What's the argument against background checks for private gun sales?

Discussion in 'Political Opinions & Beliefs' started by chris155au, Jun 2, 2022.

  1. Kal'Stang

    Kal'Stang Well-Known Member

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    Soooo....people can go to war, use guns, and die for their country at age 18, but can't own a gun until they're 21? Should we also raise the age to join the military to 21? Think the Feds will agree to that?
     
  2. Kal'Stang

    Kal'Stang Well-Known Member

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    Sorry, doesn't work that way Constitutionally.
     
  3. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

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    If I buy a gun from a local dealer, its a intrastate transaction, but a BGC is still required.

    That is not a good argument to say private sales could not be completed at a dealer.
     
    Last edited: Jun 2, 2022
  4. RodB

    RodB Well-Known Member Donor

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    It is not a loophole of any sort as it was consciously and deliberately written into the law. The constitution protects individual liberty and rights so a sale/purchase of a firearm by an individual (private) is considered protected under the Constitution.
     
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  5. kriman

    kriman Well-Known Member Past Donor

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    If they actually guess I am the person who sold the gun, I will simply deny it. If they try to use strong arm tactics, I will sue them.
     
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  6. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

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    Determine what? Talk about what?
     
  7. WhoDatPhan78

    WhoDatPhan78 Banned

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    So you do not believe in the rule of law.
     
  8. kriman

    kriman Well-Known Member Past Donor

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    No. I am explaining why universal background checks are impossible to enforce.
     
  9. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

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    You assume all law-abiding citizens would suddenly stop respecting the law because........why? Because its too inconvenient to complete your gun sale at a dealer? Speak for yourself. Most law-abiding citizens would continue to abide by the law, and it would make it harder for criminals to get guns.
     
    Last edited: Jun 2, 2022
  10. WhoDatPhan78

    WhoDatPhan78 Banned

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    No law is possible to enforce by that reasoning.
     
  11. kriman

    kriman Well-Known Member Past Donor

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    The law abiding will do obey the law. The criminals will not.
     
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  12. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

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    You are missing the point. Currently the law-abiding are selling guns to criminals, because there is no requirement to check if the buyer is a criminal or not. A buyer is a buyer. The sellers are not breaking any laws. However, if there was a legal requirement for them to complete the sale at a dealer, then the criminals would have to find another way to get their guns. Its not complicated.
     
    Last edited: Jun 2, 2022
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  13. kriman

    kriman Well-Known Member Past Donor

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    None of that changes the simple fact that all anyone has to do is simply ignore the law and the chances of being convicted of anything are nil.
     
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  14. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

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    You assume that law-abiding gun owners are willing to violate the law for no gain. Projection? Most people are more honest than that, and that enough to make a difference. They are called "law abiding" for a reason. If some are willing to break the law, and sell to criminals, then shame on them.
     
    Last edited: Jun 2, 2022
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  15. Rampart

    Rampart Banned

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    because "simply denying it" work's so well for drug dealers and such?
     
  16. Nightmare515

    Nightmare515 Ragin' Cajun Staff Member Past Donor

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    Well my argument is that it pretty much eliminates private sale then because the average person selling something on the private market doesn't exactly have the ability to conduct a background check on potential buyers unless they own a business with that capability.

    Plenty of my guns are from private sale, as with most goods and services it's usually cheaper to go the private route vs licensed dealer. I've saved thousands of dollars by purchasing firearms from a local seller vs going to the gun store and paying their markup and current "free market" price + dealer upcharges. This was especially true with the ammo shortage we had back in 2020-2021. It's not a "loophole" per say, if you've noticed the majority of the folks who conduct these mass shootings buy their guns from licensed dealers and pass background checks in the process. Banning private sale isn't really doing to do anything but prevent someone like me from being able to buy guns from the neighbor at my leisure. If you want to try to stop nutcases from being able to obtain firearms then a much better solution would be to to advocate for expanding exactly what the background check entails and rallying for law enforcement to actually do their job properly.

    A lot of folks are against Red Flag laws for fear of such a law being abused, and I agree to some extent. But the reality is that in the case of nutcases who commit mass shootings the universal theme is almost always that these people were known by law enforcement for being off their rocker to some extent prior to committing the act. It will take a team of good lawyers and navigating the Constitution but drafting up a proposal to have some of the "red flag" stuff these folks do pop up on a background check would likely help.
     
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  17. Big Richard

    Big Richard Banned

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    Where in the second amendment does it say background checks are required? I seem to remember something about shall no be infringed
     
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  18. WhoDatPhan78

    WhoDatPhan78 Banned

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    The second amendment doesn't say anything about age either. I guess we are violating the constitution by not allowing toddlers to buy guns.
     
  19. Big Richard

    Big Richard Banned

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    Finally, a lib who has actually read the second and knows what it says. Refreshing.
     
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  20. Big Richard

    Big Richard Banned

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    Seems only fair to me
     
  21. Kal'Stang

    Kal'Stang Well-Known Member

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    But the dealer is an interstate business. That is what matters.

    Prove that a private sale was done. It relies completely on an honor system. Unless you institute a registration system. The two have to go hand in hand.
     
  22. Pro_Line_FL

    Pro_Line_FL Well-Known Member Past Donor

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    Sure, such honor system would make it much harder for criminals to find guns, because most gun owners wouldn't mind abiding by the law. Some bad apples would still sell to criminals, and by doing so they would become criminals themselves. Tut-tut.
     
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  23. Kal'Stang

    Kal'Stang Well-Known Member

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    So make people criminals.....why? Most criminals get their guns through theft or illegal gun dealers. Not private sales. In any case you're going to have to prove that the gun was sold through a private sale. How are you going to do that? The vast majority of straw purchases aren't even prosecuted. And you expect this to make some sort of difference? Or be handled differently?

    Here's a better idea. Keep people in prison until such time as they can prove that they will not go back to a criminal lifestyle. Then when/if let out, they get their full Rights back. Of course to do that you'll have to reform our Justice System from one of punishment, to one of rehabilitation.

    Out of both of these systems....your idea vs mine....which do you think will benefit society more?
     
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  24. Pred

    Pred Well-Known Member

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    I’m on the fence about raising military age because recruitment is about getting kids out of HS, so from a practical standpoint, that’s a lot of lost soldiers.
     
  25. Polydectes

    Polydectes Well-Known Member

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    They aren't about checking background it's about the ATF gathering data.

    Wise people wouldn't do any background checks. Here in lies the issue you'll require them to do it the only ones who will are the ones who don't have to worry about so there isn't really much point.

    Essentially it's an unenforceable law. Good service no purpose except for data collection.
     
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