Puller
Member
Background checks = guilty until proven innocent by a faceless government bureaucrat.
I'm a hard NO.
I'm a hard NO.
DO NOT buy into the rhetoric. Support the NRA and protect your rights.
If I sell or transfer a firearm to a neighbor there is no interstate commerce taking place. I think it could be argued that those transfers are beyond the scope, under the Commerce Clause, of the federal government and only an individual state issue.
One would think....however I have seen some insane stretches of the commerce clause if it affects in any way interstate commerce. So be careful since one can make a argument that just about everything in some way affects interstate commerce.Yeah, that's where most people get tripped up. What they fail to understand is that the firearm itself has traveled in interstate commerce . . .
One would think....however I have seen some insane stretches of the commerce clause if it affects in any way interstate commerce. So be careful since one can make a argument that just about everything in some way affects interstate commerce.
And speaking for myself, I have neither the time, inclination nor the money to afford to be a test case.
........ You can't have UBC's without a registry to track the guns being bought and sold. The very concept of a "universal" background check is nullified if two citizens engage in a transaction with an unregistered and untraceable firearm.......
The simple fact that criminals will be unaffected by such a law will then be used as an argument for further restrictions on gun ownership.
"Universal background checks" would require massive Gov't spending, virtually kill gun shows and make friend/family transfers difficult. Laws like this punish law abiding citizens and have no effect on criminals/crazies. Those with bad intent buy their guns on the black market or steal them. We probably have close to a billion firearms in this country. Do you really think it's wise to label countless owners criminals by statute?
The inevitable federal registration makes it easier to chip away at entire classes of firearms, one at at a time. If you think your muzzle loaders will always be safe, you're living in a dreamworld.
Flat out NO.
Universal Background checks have been required in NY for many years now. Family member transfers are exempt. The gun shows are going ahead just fine without a blip. Every show has an FFL table with a big yellow sign in the air. If you meet a guy in the parking lot and want to trade guns, the FFL will do the nics. Most dealers are good guys and don't abuse the system with high nics prices. I have been a gun owner for 60 years. The UBC law has not affected me in any way. I would never sell to anyone unknown to me anyway, so the new law for me is a PTA kinda thing. I'm not saying I agree with the law, I'm just presenting the facts Ma'am.
As I've said above, I'm opposed to UBC. But those of you going off the rails talking about national gun registration are making an unwarranted assumption.
The UBC discussion is usually about expanding the Brady check already in place to be done by FFL's to all gun transactions, including between private parties FTF.
So the big question is...how does one enforce compliance? As I said above there are already hundreds of millions of firearms in circulation...what is preventing anyone from selling a firearm to their friend, neighbor or even a total stranger? How would anybody even know about it?
Universal background checks lead to registration. And registration ultimately leads to confiscation. I would say that it is much better to be wrong in my "unwarranted assumptions" than to be correct in my "paranoia proneness."
Ματθιας;141068029 said:Isn't registration, at the federal level, illegal. Wasn't it in one of the laws like Firearm Owners Protection Act or something?
The New York State Sullivan Act requiring pistol permits was enacted in 1911. All us law-abiding New Yorkers have been carrying ever since....LOL. There is no limit and no waiting period. However, the applicant must take a safety course.Does New York have actual gun registration ie. where you must furnish the State Police with the make model and serial number of your firearms? IIRC, that was how it worked.
EDIT: Googled my own question. Handguns have to be reg'd. after purchasing a permit. But not long guns. Under UBC I'm afraid everything would eventually have to be registered. How else are they going to track the hundreds of millions of firearms already in circulation?
The only way that you can enforce UBC is with registration.
NM enacted UBC a couple of years ago, and I am guessing that compliance is very low, especially outside of the larger cities like Albuquerque, Santa Fe, and Las Cruces. Unless you were caught up in some sort of a sting, how would anyone know that you didn't comply?
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Does New York have actual gun registration ie. where you must furnish the State Police with the make model and serial number of your firearms? IIRC, that was how it worked.
EDIT: Googled my own question. Handguns have to be reg'd. after purchasing a permit. But not long guns. Under UBC I'm afraid everything would eventually have to be registered. How else are they going to track the hundreds of millions of firearms already in circulation?
You 'apply' for a Pistol Permit in NYS. This is not a 'Shall Issue' State. You can be denied a NYS P/P simply because the issuing body in your County does not deem it necessary that you have or need a P/P.
Many down state residents are refused a NYS P/P simply on the grounds that they do not need one. That's the end of it. The Judge said so.
