survey on background checks for firearms

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JamesH
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Post by JamesH »

rayjay wrote:It's against the law for criminals to own guns. Laws are pretty useless against people that don't respect them.
Its not against the law to sell a gun to a criminal, or someone who you don't need to know if they are or aren't a criminal.
There are no checks or balances in place to prevent it happening.

That, frankly, is stupid.

Closing that loophole would restrict no-one's freedom.
dronning
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Post by dronning »

JamesH wrote:
rayjay wrote:It's against the law for criminals to own guns. Laws are pretty useless against people that don't respect them.
Its not against the law to sell a gun to a criminal, or someone who you don't need to know if they are or aren't a criminal.
There are no checks or balances in place to prevent it happening.

That, frankly, is stupid.

Closing that loophole would restrict no-one's freedom.
Yes it is against the law to sell a gun to a known felon. It's stupid to think it isn't.

Felons buy from legitimate dealers all the time and go through the NICS check by committing another crime - it's called identity theft. You see first they steal someone's identity (or create one) then they purchase a gun through legitimate dealer the NICS is done and guess what the felon gets his/her gun. They don't get caught on the identity theft because they don't use the identity to pay for it (they pay cash) so the identity theft goes undetected.

Criminals will always find a way.

So what loophole did you close??
Certified Safety Instructor: Rifle & Pistol
They that give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.
~ Ben Franklin
ChipEck
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Post by ChipEck »

dronning wrote:
JamesH wrote:
rayjay wrote:It's against the law for criminals to own guns. Laws are pretty useless against people that don't respect them.
Its not against the law to sell a gun to a criminal, or someone who you don't need to know if they are or aren't a criminal.
There are no checks or balances in place to prevent it happening.

That, frankly, is stupid.

Closing that loophole would restrict no-one's freedom.
Yes it is against the law to sell a gun to a known felon. It's stupid to think it isn't.

Felons buy from legitimate dealers all the time and go through the NICS check by committing another crime - it's called identity theft. You see first they steal someone's identity (or create one) then they purchase a gun through legitimate dealer the NICS is done and guess what the felon gets his/her gun. They don't get caught on the identity theft because they don't use the identity to pay for it (they pay cash) so the identity theft goes undetected.

Criminals will always find a way.

So what loophole did you close??
GREAT answer!!!

Chip
JamesH
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Post by JamesH »

dronning wrote:Yes it is against the law to sell a gun to a known felon. It's stupid to think it isn't.
Its not a requirement that you ask if they're a felon, its not a requirement that you check to see if they're a felon, its not a requirement that you keep a record of their name, address etc in case the gun you sold them turns up in a crime scene.

That, frankly, is retarded.

Why make it so easy for felons to get hold of guns?
What freedom are you upholding? The freedom of felons to get hold of guns?
So what loophole did you close??
The one where felons don't have to hide their identity when buying a gun?
rayjay
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Post by rayjay »

Laws can always be circumvented. It's the complete lack of credible punishment that encourages criminal behavior. This is one area where the Koran makes a little sense. Start nipping off fingers and then hands and bring back public hangings and the crime rate would plummet. Then there would be no need to punish the many for the transgressions of the few.

The most ridiculous phrase in the modern lexicon is "career criminal".
Eric U
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Post by Eric U »

James,

The freedom to keep our guns is what we're talking about. You gave yours back in 1996 or so.

We've always been a little rebellious over here and value our independence highly. The reason we have the constitutionally guaranteed right to keep our arms resulted directly from having to kick the British out in 1776. You guys never did fully kick them out so I guess it's just a matter of perspective.

We'll just have to agree to disagree. I'll never convince you and you certainly will never convince me.

Eric U
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renzo
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Post by renzo »

RandomShotz wrote:I don't believe my logic is flawed - so far, I have been laying out the question and some facts (as I see them) and watching what happens. Gun control of any kind is a topic that is rarely discussed without emotion, even among people of intelligence, good will and good intent such as the contributors to this forum. This makes me hesitant to go further, but I will risk it just once.

I accept that background checks as currently used are ineffective at reducing the flow of guns into the hands of criminals. One reason for this is that they are easily circumvented by purchasing guns through unregulated private sales. Guns also come into the hands of criminals through theft, dishonest practices of (I am sure a very small number of) FFL holders and some are sold to eligible buyers who subsequently become criminals. None of those routes will be closed off by background checks. It is not possible to cut off all the streams feeding the river, but that is no reason not to do what can be done.

