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What are some of the strangest gun control proposals you can come up with?Banning guns based on how they look versus how they function.Banning guns based on a projectile being 1/1000th inch bigger than others equally capable.Banning guns based on the diameter or markings on their barrel that have no bearing on its ability to function.Making existing gun owners wait 8 days to take possession of a gun as a “cooling off” period.Banning possession of sheet metal or plastic boxes with springs because these, after all, are some of the most dangerous objects on the planet.Banning and not banning aforementioned boxes based on the number of rounds they hold but allowing the exact same box to be sold legally if it possesses the correct markings on the bottom.Having a one-gun-a-month law to prevent gun trafficking or straw purchases but allow anyone a lifetime waiver of that restriction by simply sending a form to the state saying they are a collector. Any reason for collecting is permissible (“In the event of a zombie apocalypse” is an acceptable reason).Where you live determines your ability to own a gun in the same state.Telling victims of home invasion they are to be arrested and treated as criminals because of the property someone else took from them.Being so concerned about privacy rights that you demand any would-be gun owner waive their HIPAA rights for life to make sure they aren’t “dangerous”.Declaring 18 through 20 year olds children and barring them from exercising their right to own a gun. But that’s the only right they are too immature or unable to exercise as a legal adult at those ages.Compiling lists of guns and gun owners in the utterly illogical belief that a couple pieces of paper solves crimes.Banning the publication of computer code or plans for firearms that are freely available in printed form without restriction. Hating two parts of the Bill of Rights is pretty impressive stuff.Demand that we have noise dampening devices on vehicles and hearing protection on around machinery that can damage hearing in an instant as a public safety measure but regulate the same for firearms to the point it takes 9–10 months and Federal and State permission to own. And not all states will allow you to protect your hearing.Requiring a person to be fingerprinted, photographed and provide a background check and at least two days of training at their own expense and submit the application within 3 days for a license to allow them to apply to purchase a handgun. It is not a “permit-to-possess” but merely a permission slip to fill out a form.Declaring that items meant to safely hold a firearm in order to use it are too dangerous to have fitted to a gun.Buttons are verboten.Changing the color or finish on a gun makes it illegal to sell as “unsafe”.Declaring any semi-automatic rifle an “assault rifle” regardless of age, caliber or feed type.Declaring a Marlin or equivalent tube-fed .22LR semi-auto rifle an “assault weapon”.Allowing anyone via hearsay to claim someone is suspicious or may have violent tendencies and have their guns taken away from them without Due Process.I can go on. And on and on. All strange and ones I could have never come up with on my own.Note for the Irony Challenged: Every single item on this list is an actual law or regulation in force today somewhere in the United States.
Why does the NRA reject a ban on semi automatic guns to people who are under 21? Why do they reject mandatory firearms training for anyone who wants to purchase a gun?Let me tell you about a law that passed in Maryland in 2013…Post-Sandy Hook, the one party rule state of Maryland decided to push a raft of gun control laws. None of which had anything to do with or could have prevented Newtown but since facts and logic aren’t the strong suit of gun control and control is the name of the day, they rammed these laws through.One of these laws was a fundamental change in handgun ownership. Due to Baltimore being one of the top 5 cities in the USA for violent crime, they pushed for a “Handgun Qualification License” (HQL) as a means of stopping gun violence in the city. They literally sold this law as a gun violence prevention measure.The HQL is a permit-to-purchase for any new handgun from October 1, 2013 onward. You need to have one to buy a handgun in Maryland. So what does getting an HQL entail? Here’s the list:Taking a mandatory, state approved HQL training course by a state approved instructor at your expense. This course is a minimum of four hours and includes a live fire component which limits its location to places where ranges exist or the course is split over several days. Average cost is around $150 not including your travel time.Getting yourself fingerprinted at your expense by a state-approved fingerprint provider with electronic submission capability. Once taken, you have only a few days to submit your application. The cost of the fingerprinting is $50-$80.Submit an HQL application online only via the Maryland State Police Licensing Division website and pay the application fee via debit card or credit card only. No mail in forms, no in-person application, no cash or checks. If you don’t have Internet access you are out of luck. First time fee is $50.Wait for the Licensing Division to process the application. There is no mandated time limit to process the applications and average time is several weeks to a month or more based on informal surveys of applicants.After processing you will receive an HQL card in the mail. This card is the property of the Maryland State Police (it is very clear on this point) and it is your state-issued permission slip to begin the process of purchasing a handgun. The HQL is good for ten years.So, on average based on anecdotal accounts of hundreds of people who have gone through this process and tracked on the Maryland Shooters forum this process costs $200-$300, take around two months to meet the prerequisites to apply unless you’re really lucky and another 2–4 weeks to receive your government permission slip.Now to the fun part… the HQL did not change the prior purchase process in place! Even though a full background check is performed to issue the HQL, you still need to then fill out a purchase request application with the State Police at $10 per transfer, buy the gun, fill out all of the paperwork and still be subject to the 8 day waiting period. The HQL, despite being a license, is merely a license to let you start the process. They did not rescind or modify the process at all and added the HQL as an additional burden to acquire a handgun.It has all of the things that gun control states they want. Deep background check, a photo ID license to get a gun, fingerprinting and mandatory training. It was sold as a crime reduction measure to reduce gun violence in Baltimore and other places.How many HQLs do you think have been acquired by criminals in the 4 1/2 years since its creation? If you answered “Zero”, you’d be correct.So we reject these proposals because I can point to actual, real-world laws that do all of this, was sold on a lie and has done nothing to reduce crime. All it did was impose a signNow burden on the law-abiding in the exercise of their rights. So signNow there are several cases proceeding challenging the HQL requirements. Especially the “online only” element and training requirements that serve as a serious and disproportionate impact on lower income families and would-be owners.How Long Did Your HQL Approval Take?Handgun Qualification License