In some Counties, you may already have a NYSP/P and you want to purchase another handgun. You cannot just do that w/o 'adding' the handgun to your permit. Adding it to your permit in many countys may be restricted by the County Judge or other Issuing magistrate. He/She may feel you do not 'need' another .22 or .38 or what ever because you already have one on your permit. You may have 5 handguns (or what ever#) on your permit now and the Judge may feel that is the total number of pistols they feel you should be allowed to have.
Sell one before you can add another.
The NYS P/P records are held by the NYSP. The actual issuance of the permit and the control over them is done by each individual County. Local Judges have the control. Most are very accomodating and things run very smooth. Some are not.
You may have had your P/P for 40 yrs or more and it's been unrestricted. You can carry concealed, in a veh, everything.
(and I've seen this happen...) A person goes in to the County Clerks office to 'add' another pistol to the permit. Theclerk says that their permit needs to be upgraded with amore recent photo or for someother reason (tatered, worn, ect.) The clerks takes the permit itself and tells the owner the permit will be updated and the new gun added and all be mailed back to them. (with the purchase card that they need to go give to the Dealer to get their new gun)
When the updated P/P comes back all new and crisp,,it now has Restrictions stamped on it such as 'Not for Concealed Carry" or For Hunting or Target Shooting Only' things of that nature.
All because the updated P/P had to before a Judge for a signiture before going back to the holder and at that time the Judge felt that the restrictions were the way to go.
When the SAFE act was passed, ASW were banned in NYS except for L/E. and 01FFL could carry them in stock for sales to L/E only.
IF you had an ASW at the time the Act went into effect you could Register that weapon with the NYSP (90days to do so IIRC). You could then keep your otherwise banned ASW.
If you didn't register it, you had to sell it to an FFL, or sell it OOS.
It was contraband in the State after 90 days.
If you did register it. you could of course keep it. BUT only you could have it. You could never transfer it to another person in NYS (except sell it to an FFL). When you die it could not be willed to anyone. The State gets it.
Registration & confiscation in slo-mo.
BGC at gunshows in NY started when BGC started. 1998 IIRC.
But all sales at gunshows in NYS were required to go thru an FFL Dealer as far back as 1991 or 92 (under Gov Patacki (R).
There was no Brady check then, but all sales at G/Shows would get a 4473 done. Even sale that was talked about betw 2 people at a show but never completed. Then at any time after the show and at any location the sale was made,,that transfer was supposed to go through and FFL as well.
Hardly anyone bothered with the FTF transfer/FFL thing. In fact many didn't even realize it was the NYS law.
Then when Spitzer became AG of NYS (99), he started having his agents trolling gunshows and snagging & arresting non FFL paperwork Face to Face sales. That turned things around quickly.
Nics checks where new (on line in 98) but not every one was complying.
That quickly changed, Signage quickly went up stating a 4473/NICS was needed on all sales and obey all the laws, ect.
People have kind of gotten used to it now, But attendance at the shows pre covid was deffinetly down from before UBGchecks became law.
Checking in your own personal firearm at the door, tagging it with persl info (name, address, DL, gun info) bothers a lot of people.
That info is there plain to see for anybody walking around.When you leave a lot of the shows, they again check the gun and the tag and sometimes you and your DL to see if they match and then keep the tag with your info on it.
Feel good about handing over that info to Bubba the Security guy,,?
It has changed a lot of things. I guess you would have had to see the shows and shops when these laws weren't so restrictive to compare it to what they are now.
As far as an impact on crime,,I don't see any effect on lowering it. No body gets arrested and held for doing much of anything any more. It's always someone elses fault.
A good friend had one of his pistols stolen from his locked home.
He made a Police report for the Burglary, crim misc and larceny. The gun was legally registered.
He gets a letter from the County Court to surrender his NYS P/P, and ALL his firearms (long guns included) to the Sheriffs Dept. and await a Court hearing on P/P revocation.
Improper storage of a firearm.
It took a lawyer, court time and no small amt of money to get the Judge to 'allow' the 30yr Navy vet to retain his P/P and recover his firearms. But not without a finger wagging about gun safety, blah, blah.
On every NYS P/P it says: 'Revocable at any time for any Reason'
The person that gets a deny on a NICS just walks away from the attempted buy and what?,,,,trys it again?
What?,,There's already a law against it!!
Well then,,make it Double Secret Illegal..
If I was suddenly placed in charge of locating/confiscating firearms in this country I'd simply use forums such as this one and ID owners and locations by IP address and/mobile data IMEI.