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The asinine background check prior to a firearm purchase .................

jumpinjoe

Hellcat
Here's a link to a rather interesting story regarding the infamous background check, a little about how it works compared to how it's supposed to work, and especially the so-called 'Charleston Loophole'. Some of the numbers, both the good and the bad, are rather eye opening. It's not a real long read.

https://finance.yahoo.com/news/purchases-people-barred-buying-guns-120002862.html

Note: "infamous" and "asinine" are not part of the actual title ..... just my personal opinion.
 
I fully support the background checks but they should be hiring more people to do them, not closing the loophole. I got delayed on a purchase at Gander Outdoors in 2019 (there was a brief period where I got delayed on every purchase. It's fixed now). They wouldn't release it after the three days. They had my rifle for six weeks before I had them transfer it to a local shop that did complete the transfer after the three days. I have nothing in my record that should keep me from taking possession of my purchase. Those 5% cited in the article that are legally barred from owning guns, I don't want them to have them; those purchasers should be weeded out and denied. I just want the feds to be more efficient.
 
If this so called loophole gets closed I only see this being used against law abiding citizens to further restrict our rights by having no definite timeline of approval the background check especially if a certain political party influences the background check system or strips it of funding just to slow the process to a halt keeping your background check in limbo forever.

Look at how bad the NFA system is and how it works when you buy an NFA item there is no set timeline for approval and some people have waited longer than 24 months to receive approval.

The term loophole is used by politicians to illicit a reaction from the uneducated.

It's not a loophole it's the actual law nobody just stumbled upon this one day and thought they found the garden of firearm eden....
 
If this so called loophole gets closed I only see this being used against law abiding citizens to further restrict our rights by having no definite timeline of approval the background check especially if a certain political party influences the background check system or strips it of funding just to slow the process to a halt keeping your background check in limbo forever.

Look at how bad the NFA system is and how it works when you buy an NFA item there is no set timeline for approval and some people have waited longer than 24 months to receive approval.

The term loophole is used by politicians to illicit a reaction from the uneducated.

It's not a loophole it's the actual law nobody just stumbled upon this one day and thought they found the garden of firearm eden....
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There’s no reason it should take more than 3 days to complete a background check. They’re basically looking for 3 things. Any felony conviction, any domestic violence conviction and any drug conviction within the last 5 years. If any of them come up, it’s a denial. It really doesn’t even need any human intervention. This day and age, there should be a computer program written that can pick these things up and instantly approve or deny an application. If you are denied, then you get your human intervention in terms of fixing something that may be wrong or not updated on the NCIC check. Happened to me many years ago from stuff that happened when I was right at 18 & 19 years old. I had to contact the local police authorities and ask them to update my records on the NCIC. In all cases, they were more than willing to work with me and my records were updated within 24 hours and my application was approved. If it takes more than 3 days, that’s the government’s fault, not the potential buyer.
 
Check and double check info. During recent purchase had some wait issues on background check, person at point of purchase transcribing personal info onto computer put in wrong birthdate. Found out afterwards. Almost better to do by self in writing.
 
I fully support the background checks but they should be hiring more people to do them, not closing the loophole. I got delayed on a purchase at Gander Outdoors in 2019 (there was a brief period where I got delayed on every purchase. It's fixed now). They wouldn't release it after the three days. They had my rifle for six weeks before I had them transfer it to a local shop that did complete the transfer after the three days. I have nothing in my record that should keep me from taking possession of my purchase. Those 5% cited in the article that are legally barred from owning guns, I don't want them to have them; those purchasers should be weeded out and denied. I just want the feds to be more efficient.
benstt, I'm really curious just how far you support these BG checks...... do you feel a need to have your son BG checked if you should decide to gift him one of your old deer rifles or a prized handgun? Or how about if you just want to gift him some new gun for a gift giving occasion such as Christmas? Or how about if your dad, or grand dad, wanted to gift one of their favorite guns to you ...... should you have to undergo a BG check?

And I'd like to also know if you really think these BG checks have ever actually kept a firearm out of the hands of any criminal, crazy, or druggie that truly wanted one? You do remember that was the promise don't you? This new NICS BG check will "keep guns out of the hands of criminals."

I'm not being anything but seriously curious. Most often those I ask these questions are at a loss for relevant answers.

Thanks and regards.
 
Check and double check info. During recent purchase had some wait issues on background check, person at point of purchase transcribing personal info onto computer put in wrong birthdate. Found out afterwards. Almost better to do by self in writing.
"...person at point of purchase transcribing personal info onto computer put in wrong birthdate."