Why does it seem that conservatives want to make it easier to own a gun than to vote?With rights come responsibilities. I am certain any liberal will agree with that statement.Oh wait, it depends on the issue!For one day, one day, I would love to apply my local gun laws to an issue like voting. Just to demonstrate the hypocrisy and falsity of statements like “conversatives want to make it easier to own a gun than vote”.To purchase a firearm such as a rifle or shotgun, I am required to produce ID showing my current address, prove residency in my state, pay a transfer fee and fill out a two page form with over a dozen questions attesting to my ability to own a firearm legally. And they don’t even believe my attestations because they then call the FBI to make sure I was telling the truth!Then anywhere from 2 minutes to 3 days later, I can take my gun home. But if I lie on that form, even unintentionally, I’ve just signed a confession to a felony for which I can be prosecuted.And that is the bare minimum required to own a gun anywhere in the United States!You seriously want to discuss gun ownership against voting in terms of requirements?!? Not a place I recommend you go to where to many people, the bare civic responsibility of taking a few hours out of a day once every 5 or 10 years to get a free state ID to show who you are is an unconscionable burden in order to vote!Somehow the scale isn’t tipping in the “easy” direction you think it is. You have a long, long, long way to go get gun ownership anywhere near the so-called burdens we impose on citizens to exercise their right to vote.How about we try my scheme for a day? How about we have a V-4473 “Application to Vote” form that you need to fill out at the polling place for local and State elections and we verify your voter eligibility with the FBI before you cast your ballot? And if you’re casting more than 5 ballots for various races, we need even more paperwork to report a “Multiple Voting Submission” to the Board of Elections just to make sure these multiple votes are known and tracked.And if you want to vote in Federal elections, you need to take a voter responsibility course, get fingerprinted and get a voter license that takes a month to issue and at your expense before you can vote. And you must fill out your ballot, submit it and then wait seven days before you can actually have it counted by returning to the polling place and signing it.Outrageous for Federal elections, isn’t it? Guess what? I just described to you the restrictions I live under to purchase a handgun in my state (Maryland HQL process).It may “seem easier” to you that people want to change gun laws but don’t think for a moment that voting rights and gun rights are operating anywhere near each other in terms of equality of application. I’ll never see gun rights back at their pre-1934 levels where it was mail order, cash-and-carry and unfettered right to own and carry any firearm. That is what we would have to get back to to even get close to voting and gun rights being treated equally.
How can I buy a gun in the UK?I was asked this question almost every day in the shop. It's actually quite easy to buy a gun legally in the UK but the process by which you obtain your certificates is very long winded.Let's start at the beginning. Why do you want a gun and what type of gun do you need? To obtain a firearms certificate you need a good reason to hold each and every gun you apply for. Self defense is not an applicable reason and those two words will result in an immediate rejection of your application, without fail. In fact, if idiots came into the shop demanding the right to buy guns, we gave them the forms, helped them fill it out and told them to put self defence so they would be rejected.Maybe you want to join a target shooting club, you might have some land to shoot rabbits or other small game. Those are great reasons for justifying your application. You may need to show proof of both if asked, and your certificate will only be granted if you can.Now you need to ascertain what the correct caliber you need for the type of shooting you will be doing. Ask at your target range what they are certified for. Most small bore ranges are certified for .22lr, some are full bore usually meaning anything up to 303. However, regardless of the range certification, your club will have rules on the maximum caliber they shoot. Ask a club official if in doubt. Also ask club members how much ammunition they have been allowed to buy and possess. These are two very distinct things in firearms law and each police force makes up its own rules as allowed by the law. Buying is exactly that, the maximum amount you can buy at any one time. Possessing is how much ammo you can hold in total. These numbers can be the same or very different. And they can also change according to different calibres. For a .22lr target shooter it would not be unusual to purchase 1000 rounds at any one time and it would also be acceptable to possess 5000 rounds. For a hunter shooting deer with a .243, buying 1000 rounds would be deemed excessive and usually denied. A more acceptable number might be 100 to buy and 250 to possess. Again, this is all down to your particular force and the judgment of your FEO.If you are hunting small game and/or vermin, pick up a copy of the Home Office publication “Firearms Law: Guidance to the Police” which contains a list of acceptable calibres for each type of quarry.Next, you need a gun safe, built to British Standards, which will adequately hold the type and number of guns you request on your certificate. This must be securely bolted to a masonry wall inside your house (not an outbuilding) and only you can have access to the keys and/or combination. This must be installed before your interview (more on that a bit later). You will also require a separate ammo safe, again fixed securely to a masonry wall and fit for purpose. The same rules regarding access to keys and/or combinations apply.Now you’ve done the preparation, you can actually get on with the application. Download, print and fill in this form: https://www.kent.police.uk/getme...This is the Kent Police form, however it is a standard form used by all police forces. You must fill in every section. Return this form to your local police firearms licensing office with 4 passport photographs, countersigned by an authorized person who has known you personally for a minimum of 2 years (details of who can be considered an authorised person can be found on the form) and a cheque or postal order for the sum of £88. If you live relatively close to your local police firearms office, we recommend going in person to hand in your application and pay cash so you get a receipt. Applications do get lost but if you pay cash and get a receipt, they never do!Now sit back, make a pot of tea and wait.And wait.And wait a bit more for luck.It is not unusual for an application to take months to process. We have had applications in our force area take 