NRA criticizes Delaware legislation aimed at closing gun show loophole for firearms purchases

[jpak]

http://www.greenfieldreporter.com/view/story/7d81ea2fe8f04f0d87f8eb41bd9dfb40/DE-XGR--Guns/

A bill proposed by Gov. Jack Markell to require criminal background checks for firearm purchasers buying from private sellers at gun shows is a solution in search of a problem, critics said at legislative hearing Wednesday.

The bill is intended to close what supporters say is a loophole that allows nonlicensed private vendors at gun shows to sell firearms without performing the background checks on purchasers that are required of federally licensed firearms dealers. The legislation would require a firearm seller at a gun show to have a licensed dealer perform a background check on the purchaser before selling or transferring any firearm.

For first offenses, gun show vendors and licensed dealers who violate the law would be guilty of a misdemeanor. Subsequent offenses would be felonies, as would the presentation of false statements or identification by a potential purchaser trying to buy a gun.

The Senate Judiciary Committee heard testimony on the bill Wednesday but did not vote on whether to release it for consideration by the full Senate. Sen. Patricia Blevins, chair of the panel, said that with a split among the four members of the six-person committee who were present, there was no way to reach the four votes needed for the bill to clear the committee.

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The NRA wants to put guns in the lands of felons

I know of two cases in my area where felons bought multiple guns at gun shows - and got busted for poaching with them.

yup

[lawodevolution]

1. Yes, go after .7 % of crime guns. And criminals will still ignore the law

[baldguy]

3. It's not the criminals that are a problem at gun shows.

It's the "law abiding" "private sellers" that are neither that are the problem.

[gejohnston]

7. What are you talking about?

[baldguy]

8. You're kidding, right?

You must be. Because if you're not, you've proven that you have no understanding about what the issue is the gun shows, and have no business commenting on any story about them.

[eqfan592]

12. What evidence do you have....

...that gun show sales are a significant source of firearms that end up in the hands of criminals? Mind you, the only ones that really count are people that could not otherwise legally purchase firearms getting them from gun shows. People with clean records buying them would pass any background checks anyway and thus don't count.

This truly is a solution looking for a problem. More wasted effort that could be spent on combating the real issues behind crime.

[gejohnston]

14. Are you saying that there are those who meet ATFs definition of dealer but do not have an FFL?

There may be. If you know or think they are, why have you not turned them in?

[Hoyt]

2. Doesn't seem like it should be an issue. Let licensed gun dealer do the check for a reasonable fee.

Of course, those who intend to profit off their guns want to be able to sell them for top dollar to anyone and wash their hands of it even if the buyer is a terrorist or criminal. "Oh, I had no idea. He had the cash and I took it and didn't ask questions." Screw that mentality.

[ProgressiveProfessor]

11. More fatuous claims

No legitimate gun owner wants to sell to a criminal or facilitate the criminal use of firearms. Ascribing such intent is deliberate misrepresentation. Then again, you knew that.

[Hoyt]

17. If that is true, then there should be no problem going through a dealer for background checks.

But, instead we have to listen to the whining of the NRA and folks who want to unload their "collection" to any willing buyer with cash.

[aikoaiko]

19. A reasonable compromise would be to open NICS to the public

That way it wouldn't be required to pay a FFL to do it.

Many gun owners and especially pro-gun people on this board have been suggesting this a reasonable approach to private sales.

[rl6214]

4. "The NRA wants to put guns in the lands of felons"

Prove it. You can't but since you posted it, prove it.

[jpak]

5. That is the result of their stupid policy on the gun show loophole

and don't tell me it doesn't cuz I know it does

yup

[eqfan592]

13. This is do nothing legislation...

..that is distracting from the real causes of crime, pure and simple. And don't tell me it isn't cuz I know it is. Gun shows have NEVER been a significant source of firearms for criminals, according to both the FBI and the BJS. All legislation like this is doing is making it more difficult to combat the real issues behind crime by expending political capital on something that will produce nil in the way of crime prevention.

[burrfoot]

6. How many times can we

point out that the problem here is NOT about gunshows??

The issue- which I concede is legitimate, although I don't personally believe will prevent much crime- is about private sales of firearms.

Many posters here have suggested schemes to open NICS to private sellers for a nominal fee, and that would actually make sense....but only going after this issue at gun shows does absolutely nothing to change the way guns are sold in every other private sale.



:shrug:

[krispos42]

9. I'm glad to see that somebody has finally found the gun show loophole

It's right there, next to the dyslexic unicorns, canned stegosaurus meat (Stam­­®), and Cheney's conscience.

[ileus]

10. I can't believe anyone is buys into "gunshow" loophole lie.

[Straw Man]

15. Something doesn't add up here.

For first offenses, gun show vendors and licensed dealers who violate the law would be guilty of a misdemeanor.

Licensed dealers? It's already a federal offense for them to sell without a NICS check. Why not just prosecute them on the federal charge?

Subsequent offenses would be felonies, as would the presentation of false statements or identification by a potential purchaser trying to buy a gun.

Again, this is already a federal offense when buying a gun, and there are doubtless state laws against fake ID, "false personation," etc. Will making it triple-illegal be more of a deterrent than making it double-illegal was?

Looks pretty much like a pointless exercise to me. If you really want to eliminate sketchy private sales, open NICS to private sellers regardless of where the sale takes place. The "gun show loophole" is a misnomer and a red herring.

[Euromutt]

16. How does your conclusion follow from the content of the article?

The NRA spokesman says that the bill is "a solution looking for a problem" and from that you conclude that "the NRA wants to put guns in the hands of felons"? There appear to be a few cars missing in your train of thought there.

And while I don't see this proposed measure as being particularly harmful, I do have to wonder what good it will do. The evidence from the DoJ's Bureau of Justice Statistics and from the ATF indicates that, while a certain amount of firearms are indeed "diverted" into the black market via gun shows, very few are purchased directly by the "end users." Rather, traffickers use straw purchasers to acquire the firearms, as they do when buying from FFLs' established stores. Moreover, a sizable percentage (probably a majority) of firearms diverted via gun shows are purchased from FFLs (FFLs make up 50-75% of firearm vendors at gun shows, and have more guns to sell), who are already required to run NICS checks. And of course, the whole point of using a straw purchaser is that the straw purchaser can pass a NICS check. Therefore, requiring a NICS check private party sales isn't actually going to stop straw purchases, by definition.

[jpak]

18. Because felons use the loophole to buy guns at gun shows

yup

[Euromutt]

21. Go back and read my previous post

In particular the bit about how evidence from the BJS and the ATF indicates that the felons themselves don't buy their guns at gun shows. Traffickers use straw purchasers--who can pass NICS checks--to buy the guns, and even at gun shows, the majority of guns are purchased from FFLs who already have to conduct NICS checks.

Honestly, were you born this stupid or did you have to take lessons? You make Dubya look like Oscar Wilde and Richard Feynman rolled into one.

[aikoaiko]

20. Jpak wants the Federal government to track all sales to facilitate confiscation

See how easy it is to make silly conclusions that don't necessarily follow from stated positions.

[RSillsbee]

22. What silly conclusion?

Jpak wants the Federal government to track all sales to facilitate confiscation

There's no doubt in my mind that this statement is entirely factual