Colt191145 Colt191145 is offline
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Take the cash, sell the gun. Or, take cash and buy the gun.

Keep mouth shut.

Done.
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  #10  
Old 09-07-2019, 12:29 PM
Combat Diver Combat Diver is offline
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In NC, you can have a Pistol Purchase Permit from the Sheriff where a NCIS was run at the time of issue. Its good for 5 yrs and cost $5. Sheriff can issue them out to those 18-20 yo for a private handgun purchase. The NC Concealed Weapons Permit also has a background check run on the owner. ATF has stipulated that a PPP/CHP can be used in lieu of a FFL running a NCIS check. Also if you have a any of the ten types of FFLs you can by pass the NCIS in accordance with the FFL.


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