3 weeks and others taken 8 months. It is entirely down to the size of your police force area, the number of people applying and the predominant type of ground your area covers. More certificates are granted in rural areas than in cities or large towns, and you are more likely to be granted a larger caliber in the countryside as the licencing officers are more used to it and are often shooters themselves.Before your application is officially accepted, you will be interviewed by the person who will become your Firearms Enquiry Officer. Your FEO will chat with you about why you want a gun, the reasons you listed on your application and if the calibres you requested are suitable. The FEO will be extremely experienced with all aspects of their job so listen to them. Trust me, FEO's and gun dealers know more about gun laws and licencing than you ever will, so if we make suggestions about what type of gun you should go for for any particular purpose or whether something is suitable or not, we know what we're talking about. You will not “get one over” your FEO so don't even try.During the interview, your FEO will inspect your cabinet and make sure it is fit for purpose and correctly attached to a masonry wall. If it’s not, application denied until it is.Once your interview is concluded, the FEO will usually let you know if you have been successful and you can expect your certificate in the post in a few days. With that certificate you can walk into any gun shop and buy the type, action and calibre you have listed on it, and walk out with that weapon 5 minutes later.Some more notes:You must specify a type of weapon, ie rifle, long barrel pistol, pistol(black-powder) etc, an action ie bolt action, semi auto and a calibre. This will all be listed on your certificate. You can now walk into any gun shop and buy any weapon matching that description.Unlike the USA, the words silencer and moderator are interchangeable. If you want one, or require one for hunting, put it on your application. Once its on your certificate, walk into a gunshop and buy one, simple as that. A decent one will cost anything from £35 upwards. Gun dealers in the UK won't give a damn if you ask for a silencer or a moderator. Try doing that in the US or a forum frequented by yanks and you'll get snorts of derision “they’re not silencers, they're sound moderators, damn stupid Brits…”. We don't care. Make sure you list a moderator for each gun you want to fit one to on your application.If you want more than one of each gun, put it in your application. You might want a dedicated target rifle and another of the same calibre for hunting. Both perfectly acceptable reasons, providing you do both activities. You might want multiple calibres for hunting different game, put them in your application. It’s not unusual for people to put 5 or 6 rifles on their first application. If I think back, I believe I put 8 on mine and they were all granted. Your FEO will chat about each and every gun you want and whether you actually need it or not.If you get your certificate and you find you need an extra gun or two, you need to apply for a variation. This allows you to make changes to your certificate to add or remove weapons and ammo as appropriate. There is a fee for each variation application of £20, but you may put as much or as little as you need on each variation request.If you want to sell a gun you hold, you must inform your licensing office in writing (email is often acceptable). When you do, ask for a “one for one”. This will grant you the ability to purchase another of the same type and caliber as the one you sold. Some police forces do this for free, some require a variation.Some police forces do not require you to state what action you require. Find out if yours does before making your application. If they don't, don't specify one on your application. Your certificate will come back with just the type and calibre and this gives you a much wider choice when it comes to making a purchase.You can buy a gun from a registered gun dealer, or from anyone with a firearms certificate as long as you have an empty slot for that particular type and calibre on your own certificate. For each and every gun and silencer you buy you need to inform the police you have done so.It all sounds very long winded, but it boils down to:Get a cabinetFill in a formpay a feeHave an interviewReceive certificateBuy a gunNow for some stuff the yanks really won't like!Your FEO has the power and authority to check your guns at any time they please. This is to ensure you don't have anything not listed on your certificate, nor that you have more ammo than allowed. Most will make an appointment with you to make sure you are in but you are not allowed to deny their request.Any police officer can confiscate your guns if you are in public or shooting on private land, in order to ascertain your right to have them. Many people at rifle clubs incorrectly tell you only armed officers or FEO's can do this, but in reality, anyone with a police warrant card can do it.Many people will tell you that you have to keep your certificate with you when out shooting. This is not the case. The law only says you need to possess a certificate, not that you need to keep it with you. I recommend making a photocopy of it to carry with you and keep the actual certificate safe at home. This prevents it being lost or damaged, or god forbid stolen. I've had police request mine a few times when out shooting and a photocopy has always been fine. A quick check over the radio to ascertain if it's genuine and I'm on my way.Applying for a shotgun certificate is a bit different, but the same process applies. The main differences are with a firearm certificate you can only buy one of each weapon listed, on a shotgun certificate you can buy as many as you can safely store. You don't list ammo on a shotgun certificate so you can buy as much or as little as you want. The law does not require you to keep shotgun ammo in a safe, however, your local police force might, so check first. If you want to buy 50 cartridges, you go buy 50 cartridges. If you want to buy 5000, you buy 5000. There is no limit other than practicality when it comes to shotgun ammo.You still need to inform the police whenever you buy and sell a shotgun, but a shotgun certificate automatically covers all types and calibres, and there is usually no limit to how many you can buy, other than the amount of space in your cabinets. You want to buy 50 shotguns? Fine. You want to buy one every day of the year? Fine too. Just make sure you buy a new cabinet each time you fill one.Shotguns and firearms are very different things by law, but sometimes a shotgun can become a firearm and will need to be listed on a firearms certificate. A shotgun capable of holding more than 3 rounds is 99.9% likely to be considered a firearm and not a shotgun. Your dealer will clearly advertise whether a shotgun is a section 1 or 2, meaning a shotgun or firearm.If a shotgun is a firearm, normal firearm ammo rules apply. If a shotgun is a shotgun, normal shotgun ammo rules apply.Well I thinks that’s more than answered the initial question. If anyone has any comments, or queries, don't hesitate to leave a comment below and I'll try to answer each one.
