I live in Texas. While I realize that each state is potentially different, Texas regulations on gun sales are pretty much in line with federal minimums. There is no registration, no universal background check requirement, no permits to purchase or possess.

I was reading a WaPo article this morning about Obama's new executive orders concerning private sales and who is, or is not, a dealer. It all seemed so ridiculously complicated and unnecessary.

Don't get me wrong, I am not opposed to background checks in principle. Although my experience is anecdotal, I have witnessed at least one person fail a background check and later found out that the person was charged with spousal abuse shortly afterward. I really believe background checks work. In spite of this I also believe some private sales should be exempt from background checks. Family and friends you might personally know, for example. I admit, even with those exceptions, people who should not have a gun would still get one if they put forth a little effort and some people would gladly sell one to them, preferring to remain ignorant to the character of the individuals who are buying from them.

The truth is I have one very important reason (to me) to oppose universal background checks as they are proposed in the current debate. Cost. The readers on this forum are probably aware that dealers charge anywhere from $10 - $75 for a background check/transfer fee. The justification for such fees basically point out that the dealer must spend time logging the firearm into and out of inventory and spend time making the call. Dealer time is worth money. I can't argue that point. No one can (or should).

What if private citizens had access to the NICS? Currently, a dealer calls NICS and gives his FFL number to the operator. He then gives the operator the buyer's basic ID information found on the buyers drivers license or state ID card. Finally, he tells the operator if the firearm is a handgun or a long gun. That's it. It's a free call.

Why can't private sellers have access to this system? The sellers Social Security number could be used in place of the dealer's FFL number. Seller receives a confirmation number at the end of a successful check -just like the dealer does.

Of course interstate gun sales requiring dealer to dealer transfers would remain the same. This would be primarily used for FTF trades and gun shows.

Personally, I'd like to see this implemented on a voluntary basis to see how many citizens would use it without being forced to do so. I would.

Some days ago I posted a few handguns for sale in the Trading Post forum. No one nibbled so I posted them on Texas Gun Trader. One guy contacted me and was really sketchy about setting up a meet. He insisted meeting in a very unsavory neighborhood a few blocks from a methadone clinic -at night. (My sister was a heroine addict and I have driven her there). I suggested we meet during the day at a gun shop. He was suddenly too busy and decided he didn't want it. I'm good with that.

I would love to have access to NICS.

Thoughts?

virtualhabitat wrote:I live in Texas. While I realize that each state is potentially different, Texas regulations on gun sales are pretty much in line with federal minimums. There is no registration, no universal background check requirement, no permits to purchase or possess.

I was reading a WaPo article this morning about Obama's new executive orders concerning private sales and who is, or is not, a dealer. It all seemed so ridiculously complicated and unnecessary.

Don't get me wrong, I am not opposed to background checks in principle. Although my experience is anecdotal, I have witnessed at least one person fail a background check and later found out that the person was charged with spousal abuse shortly afterward. I really believe background checks work. In spite of this I also believe some private sales should be exempt from background checks. Family and friends you might personally know, for example. I admit, even with those exceptions, people who should not have a gun would still get one if they put forth a little effort and some people would gladly sell one to them, preferring to remain ignorant to the character of the individuals who are buying from them.

The truth is I have one very important reason (to me) to oppose universal background checks as they are proposed in the current debate. Cost. The readers on this forum are probably aware that dealers charge anywhere from $10 - $75 for a background check/transfer fee. The justification for such fees basically point out that the dealer must spend time logging the firearm into and out of inventory and spend time making the call. Dealer time is worth money. I can't argue that point. No one can (or should).

What if private citizens had access to the NICS? Currently, a dealer calls NICS and gives his FFL number to the operator. He then gives the operator the buyer's basic ID information found on the buyers drivers license or state ID card. Finally, he tells the operator if the firearm is a handgun or a long gun. That's it. It's a free call.

Why can't private sellers have access to this system? The sellers Social Security number could be used in place of the dealer's FFL number. Seller receives a confirmation number at the end of a successful check -just like the dealer does.

Of course interstate gun sales requiring dealer to dealer transfers would remain the same. This would be primarily used for FTF trades and gun shows.

Personally, I'd like to see this implemented on a voluntary basis to see how many citizens would use it without being forced to do so. I would.

Some days ago I posted a few handguns for sale in the Trading Post forum. No one nibbled so I posted them on Texas Gun Trader. One guy contacted me and was really sketchy about setting up a meet. He insisted meeting in a very unsavory neighborhood a few blocks from a methadone clinic -at night. (My sister was a heroine addict and I have driven her there). I suggested we meet during the day at a gun shop. He was suddenly too busy and decided he didn't want it. I'm good with that.

I would love to have access to NICS.

Thoughts?

Yup. If the cost of a Background Check via NICS was free, I'd totally support it...even without insisting National Reciprocity. Good thoughts.

The crossing state lines to buy part is stupid. If you pass a background check you can legally posses most guns in most states and transport them in an approved manner. So buying one in another state from an FFL shouldn't be an issue.

I can buy an AK47 from a private individual here and drive into Iowa with it and a pile of ammo to go shooting, but can't go to Iowa and buy a Single Action .22 revolver from a gun store. That makes about zero sense.

inomaha wrote:The crossing state lines to buy part is stupid. If you pass a background check you can legally posses most guns in most states and transport them in an approved manner. So buying one in another state from an FFL shouldn't be an issue.

I can buy an AK47 from a private individual here and drive into Iowa with it and a pile of ammo to go shooting, but can't go to Iowa and buy a Single Action .22 revolver from a gun store. That makes about zero sense.

True - but every time you mention taking the controls away from the individual states and making Federal rules that apply equally everywhere, some nimrod starts bitching about it. But it would be SO much easier.

SailDesign wrote:

inomaha wrote:The crossing state lines to buy part is stupid. If you pass a background check you can legally posses most guns in most states and transport them in an approved manner. So buying one in another state from an FFL shouldn't be an issue.

I can buy an AK47 from a private individual here and drive into Iowa with it and a pile of ammo to go shooting, but can't go to Iowa and buy a Single Action .22 revolver from a gun store. That makes about zero sense.

True - but every time you mention taking the controls away from the individual states and making Federal rules that apply equally everywhere, some nimrod starts bitching about it. But it would be SO much easier.

I imagine results would vary from state to state. I doubt very much Texas would care if someone from Tulsa sold a pistol to someone in Dallas. Likewise from Dallas to Tulsa in the case of Oklahoma.

Of course there's no mention of opening up the NICS system. Yet we're the uncompromising assholes.

I'd much prefer to have access and do the process myself. I don't begrudge a shop owner accounting for the time of processing, but I'm cheap.