I see the problem this way: background checks will not work without an effective national registry and laws making gun owners responsible for securing their guns and only legally transferring them. (I feel as if I have just dropped a toad in the punch bowl.) I believe some states and municipalities have such registries and laws but they are necessarily ineffective because there is no way to restrict commerce across state or municipal borders. The key to the problem is that there is a significant, and to an extent justified, mistrust of the federal government. IMHO, the essence of the solution is to find a way to make such a registry so that it does not bar gun ownership by citizens legally permitted to own guns and will not be used to do so. The Supreme Court has made clear that the right of individual ownership is Constitutionally guaranteed. I regard that as sufficient to check the dreaded "gun grab" that many gun owners fear will be the result of such a registry but obviously many others do not.

So we are left with the problem of fear and mistrust. Once it is acknowledged that these emotions dominates the discussion and motivate the opposition, the problem becomes is it possible to structure the laws so that those fears cannot be realized. I have no answer for that.

Roger
I answer your question from a country where we have universal registration of all kind of firearms, with mandatory background checks to be allowed to have one, so in certain wicked way I'm living in what could be your future scenario..........

To be able to ASK for a permission to HAVE a firearm (not to bear it, here it's almost impossible to obtain that permit legally) we have to comply with a demonstration of lawful employment, physical and psicological aptitude via registered professional certificates, ability in the use of firearms (examined by a licensed instructor), inexistence of any kind criminal record (no matter its antiquity or level of gravity) an d our names are published in a web page so anybody can oppose to the petition besd on grounds of perceived peligrosity, alleged domestic violence et al. All of this, each five years or we lose the right to hold our guns.

The result is that the government has inmediate discretional power to give, withold or deny any permission on purely conjectural grounds, and has had NO effect on the ability of the criminal element to get all the guns they want.

So watch out what you wish for, because (as the old saying goes) your request may be fulfilled. And then, it will be too late to cry.

Regards from Argentina

Renzo
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RandomShotz
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Post by RandomShotz »

Renzo -

Your unfortunate situation is precisely what must be prevented by the structure of any proposed regulations.

Gun ownership is a political right, in contrast with, say, self-defense which is a human right. Political rights are granted by the government and may be restricted - for example, the right to vote is a political right which is not given to people under 18 or those convicted of a felony. Any regulation of firearms ownership must be targeted towards ensuring that the legal restrictions on ownership are adhered to. Equally importantly, any regulation of firearms in this country must guarantee that the regulatory process will not be so onerous as to effectively compromise the right to own firearms otherwise granted by the law. I don't believe that this is comparable to creating a round square building - i.e., it is not a de facto impossibility. But if it was easy, we would not have been arguing about it for so long.

Roger
Erud
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Post by Erud »

Renzo,
Thank you for your sobering post. I have to admit that I have been very surprised by some of the responses in this thread. I have not personally met any American gun owners who share the opinions of Mr. RandomShotz. I have heard they are out there, mostly from sources like Piers Morgan, but I have not personally encountered any prior to this. I kind of get it coming from the shooters outside of the US - as Eric U stated earlier, their rights are already gone. Depending on the age of the posters, they may not be old enough to remember things being any different. They may believe that whatever protection their government provides for them is better than what they could provide for themselves.

Perhaps my lack of exposure to this attitude stems from the nature of my shooting pursuits. I have been very active in competitive shooting since 2007. I am primarily a Highpower shooter who shoots some smallbore and air rifle to keep sharp for HP competition. Highpower is definitely more of an "American" shooting sport, whereas Smallbore is more "international". In HP, the most common rifle is the AR15 and it's variants - which RandomShotz referred to earlier as "modern military style weapon with high cap magazines". I know a lot of HP and Prone shooters, a fair # of SB shooters and a lot of other people who own firearms for hunting, self defense or whatever. My smallbore exposure has been pretty limited, and has all been local to my home area. I have shot for the last 5 years at Camp Perry for the HP championships and have been squadded with some Aussies and Brits in that time. The Aussies have to keep their AR rifles with friends in the US as they are strictly forbidden in Australia. I always ask about how the gun laws really are in those countries and to a man, every one I've asked has said something to the effect of: "don't let what happened to us happen to you."