Why did Obama tell an audience in Brazil that Americans can buy machine guns over the internet?First, the full quote is this :Some of you may be aware our gun laws in the United States don’t make much sense. Anybody can buy any weapon any time — without much if any regulation, they can buy it over the Internet, they can buy machine guns.If we’re talking technically, this is somewhat true. In the United States, one can buy machine guns as defined in the misleadingly named 1986 FOPA online.Transferable Machine Gunsmachineguncentral.com full auto NFA firearmsHowever, Obama is excluding many important factors here and misleading the audience:Exorbitantly high prices due to no new supply after May 19 1986Banned in some states, such as California, Colorado or New JerseyBecause machine guns are NFA items, that is, way more regulated than regular firearms, in order to own one as an individual, you must also :Fill out an ATF Form 4 application to transfer an NFA firearm. This application will include a $200 check for your tax, your fingerprints, a passport-style photograph, and information about you and the firearm.Wait 9-12 months for the ATF to approve and return your paperwork.Besides, you can’t get it delivered to your home, only to a nearby FFL who can handle these.In short, buying machine guns, online or not, in the US is expensive and a pain in the ass. Of course, when most of these politicians talk about machine guns, they don’t mean 1986/NFA full autos.Also, the rambling at this part reminds me of Trump. Is Obama taking a page out of his playbook?without much if any regulation, they can buy it over the Internet, they can buy machine guns.To answer the question, he said that because it appealed to the crowd there.Footnotes Tom Elliott on Twitter Machine Guns & 50 Caliber | Giffords Law Center to Prevent Gun Violence Who Can Own a Full-Auto Machine Gun? How to Purchase NFA Items
How would someone own a gun?Here in Maryland, USA, I have five ways to do so:1) Handgun Purchase from a Dealer:Spend 3–4 months, several hundred dollars, get training, fingerprinted and apply for a Handgun Qualification License (HQL). This is your permission slip to buy a handgun.Once you have an HQL, go to the gun store and identify the gun you wish to purchase.Go online and fill out a 77R application to purchase, waive your HIPAA and privacy rights, pay $10 via debit/credit card and wait 8 days for your application to be “Not Disapproved”.On or after the 8th day, go back to the shop, bringing a state-approved borelock for the caliber of gun you’re taking possession of (otherwise you need to buy one at $25 each) and take possession of your purchase.Place your handgun in a locked case, in the trunk or away from the driver. Go straight home with your new handgun. No stops along the way as that would violate “peaceable journey” laws.Wait 30 days until you can buy another handgun and repeat steps 2–5 above. If you are a designated collector the 30 day wait does not apply to you and you can acquire as many handguns you wish in a single purchase and application.2) Handgun Purchase from a Private Party:Same process as a purchase from a dealer per above with the exception you make the 77R application directly to the Maryland State Police and you, the buyer, have to wait for their “Not Disapproved” decision before the seller can transfer the gun to you. Both seller and buyer must supply information to process the transfer.No face-to-face private sales of handguns are permitted in Maryland without the 77R approval process.3) Long Gun (Rifle, Shotgun) from a Dealer:Go to the gun store and identify the rifle(s) and/or shotgun(s) you wish to purchase. Pay for your purchase.Fill out a Form 4473.Wait for the background check to clear.Place your newly purchased firearms in locked cases in your trunk or away from the driver. Take your purchases home at your convenience.4) Long Gun (Rifle, Shotgun) from a Private Party:Identify rifle(s) and/or shotgun(s) for sale from a private party. Arrange to meet.Show your state ID to demonstrate you are a resident of the state of Maryland.Pay the seller the amount as arranged.Place your newly purchased firearms in locked cases in your trunk or away from the driver. Take your purchases home at your convenience.5) Purchase Eligible C&R Firearm Interstate via an FFL03:If you hold a Federal Firearms License 03, you can purchase any Curio & Relic firearm across state lines through the mail. This applies to rifles and handguns (interstate only, C&R license not valid within the state for handguns).Identify the C&R eligible firearms you wish to purchase.Pay for your purchases.E-mail, fax or mail a signed copy of your current FFL03 license to the seller.Wait for the seller to send your firearms via common carrier to your doorstep.Upon receipt, record the information on each firearm in your bound book.There you go. That’s how someone would own a gun in my neck of the woods.
What is the legal process for converting a new pistol to an SBR?If the firearm is legally registered as a pistol then the method to convert it to an SBR is incredibly simple.Obtain a copy of a ATF Form 1 “Application to Make and Register a Firearm”.Purchase a $200 tax stamp from the ATF and affix it to the form AFTER you have filled out the form and reviewed it for accuracy.Purchase a pair of 2x2 photographs and affix to the form.Send in the completed form.ORYou complete all of this on the ATF website at Bureau of Alcohol, Tobacco, Firearms and ExplosivesQ: Do I have to engrave the firearm?A: No..and yes. If you plan to keep the weapon for yourself and have no intention of selling it then you do not need to engrave it. While it is considered re-manufactured the current serial number is all the ATF needs as long as it is in your possession. If you plan to sell the firearm later then you will need to have it engraved with the appropriate info beforehand. This is covered in the ATF FAQ section.Q: How do I get an $200 tax stamp?A: You can apply through the ATF and wait for them to send you one within 2 months or more. Alternatively you can fill out the Form 1 at the ATF website and pay the $200 during that process if you have a credit card available.Q. Which is better, online or on paper?A. Online registration is faster and often has a faster return. There are some caveats such as restrictions on the type of electronic files types that can be submitted (PDF is ok) for Trust information and so on. You will need to have your 2x2 pictures scanned into electronic format as well.