Had the exact same thing happen to me. That typo doubled my wait time at the store.
 
benstt, I'm really curious just how far you support these BG checks...... do you feel a need to have your son BG checked if you should decide to gift him one of your old deer rifles or a prized handgun? Or how about if you just want to gift him some new gun for a gift giving occasion such as Christmas? Or how about if your dad, or grand dad, wanted to gift one of their favorite guns to you ...... should you have to undergo a BG check?

And I'd like to also know if you really think these BG checks have ever actually kept a firearm out of the hands of any criminal, crazy, or druggie that truly wanted one? You do remember that was the promise don't you? This new NICS BG check will "keep guns out of the hands of criminals."

I'm not being anything but seriously curious. Most often those I ask these questions are at a loss for relevant answers.

Thanks and regards.
I support a background check for any transfer outside the family. Ideally it would be a system where the transferor just has to log into a website and gets a yes/no but I recognize that could have privacy implications for just looking up people at random. Criminal convictions are a matter of public record so that's a moot point but things like adjudication of mental illness are not. I'm not a programmer so I don't have a good answer to that. Perhaps having just a bare yes or no is vague enough to protect privacy.

Yes, I think background checks would do something. That article cites to a 5% figure that should have been denied but weren't. More efficient checks would weed those people out. Also, if a seller at a gunshow could just look and see if a buyer is prohibited they'd probably cancel the sale. They'd be stupid not to, with the criminal penalties being what they are. We'll never know how many of those sales would have been stopped because there was never a background check done. The data doesnt exist. I know of a couple people who had recent domestic violence issues who went around trying to get a gun. Checks prevented it and likely saved some lives. I think that's worth making a seller check to see if a potential buyer is prohibited. It won't stop EVERY illegal transfer bit stopping some is pretty good, especially when it's an angry ex who wants to do something bad and needs to be stopped for a while.

The common refrains after some mass shooting are "we need enforcement of existing laws" and/or "it's a mental health problem, not a gun problem." Background checks won't weed out most mentally unfit people, but they are an enforcement mechanism. Personally I think you take all the make/model/serial number stuff out and just have name and SSN. That should be all a background check requires for a yes/no. I bet that would streamline the process. Me, I also think it should be enough if a person presents a permit to purchase or carry. That's a background check that's already been done and it lets the transferor do their due diligence. I don't think the background checks should be as in depth as they are now but I support expanding the types of transfers that require them. I have really good friends who have serious felonies. I'd never have guessed if I didn't know. On that basis I'd like to see checks between friends, too.

All told, I'd like to see expanded background checks and loosening of restrictions on ownership to go with them. If you don't meet the criteria to be prohibited then there's no reason to make getting a suppressor or other NFA items so onerous.

That's my take. Feel free to disagree.
 
I must've missed the section of the 2A where it discusses the need for expanded background checks, in further restricting God-given rights of citizens, and in giving the state expanded powers. Crimimals don't care about following laws. Laws therefore only serve to restrict the rights of once-free, law-abiding citizens. Therefore I'll never support "common sense" gun control or expansion of restrictions. It's been said that it's better for 100 guilty men to go free, than for one innocent man to be wrongly convicted. This very thing applies to our liberties as well.
 
A background check for a Haz Mat endorsement on my class A CDL, including fingerprinting, which has to be done every 5 years, has never taken more than a week. Every time I buy a gun I am delayed and sold the gun after 3 days. I have no idea if they ever actually complete the background check but I have a hard time believing it takes more than the 88 days. There is zero reason why I should be delayed.
So we’re supposed to believe that it’s better to err on the side of caution for a gun sale to a non- felon ( you can check felony status in less than one minute) but fast track the authorization for a guy to drive a tanker full of explosive liquids around? There’s a guy who works here who is a violent felon. When he was a teenager he was a gang banger. He was honest with the company when he applied and they hired him, no doubt because of Affirmative Action. Now to be fair he is a nice guy and doesn’t seem to still embrace the violence of his youth. Nevertheless you have to have a Hazmat endorsement to work here. Hmm.

Criminals are not going to gun stores and undergoing background checks. The only thing background checks do is inconvenience honest gun owners.
 
I've said this many times before and I'll say it again, 2A can be limited. SCOTUS has so held for decades. There are no unrestricted, unlimited rights in this country. That's a legal fact and it doesn't matter how any of us read the various Amendments.

