General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThis seems like an absurdly easy way to achieve universal background checks on gun purchases
Make a Federal Firearms Operator's License. Go to the ATF office, give them a passport photo and $50 (or whatever). They verify your identity, run the background checks, maybe administer a safety/handling test, whatever else. In a few weeks (bureaucracy being what it is) you get a Federal Firearms Operator's License Card in the mail.
Now when the gun store owner or the private seller want to sell you something, they just have to call a number or go to a website and check that your license hasn't been revoked, and you're clear. Also, the range can demand to see it before they let you shoot, and if the police find a weapon in your home they can ask for that license from you (not that it's necessarily required, to have one in your home, but it would be presumptive evidence that you legally acquired it).
Registration scares some gun owners; I don't agree with that fear but I understand that it is there. This isn't registration. The government still has no idea how many guns you own, just that you have been found competent to own them if you choose to.
DainBramaged
(39,191 posts)takes seconds to see it it's revoked. If they can do it with millions of lottery numbers, they can do it with gun licences.
Recursion
(56,582 posts)And gun shows could set up kiosks with those scanners. And some guy selling his old shotgun at a yard sale, who didn't have the scanner, could just make an automated call or go to a website, enter in the FFOL ID off the card, and be told "yes" or "no".
DainBramaged
(39,191 posts)AND he can CHARGE a coupe of bucks for the check too, covers the cost of the equipment.
nick of time
(651 posts)that are used on smartphones for transaction, they could swipe the barcode on the license and walla, sale or no sale.
Kalidurga
(14,177 posts)So, as an idea it is most likely doomed.
nick of time
(651 posts)I think that's kinda like the IL. FOID card is set up.
Nice post.
JohnnyBoots
(2,969 posts)I really like that idea and think it could work. I suggest you try and get it out into the real world and see if it gains any traction. The only issue that I could see with this is the ATF being a dick and not issuing as they should or putting a cap on the number of permits issued per year or something.
nick of time
(651 posts)ATF would have to follow the law as written and passed and signed into law by President Obama.
All in all, it's a brilliant idea, that's why the NRA would oppose it.
Recursion
(56,582 posts)But I think there are ways to deal with that. The law can specify that it must be issued if the applicant meets whatever the criteria are. And there can be HIPPA-like safeguards on the information in the database itself.
Swede Atlanta
(3,596 posts)That is the way it should be treated....each gun has a title/license which, in order to transfer ownership you must follow the same steps as for a car. Similarly there should be an annual registration for all firearms.
Recursion
(56,582 posts)I'm personally all for complete titling and registration of all firearms, but there's some very serious pushback from a lot of gun owners on that.
But even if cars weren't registered, drivers licenses would be helpful; I think the same thing applies here.
nick of time
(651 posts)a drivers license for a firearm.
I really like this idea, you should forward you idea to your congresscritter.
Recursion
(56,582 posts)... will have more pull here.
Duckhunter935
(16,974 posts)without representation, got to love it.
nick of time
(651 posts)I'd like to use your idea and send it to my congresscritters. Of course, I'll reference your user name as the originator.
Recursion
(56,582 posts)Feel free to suggest this; that goes for anybody.
nick of time
(651 posts)I'll send your proposal to every one of my congresscritters.
Duckhunter935
(16,974 posts)As a start I would make it voluntary (less push back). If you have the license it would expedite the background requirement. I would go further and have type license. IE revolver, semi-auto pistol, shotgun, bolt action, semi_auto rifle. All other sales would have to be completed via FFL dealer or a new type license just to cover individual sales.
Recursion
(56,582 posts)All current options stay in place, but the ATF is offering this as an expedited way for everybody to know that all the relevant ducks are in a row.
nick of time
(651 posts)people can come up with when the extremists on both sides stay out of it?
Recursion
(56,582 posts)That's the biggest problem with K street: the various groups perversely need the exact problems they are chartered to combat.
nick of time
(651 posts)And somehow this problem has to be dealt with also. You seem to come up with good ideas, maybe you have some ideas on this problem.
hack89
(39,171 posts)I seriously doubt they can do such a thing - I would like to see what Constitutional power you think could be invoked.
Recursion
(56,582 posts)I'm not envisioning this as being a requirement for owning or buying a gun, just as a very simple way to prove that you are currently eligible to do both of those things. If a gun dealer wishes to continue with the current system, he's free to.
hack89
(39,171 posts)the Feds used their power under the commerce clause to regulate interstate commerce. Nearly every Federal gun control legislation revolves around the commerce clause - that is why the AWB is really a ban on manufacturing and sales. It is why the NFA is really a taxation scheme.
My question is about the Constitutional underpinnings of your plan. Where does the Constitution give the power for the Federal government to require a private citizen to obtain a license to exercise a civil liberty?
Recursion
(56,582 posts)that cocaine being sold is illegal because it doesn't have a tax stamp.
Where does the Constitution give the power for the Federal government to require a private citizen to obtain a license to exercise a civil liberty?
Nowhere, which is why this doesn't do that. It will still be legal to buy and own firearms without this license, but with this license both the dealer and any LEOs you run into will be able to presume that you are in fact eligible to possess that weapon. This is just a nationalization of the same logic by which many states say if you have a CCW, we don't need to run the standard full background check.
hack89
(39,171 posts)there are very few federal prosecutions.