What are some of the pragmatic solutions for preventing mass shootings in the US that both liberals and conservatives find mutually agreeable?For the benefit of people who don’t have a lot of time to read, I’m going to list a short version of my proposals in bullet points after this paragraph. However, if you have the time, I strongly suggest reading this answer in its entirety because it explains the proposals in fairly granular detail. The proposals are nuanced because gun control is a complicated issue when looked at objectively.Standardize on a process which flags individuals in the FBI’s Terrorist Screening Database for a delay in the background check process when said individuals try to buy a gun. During the three day delay period, the FBI has the opportunity to investigate and take legal action against the individuals if necessary.Create a secure electronic background check system which is available to the public so individuals selling firearms to residents of the same state can know whether it is safe to proceed with a transaction.Require membership in the Civilian Marksmanship Program for the purchase of semiautomatic centerfire weapons and centerfire magazines with more than ten rounds of capacity.Create a national permitting process for carrying concealed handguns which overrides state laws.The Gun Control Act of 1968 mandated that manufacturers and commercial sellers of firearms had to obtain a Federal Firearms License (FFL). This was done under the guise of regulating interstate commerce, trade which crosses state lines. The federal government is generally not allowed to regulate intrastate commerce, trade which remains entirely within a state. In 1994, the Brady Handgun Violence Prevention Act mandated that FFL holders had to perform a background check on any firearm transferred through the FFL to a individual who does not hold an FFL. In 1998, this process was streamlined into the National Instant Criminal Background Check System (NICS).With that in mind, we’re going to look at how firearms are legally purchased currently so we can have a perspective on potential improvements to the process.When buying a gun through an FFL, buyers must fill out BAFTE form 4473. I strongly recommend readers view the form. Buyers must submit valid photo identification (usually a driver’s license) to the FFL holder to verify their identity and some of the information on their form 4473. There are three categories of firearm which can be bought through a standard FFL dealer: handguns, long guns (rifles and shotguns), and “other firearms”. Buyers must be 18 years of age to buy long guns and 21 years of age to buy handguns from an FFL. “Other firearms” are a weird category which includes receivers for firearms (which is generally the serialized portion of a firearm) or firearms which do not fit the legal definition of a handgun or long gun but are also not regulated by the National Firearms Act. If the “other firearm” can be made into a pistol, the buyer must be 21 years of age. After a buyer has completed their form 4473, the FFL holder calls NICS and relays the completed information to the FBI.Source: (NICS Process in Motion for the Gun Buyer Video Transcript)The FBI runs the information through the NICS database. If the buyer’s provided information has matches within the NICS database, this will generate a “hit”. At the moment, hits include indictments and convictions for felonies, indictments and convictions for domestic violence, indictments and convictions for other crimes which are punishable by one or more years of imprisonment, known fugitives, dishonorable discharges, adjudications which determined an individual to be mentally defective, restraining orders for children or intimate partners, renouncements of citizenship, unlawful users of controlled substances, illegal aliens, and resident aliens who do not meet very specific criteria.If no hits in the NICS database are generated, the FFL is told to “proceed” and the FFL may complete transferring the firearm at the business’s discretion. If the buyer’s provided information generates a hit, the call will be transferred to an FBI employee who will review the information and determine whether the hit matches the rest of the buyer’s provided information. If the hit is valid and the buyer is a prohibited purchaser, the FFL will be told to “deny” the transfer. If the FBI employee determines the hit is invalid, the FFL will be told to “proceed”. If the FBI employee can not immediately determine the validity of a hit, the FFL will be told to “delay” the transfer and the FBI will do more research to determine the validity of a hit. At this point, the FBI is allotted three business days to tell the FFL to “proceed” or “deny”. If those three business days pass without a final judgement, the FFL may proceed with the transfer at their discretion. The system is set up this way so the FBI can not delay a buyer they can not prove is a prohibited possessor of firearms indefinitely, essentially amounting to a denial without due process of law. Nevertheless, some FFL holders maintain a policy of not proceeding with transfers which have do not receive a definite “proceed”; that is the business’s prerogative.If at any point in this process the FFL holder or its employees believes a buyer is purchasing a firearm on behalf of another person, then the FFL will deny the transfer independent of any judgement made by the FBI. Purchasing a firearm on behalf of another person is illegal.Now what about “internet gun sales”?Websites in the business of selling firearms are legally required to acquire an FFL. Since the website which holds an FFL can not visually verify a buyer’s identity, this means the firearms they sell are legally required to be transferred to an FFL near the buyer. At the FFL which facilitates the transfer, the buyer will be required to complete a form 4473 and go through a background check as described above.On auction sites which deal with firearms, buyers and sellers who do not hold FFLs will submit the information of an FFL near each party and arrange for the firearm to be transferred. The seller’s FFL will ship the firearm to the buyer’s FFL and once again the buyer will complete a form 4473 and go through a background check.The final category would be classified websites which allow firearms to be posted for sale. These are essentially the 21st century equivalent of posting a classified advertisement in a newspaper. In these cases, a buyer contacts the seller who posted the advertisement and the two parties enter negotiations. If the buyer and seller legally reside within the same state and are able to meet face to face to conduct a transfer, the firearm in question may be legally bought under federal law without a background check being conducted provided the seller does not have reason to believe the buyer is a prohibited possessor. If any of those conditions are not met, or if state law