As I said above, background checks won't stop everyone but the do and have stopped some. They should be streamlined and sped up without question. Remember, there are several items aside from felony convictions on the 4473.

And that's as far as I'm willing to go into a political argument on here. You all are welcome to your differing opinions.
 
When you have mayors and governors releasing 100's upon 100's of lawbreakers from jail/prison across the nation, background checks are pretty much a moot point, and hypocritical as hell, when those same mayors/governors, and other political folks in national positions, are pushing for major national gun control/2A restrictions.
 
It's not a loophole it's the actual law nobody just stumbled upon this one day and thought they found the garden of firearm eden..
Agreed 100%

My last purchase was 11 days before I could take my firearm home. Personally I feel if someone tries and is found to be a felon they should get one more felon for trying to buy. My FOID expired last April 2020, I applied the first of February 2020 to this day I still have not received my new valid FOID card and have been denied purchases because the ID card is expired. Even though the state of Illinois is told everybody that due to covid they cannot deny purchases for an expired card yet many are. I can understand the reason many are being denied is because of duplicity in Illinois laws and how they go after people and try and turn them into felons for simple stuff.
 
Agreed 100%

My last purchase was 11 days before I could take my firearm home. Personally I feel if someone tries and is found to be a felon they should get one more felon for trying to buy. My FOID expired last April 2020, I applied the first of February 2020 to this day I still have not received my new valid FOID card and have been denied purchases because the ID card is expired. Even though the state of Illinois is told everybody that due to covid they cannot deny purchases for an expired card yet many are. I can understand the reason many are being denied is because of duplicity in Illinois laws and how they go after people and try and turn them into felons for simple stuff.
Pitdog2 , I am sending you a message.
 
I support a background check for any transfer outside the family. Ideally it would be a system where the transferor just has to log into a website and gets a yes/no but I recognize that could have privacy implications for just looking up people at random. Criminal convictions are a matter of public record so that's a moot point but things like adjudication of mental illness are not. I'm not a programmer so I don't have a good answer to that. Perhaps having just a bare yes or no is vague enough to protect privacy.

Yes, I think background checks would do something. That article cites to a 5% figure that should have been denied but weren't. More efficient checks would weed those people out. Also, if a seller at a gunshow could just look and see if a buyer is prohibited they'd probably cancel the sale. They'd be stupid not to, with the criminal penalties being what they are. We'll never know how many of those sales would have been stopped because there was never a background check done. The data doesnt exist. I know of a couple people who had recent domestic violence issues who went around trying to get a gun. Checks prevented it and likely saved some lives. I think that's worth making a seller check to see if a potential buyer is prohibited. It won't stop EVERY illegal transfer bit stopping some is pretty good, especially when it's an angry ex who wants to do something bad and needs to be stopped for a while.

The common refrains after some mass shooting are "we need enforcement of existing laws" and/or "it's a mental health problem, not a gun problem." Background checks won't weed out most mentally unfit people, but they are an enforcement mechanism. Personally I think you take all the make/model/serial number stuff out and just have name and SSN. That should be all a background check requires for a yes/no. I bet that would streamline the process. Me, I also think it should be enough if a person presents a permit to purchase or carry. That's a background check that's already been done and it lets the transferor do their due diligence. I don't think the background checks should be as in depth as they are now but I support expanding the types of transfers that require them. I have really good friends who have serious felonies. I'd never have guessed if I didn't know. On that basis I'd like to see checks between friends, too.

All told, I'd like to see expanded background checks and loosening of restrictions on ownership to go with them. If you don't meet the criteria to be prohibited then there's no reason to make getting a suppressor or other NFA items so onerous.

That's my take. Feel free to disagree.
benstt, with all due respect, I also see no need for any political argument, however I'd like to make a couple noteworthy observations. In your very first post in this thread you said "I fully support background checks .......", but then when I asked you just how fully you support them you said this .... "I support a background check for any transfer outside the family." That statement would lead to the follow up question of 'does that include just your family, or everyone's family? If you're implying only within your own family, doesn't that smack of typical politicians tripe of 'Rules are for thee and not for me'? On the other hand, if you're including everyone's families, then that leaves no one to be BG checked. I mean why would it not be necessary to do a BG check on those in your family, but it would be necessary to do one on mine?