A few questions for the Brits and Aussies in the crowd: Have your countries' gun laws stopped crime? Have they even stopped gun crime? Have violent crime rates changed dramatically since their enactment? If not, what have they accomplished? do you find it preferable to be mugged and then stabbed rather than being mugged and then shot?

I would submit that the only way to ever end the possibility of criminals having guns would be to get rid of all guns entirely. This is obviously not possible, but that doesn't mean that some won't try for it. History has taught us(if we've been paying attention, anyway) that we never get any more free, only less. With very few exceptions, every time we concede some small amount of our rights to government, we do not get them back. Our once-great nation becomes less great by the day.
rayjay
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Post by rayjay »

renzo wrote: and has had NO effect on the ability of the criminal element to get all the guns they want.

Regards from Argentina

Renzo
This is the only universal truth about gun control.
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RandomShotz
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Post by RandomShotz »

Erud -

Two points - first, you may not have heard opinions like mine from other gun owners because the discussion is so fraught that people are afraid to bring the subject up in front of someone who might disagree. Several range personnel at Bud's, who are mostly ex police or military, have opinions similar to mine to some degree.

Second -
Erud wrote: History has taught us(if we've been paying attention, anyway) that we never get any more free, only less.
Actually, history teaches precisely the opposite. For most of human history, anyone anywhere could be captured in a war or by a raiding party and sold into slavery. For centuries, feudal Europe was a patchwork of territories where the laws of a local noble were enforced at his pleasure, embedded in a matrix of dangerous lawless regions. In some places, serfs or peasants, while not strictly speaking slaves, were tied to the land and had no freedom of movement. In classical Greece and Rome, while most religions were tolerated, non-belief could be dicey and certain practices deemed threatening to the order of the State, such as some Bacchic cults and early Christianity, were harshly repressed. By the fourth century, Catholic Christianity was harshly repressive of other Christian sects as well as Jews and "believers in the old gods". The very concepts of personal freedom and basic human rights are rooted in the Renaissance and were largely developed during the Enlightenment. Considering that there were more 10,000 years of human culture before that, I'd say we are moving in the right direction.

Even in the brief history of this country, from the very beginning chattel slavery was legal. Men had to own land to have the vote into the 1820's and the first presidential election in which women voted was a century later in 1920. In my lifetime, we have ended legal racial segregation (although de facto segregation still persists) and we have just begun to extend the full panoply of political rights to individuals without regard to sexual orientation.

I have given such attention to a throw-away line because I believe that such throw-away lines inhibit genuine discussion. We as a country decide what our politics will be and we will decide what freedoms we will have and where we will compromise and where we won't. And we have the freedom to decide whether we have made a bad decision and then make a better one.

Roger
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pilkguns
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Post by pilkguns »

I find it interesting that our Tecumseh Student was a hit and run poster.

but along the subject lines, (which I am still tentatively allowing) I saw this on a former Romanian National Champion shooters Facebook page apropos to this discussion
Image
Erud
Posts: 146
Joined: Fri Feb 04, 2011 11:50 pm

Post by Erud »

RandomShotz wrote:Erud -

Two points - first, you may not have heard opinions like mine from other gun owners because the discussion is so fraught that people are afraid to bring the subject up in front of someone who might disagree. Several range personnel at Bud's, who are mostly ex police or military, have opinions similar to mine to some degree.

Second -
Erud wrote: History has taught us(if we've been paying attention, anyway) that we never get any more free, only less.
Actually, history teaches precisely the opposite. For most of human history, anyone anywhere could be captured in a war or by a raiding party and sold into slavery. For centuries, feudal Europe was a patchwork of territories where the laws of a local noble were enforced at his pleasure, embedded in a matrix of dangerous lawless regions. In some places, serfs or peasants, while not strictly speaking slaves, were tied to the land and had no freedom of movement. In classical Greece and Rome, while most religions were tolerated, non-belief could be dicey and certain practices deemed threatening to the order of the State, such as some Bacchic cults and early Christianity, were harshly repressed. By the fourth century, Catholic Christianity was harshly repressive of other Christian sects as well as Jews and "believers in the old gods". The very concepts of personal freedom and basic human rights are rooted in the Renaissance and were largely developed during the Enlightenment. Considering that there were more 10,000 years of human culture before that, I'd say we are moving in the right direction.

Even in the brief history of this country, from the very beginning chattel slavery was legal. Men had to own land to have the vote into the 1820's and the first presidential election in which women voted was a century later in 1920. In my lifetime, we have ended legal racial segregation (although de facto segregation still persists) and we have just begun to extend the full panoply of political rights to individuals without regard to sexual orientation.

