Scott Farkus wrote: ↑
Mon Aug 19, 2019 8:19 pm
MaduroBU wrote: ↑
Mon Aug 19, 2019 11:18 am
The in the business of selling guns standard is reasonable, except that gun shows all have an ATF presence for running NICS checks. I'm not a big participant in gun shows, but my understanding is that selling off of your table with no NICS check in Texas essentially does not happen.
That is not correct. Every gun show I've been to has had a mixture of private sellers and licensed dealers and I've never seen or heard of a private seller conducting an NICS check. I've also never seen the ATF running NICS checks at any show, I have no idea where that comes from. The licensed dealers are all set up to run the checks, perhaps that's what you meant?
Now, private sellers could of course go to one of those licensed dealers and, for a fee, ask him or her to run a check but again, I've never seen it happen. I'm not sure who's telling you otherwise.
In fairness, there aren't usually that many private seller tables and they tend not to have a whole lot of guns offered for sale. Maybe 10% of the guns at a typical show are at private tables and that's being generous. But no, they don't run NICS checks on them, nor is it required, nor should it be.
The question of what constitutes a dealer or "in the business of selling guns" is a different discussion.
My source was prior threads here about experiences at gun shows. I think I went to one in maybe 2002. I was pretty turned off by the experience and haven't had the desire to go back since. Point being, I don't have any relevant personal experience. I thought that I'd read responses to other, similar circumstances to the effect that most gun shows here in Texas route all sales through an event ATF booth designated for that purpose. I could easily have misread that or maybe the statement was made but simply untrue.
I'm also fairly intolerant of people who want to hide behind the (very important) private sales exception to essentially run a business because my neighbor's dad growing up was an FFL. He kept it up as a side for his regular business, but it was mostly a service for friends and family to get firearms at dealer pricing. He went through all of the hoops to keep that license through the Clinton years (when the Clinton ATF tried to avoid renewing him for literally no cause, only to have the paperwork magically go through in February 2001 after months of inexplicable delay). If a law-abiding citizen wants to be an FFL, that process should be fair and open. If someone wants to sell a firearm to someone that they're willing to personally vouch for, that needs to be protected. I do NOT, however, support the right to sell guns to a complete stranger without any sort of checkup on them or an FFL and NICS check.
Sales on this website uniformly state via FFL or FTF only and require the presentation of a valid CHL at the time of the sale. I think that's completely reasonable,and it is a good standard to uphold. Ensuring that any background check law reflects a standard of behavior that we already adhere to rather than the deceitful attempt to register and confiscate firearms which the Democrats have been pushing for 30 years is, to me, the only reasonable course of action. Changing the law doesn't have to mean that things get worse. Refusing to acknowledge that there are gaping holes in the background check system, defending the status quo the the last, losing, and then getting the awful Democrat background check bill is the worst thing that can happen.
I will repeat that a searchable NICS list of prohibited buyers and real penalties if you're caught selling a gun to someone on that list would fix the vast majority of the issues here. It formally closes the "gun show loophole" without setting the NICS up to monitor sales and has no way of being turned into a registration scheme (which is what the Democrats actually want but won't admit to).