prohibits intrastate commerce in this fashion, then FFL holders must once again be involved. These conditions apply to all private person to person sales. One noteworthy quirk, under federal law, persons between the ages of 18 and 21 are not prohibited from purchasing a handgun through a private sale. This is in fact one of the very few ways citizens in this age group can exercise their constitutional right to possess handguns.What about gun shows?If a person buys a firearm from an FFL participating in a gun show (this constitutes the majority of firearm sales at gun shows) then a 4473 is filled out as normal. If a person is buying a firearm from a private party, laws regarding private sales apply. Think of gun shows simply as a way for people who might be interested in buying or selling firearms to all be in the same place at the same time. There’s nothing sneaky or tricky about them, they literally happen in convention centers and on fairgrounds. Local police and BATFE agents are always present at gun shows.Now that we have all that basic information out of the way, we can talk about actual changes to federal law.First let’s take a look at prohibiting suspected terrorists from purchasing firearms. We can all agree we hate terrorists, but they still have due process rights. Fortunately, the FBI is in charge of both the Terrorist Screening Database (TSDB) and the NICS database. Prospective gun buyers with records that produce a match in the TSDB could generate a hit in the NICS database. The FBI could then investigate the hit and, assuming the hit actually matched the buyer in question, determine whether or not to tell the FFL to delay the transfer. Within the current three day delay window, the FBI could bring the case before a judge. Should the judge find probable cause, the transfer could be legally halted. At this point the buyer should be notified and be interviewed as part of the investigation. If charges are appropriate, the FBI can file charges in a timely manner. Otherwise, the suspect should be allowed to go about their business without further interference. That puts a lot of burden on the FBI, but it isn’t supposed to be easy to legally strip citizens’ rights in the United States. Remember, the burden of proof always lies upon the accuser, not the defendant.One rather common gun control proposal in the United States is that of universal background checks on all firearm sales, including private intrastate sales. On a practical level, compliance and enforcement of a universal background check would be very difficult without some kind of national firearm registry linking specific firearms to their owners. No national firearm registry exists for regular rifles, shotguns, or pistols at the moment and it’s actually illegal to create one because of the Firearm Owners Protection Act passed in 1986. There remains a visceral fear of a firearms registry among many conservatives; the concerned parties believe that all firearm registries are nothing more than a precursor to the total confiscation of all firearms. This belief is objectively refuted because numerous firearm registries in multiple US states and democratic countries as well as a national registry on firearms regulated by the National Firearms Act exist and have not been precursors to a total confiscation of all firearms. However, many conservatives latch onto the words of a select handful of extremist politicians who espouse a desire for confiscation as proof that confiscation is the inevitable result of all registries.With all that being said, what might be feasible as an alternative to a universal background check is creating an online version of form 4473 so the public could voluntarily conduct background checks without going to an FFL. This is actually something most gun owners want because, at the moment, there’s no way of conducting a background check for a private intrastate sale in most states without involving an FFL. Involving an FFL introduces a financial disincentive because FFLs are businesses and usually charge for their services. I’ll propose the best system I’ve thought of so far which allows for minimal fraud and abuse.First, create a secure electronic variant of the 4473. It should include the buyer and seller information along with contact information for both parties. Once the form is completed, a unique confirmation number is sent out to both parties using the provided contact information. Both parties enter their confirmation numbers, then the form is submitted to the FBI and run through the NICS database. A single transaction number is generated for the NICS check and provided to the buyer and seller. The parties then call a phone number for a NICS automated line and enter the transaction number along with their unique confirmation numbers. This transfers the call to a live operator who examines the results of the NICS check performed for the transaction. The operator then tells the seller to “proceed”, “delay”, or “deny” just as they would with an FFL.The idea behind the whole system is that it allows for an effective background check to be done while offering a reasonable measure of privacy for the buyer. Sure, somebody could abuse the system if they wanted to put in enough effort, but they wouldn’t get very much information. It also removes a financial disincentive; it only costs individuals time to do a check like this and the check and be performed virtually anywhere, not just at FFL locations.Now, let’s discuss assault weapons and magazines which hold more than ten rounds. The problem with the Federal Assault Weapons Ban of 1994 was that it didn’t do anything except drive up prices on the magazines and weapons described by the ban. There was no measurable impact on crime during the ten years the Assault Weapons Ban was in effect.Here is how assault weapons were defined in 1994:Semi-automatic rifles able to accept detachable magazines and two or more of the following:Folding or telescoping stockPistol gripBayonet mountFlash suppressor, or threaded barrel designed to accommodate oneGrenade launcher mountSemi-automatic pistols with detachable magazines and two or more of the following:Magazine that attaches outside the pistol gripThreaded barrel to attach barrel extender, flash suppressor, handgrip, or suppressorBarrel shroud safety feature that prevents burns to the operatorUnloaded weight of 50 oz (1.4 kg) or moreA semi-automatic version of a fully automatic firearm.Semi-automatic shotguns with two or more of the following:Folding or telescoping stockPistol gripDetachable magazine.All of those things are cosmetic features that can be designed around. In fact, they frequently were and are designed around. Even today in states with more stringent feature based assault weapon bans, like California, there exist so called “featureless” firearms which are perfectly legal and not objectively worse for killing people than assault weapons. Now we could