My second question to you was to the effect of 'do you really think these BG checks have ever actually kept a firearm out of the hands of any criminal, crazy, or druggie that truly wanted one?' Your answer was "Yes, I think background checks would do something." Obviously they 'do something' ..... they infringe on a responsible, law-abiding citizen's exercise of his 2nd amendment right. But in all logical sense, these BG checks will not and cannot keep guns out of the hands of those who truly wanted one.' In the best vein, they can stop the bad guys from getting their hands on that particular gun during that particular sale where that particular BG check is involved.

But, if they truly want one, you and I both know they will get one. Maybe from an unscrupulous seller, maybe steal one, maybe even from the next try to purchase and beating the BG check by one or more means, etc, etc. Remember that was the promise of the politicians who forced this boondoggle down the throats of the vast majority of gun owners. IE: that it would "keep guns out of the hands of the 'bad guys'.". Those of us who are responsible and law-abiding know that to be pure, unadulterated BS.

You then went on to say "Personally I think you take all the make/model/serial number stuff out and just have name and SSN. That should be all a background check requires for a yes/no." I would at first glance agree with you on this relative to making the BG check simpler assuming I agreed with the BG check to begin with, except that it has been ruled in the courts that the SS# cannot be a forced identification method. Then this ... "Me, I also think it should be enough if a person presents a permit to purchase or carry." benstt, if we're required a 'permit to purchase' then it's no longer a right, but a permitted privilege, IE: someone is permitting us to purchase. Since the 2nd states 'The right of the people to keep and bear ....' so NO, I can't agree with that. And as the law is here where I am, even with a valid CCW permit, (which should be equivalent to your referrence to a purchase permit since all the BG check has already been done) I still must submit to a BG check. And actually the reasoning is sound ..... that I could have been squeaky clean when I applied for my CCW permit, but gotten into some really bad trouble with the law since that time ..... however even that does not validate the required BG check.

One last thing I would offer is this. When you say "2A can be limited. SCOTUS has so held for decades." is an over simplification of what the courts have said and an over reach of gov't that infringes on the amendment. True, there can be limits on how and where a gun can be 'kept' and/or 'borne' (keep and bear), maybe even on the type of guns that are legal to keep and bear, but anything that hinders a law-abiding American citizen from exercising that basic right of 'keeping' and 'bearing' is an infringement. Society in general all agreed way back in about 1934 with the law banning routine, citizenry owned SMG's (acknowledging the exceptions for stringent BG checks and tax stamps) back in the gangster days, and most even agree with limiting criminals, crazies, and druggies from possessing guns of any type. But shouldn't that be the answer? It's the gangsters, criminals, crazies, and druggies who have forfeited their right to 'keep' and 'bear'. It's already in violation of law for those kinds to be associated with guns in any way. That's what people are referring to when they talk about 'enforcing current laws'. But instead of enforcing those laws and severely punishing those in that category, it's the responsible, law-abiding that are infringed upon. The BG check does not and cannot prevent them from getting a gun in their hands no matter how stringent it is. It only punishes the responsible, law-abiding American citizen.

Now nothing I've offered here is intended as argument or even necessarily as a disagreement. It is to simply reinforce my earlier assertion that many folk's answers to these and similar questions in many, many debates and discussions with both anti-gun folks and non-gun folks (there is a demonstrable difference) demonstrates their sincere desire to find a better way, but at the same time shows the lack of an in depth understanding of what they're truly willing to fully support.

I would welcome your insight to my reply and my assertions.

Edit: to correct punctuation
 
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I've said this many times before and I'll say it again, 2A can be limited. SCOTUS has so held for decades. There are no unrestricted, unlimited rights in this country. That's a legal fact and it doesn't matter how any of us read the various Amendments.

As I said above, background checks won't stop everyone but the do and have stopped some. They should be streamlined and sped up without question. Remember, there are several items aside from felony convictions on the 4473.

And that's as far as I'm willing to go into a political argument on here. You all are welcome to your differing opinions.
You are as entitled to your opinion as anyone brother. I would argue that the spirit of the 2A has been violated by the government and the SCOTUS for a very long time now. That doesn’t make it constitutional. The SAPA passed the Missouri house two days ago, will easily pass in the senate and will be signed by the governor probably within the next month. It will be interesting to see the difference between what the feds say is constitutional and what my state says is constitutional.
 
