Originally Posted by That Dude Tim
I do believe in the background checks but also have a few other ideas.
1. A psych test because most of the people involved in these "mass" shootings obviously were off the wire.
Most of the people involved in mass shootings acquired their guns illegally, thus, they still would not have gone through a background or psych test.
2. This would be hard to do but change how gun shows work. Set them in predetermined locations and only at capable locations. So flea market gun shows ill-leagal.
Do you understand exactly what the "gun show loophole" is?
Most people don't, because the media doesn't and doesn't report it accurately.
Situation A - I am a gun dealer. Every gun I sell, new or used, requires a Federal form 4473 and background check. State laws may be more restrictive. This applies whether I sell a gun to you at my store or at a gun show.
Situation B - I am a private individual, not a gun dealer. I want to sell my gun to you. FEDERALLY, I can sell that gun to you without a background check or any paperwork, provided that I reasonably believe that you are not prohibited from owning a firearm.
I can sell you that gun at my house, the Walmart parking lot, or a gun show.
State laws may be more restrictive. In California, if the gun is not a C&R long gun, we have to do the transfer at a gun shop and you will have to pass a background check.
Situation C - I am a private individual, not a gun dealer. I want to sell part of my gun collection. I do not have a buyer.
I go to a gun show. I can either buy my own table, or I can buy space on a table that someone else has purchased to allow private parties to have a table. Federally, this is no different than selling my collection in the Walmart parking lot or at the gun range... there are just more potential buyers.
The "Gun show loophole" is the fact that, Federally, private sales are not regulated in most states. It has nothing to do with gun shows specifically.
There are actually politicians who believe that the "gun show loophole" exists in California. It does not, and under Federal law, a Californian can not buy a gun at a show in another state (unless he has a Federal license and the gun is over 50 years old).
3. To go with the psych test and background check comprise a "passport" of sorts that yearly needs re-evaluated. The when you go to a re-organized gun show the seller can then sell to you if you have the proper credentials.
The problem with this is it is tantamount to a firearms permit.
The 2A is there to allow us to defend ourselves from a tyrannical government. Put the government in charge of giving us permission to buy a gun and guess what... NOBODY will pass the test.
It does happen.
The NFA was enacted to control civilian possession of specific weapons including machine guns, silencers, short-barreled weapons, certain large calibers (classified as destructive devices), grenade launchers, bazookas, etc....
The NFA has provisions for many of these weapons to be privately owned, provided that certain conditions are met, and the person pays a $200 tax (and that tax has not changed since 1923).
California also has the same provisions. Legally, I can buy a machine gun or short barreled rifle. All I need is an NFA tax stamp, and a California DOJ "Dangerous Weapons Permit"
There are presently ZERO Dangerous Weapons Permits issued to private individuals. Without that, the BATFE will not issue the NFA tax stamp.