Quantum Windbag
Gold Member
- May 9, 2010
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"How strict would gun laws have to be to prevent massacres?"
Strict enough to prevent a criminal from buying guns in the safety, comfort and sanction of a gun show without having a background check run on him. There IS a loophole in the gun show law that allows a big gun dealer to pose as little uncle Joe selling a gun or two, and circumvent doing a background check.
FACT: Gun sellers who claim to be occasional sellers are not required by current federal law to conduct background checks on their customers. Furthermore, there is no clear definition of how many guns a person can sell as an occasional seller it could be dozens, or even hundreds.
The Firearm Owners' Protection Act (FOPA) states: 18 U.S.C. § 921(a)(21)(D), (22). Those not engaged in the business of dealing guns are exempt from the licensure requirement.
So, closing the gun show loophole would not punish any law abiding gun owner.
And, as citizens, we can't stop a criminal from buying an illegal firearm from the trunk of another criminal in some dark alley.
But, that's where the criminal should be forced to buy a gun. In a totally illegal setting, with all the inherent dangers that come with it. BUT, our current laws sanction criminals being able to walk into a gun show, receive expert advice, discounts, then buy whatever weapon(s) they desire without a background check or having to pay black market prices or risk the dangers of buying a weapon from another criminal in a dark alley.
Here is some info on the loophole...
What is the gun show loophole?
Federal law allows people who sell guns to avoid running background checks or keeping records by calling themselves occasional sellers, and these sellers often congregate at gun shows. The loophole provides criminals with easy access to firearms without having to worry about any background checks.
- Current law requires licensed gun dealers to conduct background checks, because that is the only way to determine whether a person is eligible to buy a gun. Licensed dealers must also keep records about the buyer so ATF can trace the gun if it is recovered at a crime scene.
- The law does not, however, require so-called occasional sellers to do these checks and theres no clear definition of what qualifies as an occasional seller.[ii]
...........*ATF concluded that gun shows and flea markets are a major venue for illegal trafficking.[iii]
- Many sellers at gun shows abuse that loophole by calling themselves occasional sellers. Because they concentrate at gun shows, it is easy for felons and other prohibited possessors to find someone who will sell to them without a background check.
- Gun shows linked to the Pentagon Shooting: In March 2010, John Bedell who was prohibited by law from possessing guns shot two Pentagon police officers with a gun purchased from a private seller at a Las Vegas gun show.
- Gun shows were tied to a broad range of violations, including straw purchases and the sale of kits to convert legal guns into illegal machine guns.
Solution: Require occasional sellers to run instant background checks.
Quick question, would any of this have stopped Dorner?
Didn't think so.