ATF preparing to regulate private gun sales with background check

[Old_Me]

like selling a car you do not want anymore..

i do not like tire kickers

i do not like low ballers

hell, i just don't like anything...well maybe my Devil Dogs with my nightly hot tea.

 

[Snake45]

When did the Firearms Owners Protection Act become part of the US Constitution?

FOPA is a Law, just like the 55 MPH speed limit is a Law. Laws can be repealed

FOPA became law in 1986. Even though it's federal law, a very few states--such as New Jersey--are notorious for not recognizing it.

Firearm Owners Protection Act - Wikipedia

en.wikipedia.org

Earlier I said Biden had been calling for its repeal since Day One. I was mistaken; I was thinking of the Protection of Lawful Commerce in Arms Act, a different deal altogether, which dates to 2005.

Protection of Lawful Commerce in Arms Act - Wikipedia

en.wikipedia.org

 

[XD94045]

Here in California, all firearm sales and transfers must be facilitated by someone with a FFL and completion of the transfer in our registration portal. It’s been that way for so long that most of us don’t blink at it.

 

[The Night Rider]

FOPA became law in 1986. Even though it's federal law, a very few states--such as New Jersey--are notorious for not recognizing it.

I don't see the word Constitution anywhere in this answer

 

[Bassbob]

I don't see the word Constitution anywhere in this answer

So you are seriously trying to argue that having a registry of gun owners is constitutional ?

 

[Snake45]

I don't see the word Constitution anywhere in this answer

You are correct, and thank you for pointing that out. I misinterpreted the question as, when did FOPA become law? But you are correct that it is NOT part of the Constitution and can be reversed at any time.

 

[Snake45]

So you are seriously trying to argue that having a registry of gun owners is constitutional ?

No, he's correctly pointing out how fragile FOPA is and that it can be repealed at any time. Relax, Night Rider is a Good Guy and is on the right side of this whole issue.

 

[Bassbob]

No, he's correctly pointing out how fragile FOPA is and that it can be repealed at any time. Relax, Night Rider is a Good Guy and is on the right side of this whole issue.

Not really. Even if it were to withstand constitutional scrutiny ( it won't, especially after Bruen) it's virtually impossible to implement without a complete authoritarian government.

 

[Snake45]

Not really. Even if it were to withstand constitutional scrutiny ( it won't, especially after Bruen) it's virtually impossible to implement without a complete authoritarian government.

We're talking about the Firearms Owners Protection Act of 1986. It's a GOOD thing.

 

[The Night Rider]

So you are seriously trying to argue that having a registry of gun owners is constitutional ?

I'm not a constitutional lawyer, my opinion on the Constitutionality of registration is as worthless as yours.

But I don't see any place in the Second Amendment that forbids registration and as I said several States do have registration and nobody's successfully challenged the constitutionality of that.

So regardless of what you and I think apparently registration of firearms is Constitutional until the Supreme Court says it's not.

 

[Bassbob]

I'm not a constitutional lawyer, my opinion on the Constitutionality of registration is as worthless as yours.

But I don't see any place in the Second Amendment that forbids registration and as I said several States do have registration and nobody's successfully challenged the constitutionality of that.

So regardless of what you and I think apparently registration of firearms is Constitutional until the Supreme Court says it's not.

Shall not be infringed.

Infringe - act so as to limit or undermine (something); encroach on.
"his legal rights were being infringed"


And the idea that something is constitutional until the supreme court says it's not is ridiculous.

 

[The Night Rider]

Shall not be infringed.

Infringe - act so as to limit or undermine (something); encroach on.
"his legal rights were being infringed"


And the idea that something is constitutional until the supreme court says it's not is ridiculous.

Where'd you go to law school at bro?

 

[Talyn]

It’s a law. Why do you think the ATF is supposed to discard 4473s after 88 days ? The Biden DOJ cannot unilaterally start registering gun owners.

POTUS 46 has boxes of 4473s in his garage next to his Corvette.

 

[az4783054]

no, he's already shipped those to our enemies and is awaiting his reward

 

[Bassbob]

Where'd you go to law school at bro?

Harvard.

 

[The Night Rider]

Harvard.

Okay, move someplace that requires registration and refuse to register your guns. When they arrest you you'll have standing to sue

 

[The Night Rider]

I want to be clear, I don't support registration. I think it's a really bad idea and I'm absolutely convinced it will eventually lead to confiscation.

Oh I'm trying to say is it regardless of my, or anyone else's, opinion it has not currently been found to be unconstitutional.

 

[Bassbob]

I want to be clear, I don't support registration. I think it's a really bad idea and I'm absolutely convinced it will eventually lead to confiscation.

Oh I'm trying to say is it regardless of my, or anyone else's, opinion it has not currently been found to be unconstitutional.

Neither have mag capacity bans, AR bans, semi auto shotgun bans, gun bans for those under 21, social media screening for CCW permits or red flag laws. Yet they are all unconstitutional.

If a law is unjust...(Spurious Quotation)

www.monticello.org

From an unlikely source:

“Respect for law is a basic tenet of democracy and the integrity of our judicial system. But the right to defy an unconstitutional law is also basic to our constitutional structure.”

The Right To Defy an Unconstitutional Law | New York Law Journal

Respect for law is a basic tenet of democracy and the integrity of our judicial system. But the right to defy an unconstitutional law is also basic to our constitutional structure.

www.law.com

 

[az4783054]

The fjb administration has demonstrated they don't care what the Supreme Court decides on an issue. They ignore it and circumvent the decision if it doesn't agree with their agenda. The Supreme Court evidently has no power to hold the administration in contempt.

 

[Keystone19250]

So, MN now requires some type of record for private sales, or that they go through an FFL (unless transferred between family members).

Also, MN requires a “permit to purchase”—basically, a background check—to buy handguns or “assault weapons” (I know, I know..). This takes the place of the Brady mandated waiting period, so you can walk out with the gun that day. A carry permit works as well.

I’ve sold…many guns over the years as private sales at gun shows, using local boards, or sites like Armslist. I’ve always required that the buyer have the carry/purchase permit and had them fill out a bill of sale (name, date, model & s/n) that I’ll keep.

I now just require going through an FFL, and, honestly…it’s easier. It weeds out sketchy buyers, and guarantees that the meet happens at a safe location. My position is that my price includes my paying the transfer fee.

Shrugs. I don’t see it as the end of the world.

And if you suggest the FFL place and they don’t show up most likely they can’t buy a gun.