You are as entitled to your opinion as anyone brother. I would argue that the spirit of the 2A has been violated by the government and the SCOTUS for a very long time now. That doesn’t make it constitutional. The SAPA passed the Missouri house two days ago, will easily pass in the senate and will be signed by the governor probably within the next month. It will be interesting to see the difference between what the feds say is constitutional and what my state says is constitutional.
Thanks. I try to keep threads civil. There was a bout of fighty threads not so long ago and I'm trying to avoid taking any more in that direction. It's not fun for a lot of the other members.
 
benstt, with all due respect, I also see no need for any political argument, however I'd like to make a couple noteworthy observations. In your very first post in this thread you said "I fully support background checks .......", but then when I asked you just how fully you support them you said this .... "I support a background check for any transfer outside the family." That statement would lead to the follow up question of 'does that include just your family, or everyone's family? If you're implying only within your own family, doesn't that smack of typical politicians tripe of 'Rules are for thee and not for me'? On the other hand, if you're including everyone's families, then that leaves no one to be BG checked. I mean why would it not be necessary to do a BG check on those in your family, but it would be necessary to do one on mine?

My second question to you was to the effect of 'do you really think these BG checks have ever actually kept a firearm out of the hands of any criminal, crazy, or druggie that truly wanted one?' Your answer was "Yes, I think background checks would do something." Obviously they 'do something' ..... they infringe on a responsible, law-abiding citizen's exercise of his 2nd amendment right. But in all logical sense, these BG checks will not and cannot keep guns out of the hands of those who truly wanted one.' In the best vein, they can stop the bad guys from getting their hands on that particular gun during that particular sale where that particular BG check is involved.

But, if they truly want one, you and I both know they will get one. Maybe from an unscrupulous seller, maybe steal one, maybe even from the next try to purchase and beating the BG check by one or more means, etc, etc. Remember that was the promise of the politicians who forced this boondoggle down the throats of the vast majority of gun owners. IE: that it would "keep guns out of the hands of the 'bad guys'.". Those of us who are responsible and law-abiding know that to be pure, unadulterated BS.

You then went on to say "Personally I think you take all the make/model/serial number stuff out and just have name and SSN. That should be all a background check requires for a yes/no." I would at first glance agree with you on this relative to making the BG check simpler assuming I agreed with the BG check to begin with, except that it has been ruled in the courts that the SS# cannot be a forced identification method. Then this ... "Me, I also think it should be enough if a person presents a permit to purchase or carry." benstt, if we're required a 'permit to purchase' then it's no longer a right, but a permitted privilege, IE: someone is permitting us to purchase. Since the 2nd states 'The right of the people to keep and bear ....' so NO, I can't agree with that. And as the law is here where I am, even with a valid CCW permit, (which should be equivalent to your referrence to a purchase permit since all the BG check has already been done) I still must submit to a BG check. And actually the reasoning is sound ..... that I could have been squeaky clean when I applied for my CCW permit, but gotten into some really bad trouble with the law since that time ..... however even that does not validate the required BG check.

One last thing I would offer is this. When you say "2A can be limited. SCOTUS has so held for decades." is an over simplification of what the courts have said and an over reach of gov't that infringes on the amendment. True, there can be limits on how and where a gun can be 'kept' and/or 'borne' (keep and bear), maybe even on the type of guns that are legal to keep and bear, but anything that hinders a law-abiding American citizen from exercising that basic right of 'keeping' and 'bearing' is an infringement. Society in general all agreed way back in about 1934 with the law banning routine, citizenry owned SMG's (acknowledging the exceptions for stringent BG checks and tax stamps) back in the gangster days, and most even agree with limiting criminals, crazies, and druggies from possessing guns of any type. But shouldn't that be the answer? It's the gangsters, criminals, crazies, and druggies who have forfeited their right to 'keep' and 'bear'. It's already in violation of law for those kinds to be associated with guns in any way. That's what people are referring to when they talk about 'enforcing current laws'. But instead of enforcing those laws and severely punishing those in that category, it's the responsible, law-abiding that are infringed upon. The BG check does not and cannot prevent them from getting a gun in their hands no matter how stringent it is. It only punishes the responsible, law-abiding American citizen.

Now nothing I've offered here is intended as argument or even necessarily as a disagreement. It is to simply reinforce my earlier assertion that many folk's answers to these and similar questions in many, many debates and discussions with both anti-gun folks and non-gun folks (there is a demonstrable difference) demonstrates their sincere desire to find a better way, but at the same time shows the lack of an in depth understanding of what they're truly willing to fully support.

I would welcome your insight to my reply and my assertions.

Edit: to correct punctuation
I would very much like to get into the weeds on this but as I said above this could easily become a contentious topic. I got into it many times with another poster a month or so back and I got the sense the debating/arguing took away from the overall vibe of the forum so I'm going to bow out on this one.
 
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