Reply #35: Because it is an unwarranted infringment on my freedom to choose [View All]

[ac2007]

It raises the costs of private sales. Dealers are free to refuse to do person-to-person transfers. Many do now. Others charge high fees for the service ($50 or more).

And frankly, where does it stop? What happens when a person-to-person sale cleared through NICS results in another NIU? What will be called for then? Waiting periods? What if the Government changes the rules for NICS? For example, if NICS is down for 3 days, legally the dealer is permitted to release the firearm to the transferee without liability without an approved response. If that was repealed, an extended downtime or defunding of NICS operations can be used to effect a total prohibition on gun purchases.

When NICS was taken down for 3 days in PA, there was outrage. No gun sales could be processed. What if it had been a 5 day outage? 2 weeks? A month? Legally, dealers could have released the guns after 3 days but what if threats of prosecution or liability from the State prevents them from doing so? Is that not an infringement on our rights? Is that not a chilling effect on our freedoms?

Remember, the existence of NICS is a compromise by gun rights supporters. It was developed to replace the 3 day mandatory waiting period/extended background check imposed by the Brady law for handguns only. In exchange for the instant check, gun rights supporters agreed to allow all guns to fall under the system. In hindsight, I believe that was a bad decision. Since then, NICS and gun laws have been expanded to cover more classes of prohibited persons and there doesn't seem to be a stop to the creeping infringement on our freedoms.

There is no compelling reason to require a NICS check for private sales. The "if it saves one life" logic is a red herring. If we applied that logic broadly, we'd have no knives, swimming pools, cars, alcohol, etc. Restrictions on these things take lives too and we don't call for more restrictions and regulation on them to "save just one life".

Finally, the demands for more restriction, regulation and compromise will never stop. The next compromise, the next give on our part become the next jumping off point for the next series of restrictions, controls, etc when the next tragedy occurs. And once we lose this freedoms a piece at a time, we never, ever get them back.