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Reply #59: From the website referenced by Bloomberg in the OP... [View All]

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rrneck Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-04-10 11:49 AM
Response to Original message
59. From the website referenced by Bloomberg in the OP...
Edited on Mon Oct-04-10 11:53 AM by rrneck
http://www.tracetheguns.org/#/laws/1/

Trace the Guns has a spiffy website with a clickable map that pinpoints states with various gun laws or their lack. Here are the laws that the site advocates:

Allows Criminal Penalties for Buying a Gun for Someone who Can't
http://en.wikipedia.org/wiki/Straw_purchase
Firearms and alcohol purchase

In the context of United States federal gun laws, a straw purchase is defined as any purchase from a dealer holding a Federal Firearms License where the buyer conducting the transaction is acting as a proxy for another person. The law does not distinguish between someone who is purchasing on behalf of a person who legally cannot purchase or possess a firearm, and one who is not. In the United States, straw purchases are a felony violation of the Gun Control Act of 1968 for both the straw purchaser (who can also be charged with lying on Federal Form 4473) and the ultimate possessor. One of the questions on form 4473 is “I am the buyer of this firearm” and the purchaser must answer honestly yes or no, by checking the appropriate box in ink. However, purchase of a firearm as a bona fide gift for someone who can legally own such a firearm is permitted.<1>


Allows Criminal Penalties for Buying a Gun with False Information

Transferees certification on form 4473 federal firearms transfer application. Note the lack of any "best of my knowledge" escape clause.
http://www.thundertek.net/documents/4473.pdf
I certify that the above answers are true and correct. I understand that answering “yes” to question 12a when I am not the actual buyer of the firearm is a crime punishable as a felony. I understand that a person who answers “yes” to any of the questions 12b through 12k is prohibited from purchasing or receiving a firearm. I understand that a person who answers “yes” to question 12l is prohibited from purchasing or receiving a firearm, unless the person also answers “yes” to question 13. I also understand that making any false oral or written statement, or exhibiting any false or misrepresented identification with respect to this transaction, is a crime punishable as a felony. I further understand that the repetitive purchase of firearms for the purpose of resale for livelihood and profit without a Federal firearms license is a violation of law.


Allows Criminal Penalties for Selling a Gun without a Proper Background Check
http://en.wikipedia.org/wiki/Form_4473
If a person purchases a firearm from a private individual who is not a licensed dealer, the purchaser is not required in most states to complete a Form 4473, though some states force individual sellers to sell through dealers.

Open NICS to private citizens. Why do we need a redundant state law? Why should some corporation profit from regulatory activity? Another example of the privatization of government to benefit of corporate profits.

Requires Background Checks for all Handgun Sales at Gun Shows
Open NICS to private citizens. Why do we need a redundant state law? Why should some corporation profit from regulatory activity? Another example of the privatization of government to fatten corporate profits at the expense of the taxpayer.


Requires Purchase Permit for All Handgun Sales
Permit issued by who and why? See form 4473 above.

Grants Law Enforcement Discretion in Issuing Concealed Carry Permits
Grants law enforcement prejudice without remedy.

Prohibits Violent Misdemeanor Criminals from Possessing Guns
Not a bad idea. Change the requirements on form 4473

Requires Reporting Lost or Stolen Guns to Law Enforcement
Why? If the crime gun was found or stolen the trace will end at the last legal owner who will say they lost it or it was stolen. If they find the person who used the crime gun and the last legal owner reports that it was stolen, add a charge of theft or possession of stolen property.

Allows Inspections of Gun Dealers
http://en.wikipedia.org/wiki/Form_4473
The dealer also records all information from the Form 4473 into their "bound-book". A dealer must keep this log the entire time they are in business and is required to surrender the log to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) upon retirement from the firearms business. The ATF is allowed to inspect, as well as request a copy of the Form 4473 from the dealer during the course of a criminal investigation. In addition, the sale of two or more handguns to a person in a five day period must be reported to ATF on Form 3310.4.


They appear to be advocating a mixed bag of redundant or unnecessary laws at the state and local level. Why would they do that? Ideological reasons might be a firearms ban by excessive regulation. Economic reasons might be Bloomberg has a financial relationship with corporations like Bass Pro Shops or Cabala's who would profit from requirements that taxpayers pay them for access to NICS. Maybe it's just political grandstanding by leveraging a wedge issue. He doesn't have much credibility in my book since he contributed more money to Republicans than Democrats, including George W. Bush and John McCain.

This petty, shortsighted ideological bullshit needs to stop. If we spent half as much time using government to make this a better country for the people who live in it as we spent using government to slap people around because of our own prejudices we might survive as a post empire nation. The pity is that this business of a constant witch hunt for cat turds in our ideological sandbox costs Democrats elections because it is such a transparent effort. How are we supposed to build a coalition of real working people when we view them with such disdain? The notion that a billionaire technocrat deserves any credibility on this issue or any other is absurd. He is using a wedge issue for personal profit, and people like the OP trot right along after him like lemmings.

"divideandconquer" indeed.

Edited for lack of coffee.
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