How did gun shows avoid the list? Any thoughts on UBCs??

[discntnt_irny_srcsm]

(In most states) All private sales, whether at a gun show or your back porch, do not require an NICS background check. This is because private parties are by law denied access to the FBI's NICS database. Numerous changes have been proposed to change this. At the top of the list is the idea of universal background checks (UBCs). Universal background checks would require all parties, FFLs and uncle Mitch, who discovered a single shot .22 rifle in his attic, and everyone in between, to assure that anyone to whom they sell a firearm has passed a background check. This is probably not such a bad idea.

One aspect of the current law is that convicted felons can't own firearm. (Unless their crime was related to securities and exchange violations.) So, as I understand it, someone like Martha Stewart can legally buy a gun because, rather than stealing money from one person, she stole from everyone who owned Imclone stock. But I suppose the obstruction conviction might disqualify Martha from getting a Ruger 10-.22. My odd thought is that maybe she can't buy a Ruger rifle but she's probably allowed to buy a bunch of Ruger stock.

Back to the thread title, "What list you ask?": http://www.cracked.com/article_18753_the-6-most-creative-abuses-loopholes.html

Have a great day everyone. Any thoughts on UBCs??

[Blanket Statements]

1. UBCs will stop felons from purchasing guns

Just like revoking drivers licenses stops people from driving and drug laws keep people from doing meth

[rrneck]

2. Straw purchasing is a felony and it still happens all the time. nt

[Blanket Statements]

4. Yep

[discntnt_irny_srcsm]

5. My town has laws...

...against speeding and no one ever speeds.

[Duckhunter935]

3. Most sales at gunshows

are FFL dealers and must perform background check as per existing federal law. Private sales in the lot are the same as private sales in someones living room.

[discntnt_irny_srcsm]

7. That's the law, currently.

Any thoughts on UBCs?

[beevul]

6. Heres how they avoided the list.

"All private sales, whether at a gun show or your back porch, do not require an NICS background check. This is because private parties are by law denied access to the FBI's NICS database."

No.

Private sales of legal privately owned property from one citizen of a state, to another citizen of the same state, is known as intrastate commerce.

Sales of common privately owned property from one citizen of a state, to another citizen of the same state, was never intended to be regulated by the federal government.

So gun shows "avoiding the list", were never intended to be put "on the list" in the first place.

The "gun show loophole" is just a propaganda term.

I am strongly against the federal government presuming to regulate intra-state commerce under the interstate commerce clause, whether its guns or anything else, that might be targeted.

If its done at the state level, no such issue exists to my knowledge.

I have mixed feelings about them at the state level, but might be willing to support them.

[discntnt_irny_srcsm]

8. I agree that state level is...

...where such laws should be.

[Eleanors38]

9. In principal I support UBSs. How to implement such a scheme

which would pass muster with the Commerce Clause, avoid gun registration & gun owner registration are the sticking points. State action would make the CC moot, but would completely reveal the impotence of groups supporting gun control. In a real sense, any such proposal would have to generate from 2A supporters as the "controllers" have lost most credibility. There are some 2A groups supporting UBCs, but there is little incentive to work for this change, given the power of 2A groups over all.

As I've said before, the control-ban approach has shown itself to be ineffective and, given lack of fundamental policy goals, incoherent.