Private pistol sales- FFL yes or no.

The paperwork for the NICS check includes the buyer ID info and the make/model/serial number of the gun being purchased. The feds might not be using that info to compile a database (they're not always great about getting certain kinds of info into the NICS, which should be a higher priority), but it seems like they could do so. I'm not sure anyone can claim an "expectation of privacy" for any information that's submitted to the gov't as part of a bit of official paperwork.

 

So you're saying that the Feds can then take your info and tell anyone that you have recently bought a new gun? You said that we can't have an "expectation of privacy" for any gun purchase. Explain yourself.

 

The make/model/serial number is not used for any part of the NICS check.

 

https://www.justice.gov/osg/brief/atf-v-city-chicago-brief-merits fwiw. Chicago tried to get the data, ATF refused. Went to supremes, remanded, and decided in favor of ATF.

https://caselaw.findlaw.com/us-7th-circuit/1362600.html

 

Maybe its the CA paperwork, then. I know it's been on the papers for every purchase I've made here. Since the stores just say the approval comes from "DoJ", I was assuming that was the federal one, but I guess it could be the State.

 

Paperwork has it, but it doesn't go to the ATF, just your vitals.

 

I was assuming it all went to the Feds, but I guess it's the State of California that requires it. They also require a thumbprint both on the initial purchase and when you pick up after the 10-day wait (long guns and handguns).

 

California has its own set of issues and problems. The federal form you fill out stays at the dealer and the federal background check is based only off name/social with no specific firearm connected.

 

There isn't a separate Federal form used in CA, only the one that has all of the ID information along with the info about the guns being purchased. I'm guessing the CA DoJ runs the NICS check while the state level check is in process, but it's invisible to the buyer since the state requires the 10-day wait for anything more potent than a pellet gun or airsoft; there's no point to having the "instant" background check done up front since the result of it wouldn't change anything on day 1 (and could maybe cost the state their fee for the state background check).

My only other purchase was in Washington, and was a PPT from my father, so there was no check or FFL required. I've never gone through the process in any other state.

 

Any wait (3 day, 5 day, 10 day) or fee that you have to pay to purchase a weapon is UnConstitutional. Why? Because this equates to a poll tax. What is a poll tax?

A poll tax is generally considered a fee paid for the right to vote. And while the poll tax is most often associated with suppressing the African American vote during the 1960s, those in power required voters to pay poll taxes long before that time. For example, colonists paid poll taxes just before the American Revolution - part of that whole taxation without representation bit that kept Americans unhappy.

Instead, if a state/feds charge a fee to conduct a NICS check, it's a tax on exercising your RIGHT to own/use firearms. Does anyone pay to exercise their RIGHT to freedom of religion? Anyone pay a tax to exercise their RIGHT to free speech?

History is our friend.

 

This I also live in FL and follow the exact same guidelines. I would say read up on your gun laws in the state and remember to CYA .