try an assault weapon ban again and again have no impact on crime… or we could recognize that semiautomatic centerfire weapons are undeniably the arms of choice in a militia. Police and military forces all over the world use semiautomatic (or fully automatic) centerfire weapons almost exclusively. As such, it makes more sense to more stringently regulate all semiautomatic centerfire weapons, not just a certain subset with specific cosmetic features. At the same time, we can breathe new life into the militia concept described by the Second Amendment to the United States Constitution, even make the militia well regulated.In the United States, we currently have an organization called the Civilian Marksmanship Program, a federally chartered corporation whose purpose is:To instruct citizens of the United States in marksmanship;To promote practice and safety in the use of firearms;To conduct competitions in the use of firearms and to award trophies, prizes, badges, and other insignia to competitors.Among numerous other things, the CMP sells M1 Garand rifles. The Garand is a .30–06 semiautomatic battle rifle roughly twice as powerful as common AR-15 or Kalashnikov rifles. The Garand was the primary infantry rifle of the US military during the Second World War and the Korean War. The CMP literally sells them so people can practice target shooting with a weapon of war.Image by Curiosandrelics - Own work, CC BY-SA 3.0, File:M1-Garand-Rifle.jpg - Wikimedia CommonsLet’s take a look at eligibility requirements for the CMP:REQUIREMENTS FOR PURCHASEBy law, the CMP can sell surplus military firearms, ammunition, parts and other items only to members of CMP affiliated clubs who are also U.S. citizens, over 18 years of age and who are legally eligible to purchase a firearm.PROOF OF U.S. CITIZENSHIP:You must provide a copy of a U.S. birth certificate, passport, proof of naturalization, or any official government document (When using a military ID to prove citizenship, must be an E5 or above) that shows birth in the U.S. or states citizenship as U.S.PROOF OF AGE:You must provide proof of age. Usually proof of citizenship also provides proof of age. In those cases where it may not, a driver’s license is sufficient.MEMBERSHIP IN CMP AFFILIATED ORGANIZATION:You must provide a copy of your current membership card or other proof of membership. This requirement cannot be waived. The CMP currently has over 2,000 affiliated organizations located in many parts of the country. CMP Club Member Certification Form- If your CMP affiliated club does not issue individual membership cards, please have the club fill out the CMP Club Member Certification Form and return it with your order.Membership in many of these organizations costs $25.00 or less and can be accomplished online. A listing of affiliated organizations can be found by clicking on our Club Search web page at http://ct.thecmp.org/app/v1/inde.... If you have any difficulty in locating a club, please contact the CMP at 256-835-8455 or by emailing CMP Customer Service. We will find one for you. In addition to shooting clubs, the CMP also has several special affiliates. Membership in these organizations satisfies our requirement for purchase. These special affiliates include: Congressionally chartered veterans' organizations such as the VFW, AL, DAV, MCL, etc. U.S. Military services (active or reserves), National Guard, to include retirees. Professional 501(c)3 law enforcement organizations and associations such as the FOP, NAPO, NSA, etc. The Garand Collector's Association is a CMP Affiliated Club. You can download a Garand Collector's Association Application Form.Note: Club membership IS required for purchase of rifles, parts, and ammunition.Club membership is NOT required for instructional publications or videos or CMP memorabilia.MARKSMANSHIP OR OTHER FIREARMS RELATED ACTIVITY:You must provide proof of participation in a marksmanship related activity or otherwise show familiarity with the safe handling of firearms and range procedures. Your marksmanship related activity does not have to be with highpower rifles; it can be with smallbore rifles, pistols, air guns or shotguns. Proof of marksmanship participation can be provided by documenting any of the following:Current or past military service.Current or past law enforcement serviceParticipation in a rifle, pistol, air gun or shotgun competition (provide copy of results bulletin).Completion of a marksmanship clinic that included live fire training (provide a copy of the certificate of completion or a statement from the instructor).Distinguished, Instructor, or Coach status.Concealed Carry License.Firearms Owner Identification Cards that included live fire training. - FFL or C&R license.Completion of a Hunter Safety Course that included live fire training.Certification from range or club official or law enforcement officer witnessing shooting activity. Complete the CMP Marksmanship Form to signNow your range firing and the required marksmanship related activity for an individual to purchase from the CMP.No proof of marksmanship required if over age 60. Proof of club membership and citizenship required for all ages. NOTE: Proof of marksmanship activity is not required for purchase of ammunition, parts, publications or memorabilia.BE LEGALLY ELIGIBLE TO PURCHASE A FIREARM:The information you supply on your application will be submitted by the CMP to the FBI National Instant Criminal Check System (NICS) to verify you are not prohibited by Federal, State or Local law from acquiring or possessing a rifle. Your signature on the Purchaser Certification portion of the purchase application authorizes the CMP to initiate the NICS check and authorizes the FBI to inform CMP of the result. IMPORTANT: If your State or locality requires you to first obtain a license, permit, or Firearms Owner ID card in order to possess or receive a rifle, you must enclose a photocopy of your license, permit, or card with the application for purchase.As you can see, the CMP eligibility process is quite a bit more involved than the background check system we have now. It seems to have worked for keeping the powerful semiautomatic Garand rifles out of the hands of mass murderers. The last mass shooting on US soil that I know of which involved an M1 Garand was the Kent State massacre and that involved the Ohio National Guard shooting anti-war protesters, not civilians who were sold rifles through the CMP. I haven’t been able to find any records of crimes committed with guns sold through the CMP. I’m sure it has happened at one point in time or another, but the occurrence is so rare that there hasn’t been any documentation. My point is that the CMP has a really great track record in the United States for making sure guns don’t go to bad guys.Since the Assault Weapons Ban of 1994 didn’t have any measurable impacts on crime and the CMP has great results, I propose we extend the CMP eligibility