I have given such attention to a throw-away line because I believe that such throw-away lines inhibit genuine discussion. We as a country decide what our politics will be and we will decide what freedoms we will have and where we will compromise and where we won't. And we have the freedom to decide whether we have made a bad decision and then make a better one.

Roger
Roger,
To your first point, I do believe your opinion to be very unusual among American gun owners. I am not naive enough to believe that you are the only one out there, but as I stated earlier, I have not met a single competitive shooter who shares it. As this is America, you are of course entitled to that opinion, regardless of how wrong it may be.

To your 2nd point; my statement quoted above was indeed overly-broad. In my haste to get out the door this morning, I did not take as much time as I should have to make my point on that topic. My reference was more specifically to the USA and the slow encroachment of all levels of government into our personal lives, and the resulting erosion of our liberties.

At any rate, I digress. Earlier in the thread, you asked that we stay on the original topic, so I will kindly ask the same from you. Do you have any comments on any of my points from that post regarding gun control?
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Sa-tevo
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Post by Sa-tevo »

While looking around the internets about Ragnar Skanåker I found he had some opinions on poorly thought out gun control.

http://www.skanaker.se/

English translation of the SVF link:

http://translate.google.com/translate?s ... aker.se%2F

Below are my chronicles of the union's newspaper Gun Owner.

No. 6-2012, Should the elderly be forced to quit?
No 5-2012, Purposefulness case
No 4-2012, Masters secrets
No. 3-2012, If I can dream ...
No. 2-2012, Flashback ...
No. 1-2012, Belts weapons laws!?

No. 5-2011, We are all "active"
No. 4-2011, to howl with the wolves
No. 3-2011, If you want to eradicate the shooting?
No. 2-2011, Who examines?
No. 1-2011, Law as a beacon

No. 5-2010, Starting Over ...
No. 4-2010, Taking speak out
No. 3-2010, They thought they had heard everything ...
No. 2-2010, Pistol Shooting at the highest level
No. 1-2010, Småpåvar and large

No. 6-2009, Social Quality
No. 5-2009, The Importance of Communication
No. 4-2009, Views on weapons
No. 3-2009, to make laws
No. 2-2009, Fuzzy enactments
No. 1-2009, Contemporary and SOK

No. 6-2008, the need for vision
No. 5-2008, Authorities and reality
No. 4-2008, Purposefulness is a must
No. 3-2008, The importance of collaboration
No 2-2008, Overzealous authorities
No. 1-2008, Service-esteem?

No. 6-2007, The same for all
No. 5-2007, a solace for the soul
No. 4-2007, International honor
No. 3-2007, Shooting Range & firing point
No. 2-2007, target - a democracy
No. 1-2007, We are steadily increasing

No. 6-2006, Kiss of Death for the shooting?
No 5-2006, A ödesval
No. 4-2006, Internal and external threats
No. 3-2006, Select active!
No. 2-2006, Are we really wise?
No. 1-2006, National Police Dictatorship?

No. 5-2005, Eternal punishment for lack of judgment?
No. 4-2005, Elect shooting party
No. 3-2005, Criticism calls for action!
No. 2-2005, Who works for SSF?
No 1-2005, gun shooting prohibits

No. 5-2004, Uncover Weapons lobby!
No. 4-2004, Answer Key of Athens: Resignation!
No. 3-2004, Unloading the pistol shooting

Maybe he is in a different orbit than us, who knows, but it is good to see other discussions from around the world. Maybe it isn't flat.
JamesH
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Location: Australia

Post by JamesH »

Eric U wrote:James,

The freedom to keep our guns is what we're talking about. You gave yours back in 1996 or so.

We've always been a little rebellious over here and value our independence highly. The reason we have the constitutionally guaranteed right to keep our arms resulted directly from having to kick the British out in 1776. You guys never did fully kick them out so I guess it's just a matter of perspective.

We'll just have to agree to disagree. I'll never convince you and you certainly will never convince me.

Eric U
I just don't see how taking a few simple steps to reduce the ease with which criminals can get hold of guns, but which won't impact non-criminals in the slightest, has any connection with Hitler or the end of the world.
Criminals getting hold of guns are driving the crime statistics and making gun restrictions more likely.
Spencer
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Post by Spencer »

Godwin's Law

Enough
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