The College Conservative – Common Misconceptions About Guns
Chris Nuelle of the College Conservative has written a new piece that’s worth your time.
Common Misconceptions About Guns
As we plunge into 2016, it has become very clear that Obama will use his last year of power to strip Americans of their second amendment rights. Guns have become the chief issue of the Obama administration. During Obama’s teary eyed speech on Tuesday, his social media staff tweeted out a very false statement regarding online gun sales. This article will serve to clear up many recycled democratic talking points about guns.
The Gun Show “Loophole”
Every time the gun discussion resurfaces, the infamous “gun show loophole” talking point resurfaces with it. The main argument of anti-gun advocates centers around the false assertion that guns are entirely too easy to acquire. This sort of sensationalism is not only false but also hinders productive discussions on the topic.
Put simply: every legal gun sale requires a background check. Every sale at a gun show through an FFL requires a federal background check through the NICS. Private citizens are allowed to sell at gun shows and transfer firearms to family/friends without a background check, however, they can and will be held criminally responsible if their firearm is used in a crime. Because of this, most responsible gun owners who aren’t FFLs that are looking to sell their firearms will bring their customer to an FFL and require a background check before they transfer the weapon.
A good example of a straw man being held criminally responsible is the San Bernardino murders. Enrique Marquez, a friend of Sayed Farook was indicted in December for providing material support to terrorists. According to CNN, Marquez “bought firearms from local stores in late 2011 and early 2012, and is suspected of buying the rifles used by Farook and Farook’s wife.” Because Marquez provided these weapons to Farook he is now being held criminally responsible and will most likely remain in jail for life.
Comments
There are always misconceptions when dealing with the left. The left never has the facts and never worries about needing them since those who believe the left’s talking points will never look up anything to see if those positions held by either sides are correct. Facts are replaced with “feelings” so as to mask reality. Every time the left wins, more people are put at risk and everyone is less safe.
Private citizens are allowed to sell at gun shows and transfer firearms to family/friends without a background check, however, they can and will be held criminally responsible if their firearm is used in a crime.
Hmmm. Never heard that one.
What I can tell you is that a non-licensee cannot use the NICS even if he wants to.
So, the government won’t allow a seller to check on whether a buyer is legally qualified to possess a gun, but then holds him responsible if the answer turns out to be “no”.
Yeah, that figures. So much for “sensible” gun control laws.
Actually, this line—
Put simply: every legal gun sale requires a background check.
—is just plain wrong. What are generally called “private” transfers require no check, at least not so far as the Feds are concerned. Such private transfers are, in general, legal. And that fact is what Obama et al call the “gun show loophole”, even though most such transfers don’t involve a gun show.
The NICS check applies only to transfers from FFLs to non-FFLs, wherever and whenever they occur. Transfers between FFL holders don’t require a check.
This whole discussion is premised on the strange idea that somehow a person with evil intent or of questionable background is going to not get a gun because some bureaucratic process is going to stop them. Even in fascist Europe, terrorists and criminals get guns. Even in “gun free” Britain and Australia, they get guns. The San Bernardino attacks illustrate this perfectly (i.e., people with evil intent avoid the bureaucracy and get guns).
The only people that gun control keeps from getting guns are people who by definition do not have evil intent. I fail to see how keeping guns away from law abiding citizens is going to stop crime or terrorism. The only logical conclusion of the gun control argument is that the proponents consider everybody a criminal and/or terrorist, so only agents of the State should be allowed to be armed.
” most responsible gun owners who aren’t FFLs that are looking to sell their firearms will bring their customer to an FFL and require a background check before they transfer the weapon.”
I’ve been doing gun shows for years and I’ve never seen this. In Iowa, the seller is supposed to verify the buyers ID and if it’s a handgun, the buyer must have a valid permit to purchase or carry.
For a FFL to do a background check, the firearm has to be in the dealers possession. That includes entering the info in the A&D book. this transfers ownership of the firearm from the seller to the dealer. Then they buyer will have to fill out a 4473, followed by the required check. If for some reason the buyer is denied, the seller will have to fill out a 4473 and go through a background check to get his gun back.
“Private citizens are allowed to sell at gun shows and transfer firearms to family/friends without a background check, however, they can and will be held criminally responsible if their firearm is used in a crime.”
This might apply in some states, that require registration of all guns, but for the most part, no. Gun traces will only work up to the first person to legally buy a gun. After the original buyer sells or gives the gun away, the trail goes cold. Unless the original buyer and every other subsequent purchaser keeps records.