requirements to all semiautomatic centerfire firearms and centerfire magazines with more than ten rounds of capacity. This means only people who meet the listed criteria will be able to buy the types of weapons most useful in a militia which are also the weapons we primarily see used in mass shootings from an FFL. The proposal also effectively introduces a mandatory training and basic competency requirement before individuals can purchase semiautomatic centerfire weapons from a gun store. The inclusion of CMP eligibility for the purchase of centerfire magazine over ten rounds creates a strong incentive for existing gun owners and individuals who purchase firearms through private intrastate sales to get training and join the CMP if they want easy access to centerfire magazines over ten rounds.The word centerfire is really important because there is another class of firearms which use rimfire cartridges.A collection of rimfire and centerfire cartridges, left to right: .22lr (rimfire), .22WMR (rimfire), .357 magnum (centerfire), .30–06 Springfield (centerfire), 12 gauge shotshell (centerfire)Rimfire cartridges aren’t very powerful; they’re mostly used for small game hunting and target shooting. Most countries allow ownership of semiautomatic rimfire rifles with only basic licensing; countries like Canada and the UK don’t even have restrictions on magazine capacity for rimfire rifles. Could they be used by a mass shooter? Sure, anything could, but semiautomatic rimfire firearms just aren’t a threat compared to semiautomatic centerfire firearms or even non-semiautomatic centerfire firearms. Wounds caused by bullets fired from rimfire cartridges are almost always less severe than wounds caused by bullets fired from centerfire cartridges. Very precise shot placement is required for rimfire weapons to instantly kill a person and mass shooters are unlikely to take the time to precisely place their shots.Seen above are four rimfire rifles made by Marlin.Regulating firearms in this way allows new gun owners to hunt, shoot targets, and defend themselves using semiautomatic rimfire or manually operated firearms. If new gun owners want easy access to semiautomatic centerfire firearms which are useful in a militia context, they can join the CMP, effectively becoming a member of a well regulated militia, after demonstrating themselves to be competent and well trained.I have some final thoughts on the CMP related proposal before moving on to the next topic. CMP eligibility introduces additional layers of human interaction between people and semiautomatic centerfire weapons and centerfire magazines over ten rounds. Barring major advances in mental healthcare and adjudication in the United States, layers of human interaction are the best way for red flags to be raised about somebody who might want to kill large numbers of people with a firearm. Additional layers of human interaction also introduce a larger hurdle for straw purchasers, people who buy firearms for people who can’t pass background checks because they’re ineligible to own firearms. Additional layers of human interaction make law enforcement investigations slightly easier as well.At the moment, laws, standards, and permits for carrying concealed handguns vary wildly. Some states have no requirements while other states functionally don’t allow anybody except police officers to carry handguns in any way. While the percentage of the US population which actually carries handguns regularly, concealed or openly, is relatively small, those who do carry handguns regularly can often face great legal peril for no particularly good reason when crossing state lines. At the same time, it would be good for the public to know that people carrying concealed handguns are actually competent and not a hazard to the public. In essence, a balance would be preferable to the extremes which currently exist.I propose creating an national permit for carrying concealed handguns in any state. Police officers already enjoy something similar to this. The permitting process should include a standardized class which can be taught by police officers or other qualified instructors. Before attending the class, applicants should undergo a background check. Among other things, the class should cover the legal use of deadly force, safe firearms handling practices, and conflict deescalation practices. Then applicants should be given a written test on the subjects. If the applicants pass, they should then undergo a practical handgun handling and shooting competency test. If applicants are able to both handle handguns safely and shoot accurately, they will then be issued a carry permit which is valid for a certain number of years; three to five years seems reasonable. If applicants fail either test then they go home without a permit and can retake the whole class the next time it is offered if they still wish to carry a concealed handgun.
I would like to legally purchase a firearm in New Jersey for target shooting and am curious as to how the goverment searches through medical records? Specifically, how do the police look through medical/mental health records?The county Adjuster has a record of involuntary psychiatric hospitalizations. You also have to fill out a HIPAA release form to allow the Register to release these records. https://www.njsp.org/firearms/pd...The application for an FPID and/or handgun purchase permit asks questions about your medical and mental health history. https://www.njsp.org/firearms/pd... Lying on this form is a felony.
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How many guns can you put on a 4473?The second firearm may be recorded on the same Form 4473. The acquisition of the 2 firearms is considered a single transaction.
What happens if you lie on a 4473?Sessions instructed federal prosecutors \u201cto enhance prosecution of cases involving false statements on ATF Form 4473,\u201d which he called \u201clie-and-try\u201d cases. Lying on the form is a felony that can bring up to 10 years in prison and a ×250,000 fine. But the DOJ's deeds fall far short of Sessions's declarations.
What is the penalty for lying on a gun application?Submitting false information on a background check is a felony under federal law, punishable by up to 10 years in prison and a fine of up to $250,000. But as many as 160,000 people are denied a gun purchase each year because they failed a check. Few are ever apprehended, much less prosecuted.
How long are 4473 forms kept?How long are licensees required to maintain ATF Forms 4473? Licensees shall retain each ATF Form 4473 for a period of not less than 20 years after the date of sale or disposition.
Can I fill out Form 4473 online?You can fill out form 4473 online. The following items must be completed by the buyer: Personal Information (including residence address, place of birth, SSN); Questionnaire about mental and physical hEvalth, as well as past violations of the law.