The federal government convinced the states to implement state drug laws based on federal laws.
If your scheme is purely voluntary and there is no penalty for not complying then it could be legal. I certainly would have no interest in though - I don't see any advantage to me.
kudzu22
(1,273 posts)But it's not universal. There would be no mechanism for catching sellers that did not follow the rules. Licensees would have to be required to keep a book of all weapons bought and sold, and would have to allow ATF to raid your house to check your book with no prior announcement, just like they do for FFL dealers.
I think you're part way there, just needs to be thought all the way through.
Recursion
(56,582 posts)No, and that's no worse a situation than there is now. This would let the guy selling his shotgun at a yard sale at least do *some form* of background check, while currently he can do none.
Licensees would have to be required to keep a book of all weapons bought and sold, and would have to allow ATF to raid your house to check your book with no prior announcement, just like they do for FFL dealers.
I don't see why. This isn't a registration of firearms, and doesn't try to be. This is simply a licensing that verifies that the person satisfies the Federal requirements for purchasing a firearm.
kudzu22
(1,273 posts)It's like the FOID system in Illinois. But even with a FOID we still have to have a background check every time we buy from an FFL. I think if we had a national FOID card like you propose, combined with opening the NICS system to private sellers, that would make a big difference in terms of stopping sales that shouldn't go through.
Recursion
(56,582 posts)This does presume we find a way to pressure the states to keep the databases up to date. And obviously it doesn't stop the fence in the back alley from selling a stolen pistol to a drug dealer, but literally nothing stops that. This is a way to standardize and extend to as much of private sales as possible our national check system.
CreekDog
(46,192 posts)Recursion
(56,582 posts)... and haven't been confiscated.
That said, it does. This is a way to make the results of background checks more widely available, without requiring the registration of any guns.
ecstatic
(32,733 posts)license, or passport. "Would you like to pay an additional $50 to get an FFOL card?" Or do you think that would encourage more people to buy guns? I think it is good to do it that way because circumstances can change so quickly (example: a woman has a dangerous ex that the courts refuse to lock up, etc.).
hack89
(39,171 posts)Recursion
(56,582 posts)And you could still use it. States would now have a rubric for regulating private sales if they choose to (many would say "private sales are only legal to a licensee", others would not).
It could be set up like several states already have in place. If you have a Carry conceal license and show it then you don't need to do the background (NICS) check. This could also be used for voter ID. Both constitutional rights.
OK, I am being sarcastic, but that is the approach many pro gun people with take.
elleng
(131,129 posts)after all, they're well-funded and well-organized, their chairperson is well-known and respected, nothing to it.
Excuse the , please, but ATF is and has been an orphan agency for a long time. For example, http://www.startribune.com/politics/national/189471461.html?refer=y
http://online.wsj.com/article/SB10001424052970203476804576613422872263708.html
http://articles.latimes.com/2011/aug/30/nation/la-na-atf-guns-20110831
http://articles.latimes.com/2012/jul/19/nation/la-na-atf-whistleblowers-20120719
http://abcnews.go.com/Politics/bureau-alcohol-tobacco-firearms-explosives-director-faces-pressure/story?id=13886971
Recursion
(56,582 posts)We need about 10 times the manpower and 20 times the money at the ATF than we currently have.
elleng
(131,129 posts)NOT an agency whose role has been undermined by NRA's manipulation.
How Republicans and the NRA Kneecapped the ATF
http://www.motherjones.com/politics/2013/01/atf-obama-gun-reform-control-alcohol-tobacco-firearms
Good that you've been shouting that.
the BATFE need a director like yesterday, much better funding and more agents.
elleng
(131,129 posts)I'll read this later.
Duckhunter935
(16,974 posts)but some fail to hear that part from us
galileoreloaded
(2,571 posts)Just wondering.
Recursion
(56,582 posts)And, the answer is probably no.
galileoreloaded
(2,571 posts)and it would do nothing.
Results.
Complete ban and confiscation get results.
TheKentuckian
(25,029 posts)Even the countries with the most stringent gun control have the occasional outburst and even if it was possible to replicate the laws you'd have hundreds of millions of firearms in the country and the same culture and it isn't possible.
If that is your measurement then you will know nothing but failure and before long you will find yourself in a fringe from a majority in no time flat. Support for some measures does not even roughly approximate the required position to make that dream come true and even that wouldn't actually cross the bar set in reality. Substantial reduction in the number but 100% stop forever??? Probably not.
Of course even magic level gun control may well have not stopped Lanza from slaughtering as many (or even more) kids. Even without a single gun but with the same intent and commitment the children may have still ended up dead. Some methods may have meant more dead and more injuries while others may have had more survivors but more injuries. There is no way to know for certain.
What we can do is continue to make strides against violence. The greatest impacts would come from ending the drug war, decreasing poverty, increasing opportunity, cease making mental health care stigmatized and start making it readily available without shame or blacklisting, and changing the women as property mentality.
You fix the broad strokes and hope anomalies are either reduced holistically or become the primary driver of violence which would mean a very widely peaceable and safe society.
galileoreloaded
(2,571 posts)ARE the anomalies.
We are smarter than this.