2aguy
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- Jul 19, 2014
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- #21
And here are a couple of articles that go into detail how the anti gunners will abuse background checks....
How Everytownâs background check law impedes firearms safety training and self-defense
The Bloomberg system applies to every firearms âtransfer.â In normal firearms law, a âtransferâ means âa permanent exchange of title or possession and does not include gratuitous temporary exchanges or loans.â Chow v. State. 393 Md. 431, 473, 903 A.2d 388, 413 (2006).
However, the Bloomberg laws create a very different definition. For example, the Washington state law says that â âTransferâ means the intended delivery of a firearm to another person without consideration of payment or promise of payment including, but not limited to, gifts and loans.â Rev. Code Wash. § 9.41.010(25).
In other words, it applies to sharing a gun while target shooting on oneâs own property, or to lending a gun to a neighbor for a weekend hunting trip.
Under the Bloomberg system, transfers may take place only at a gun store. The transfer must be conducted exactly as if the retailer were selling a firearm out of her inventory. So the transferee (the neighbor borrowing the hunting gun) must fill out ATF Form 4473; the retailer must contact the FBI or its state counterpart for a background check on the transferee; and then, the retailer must take custody of the gun and record the acquisition in her Acquisition and Disposition book. Finally, the retailer hands the gun to the transferee and records the disposition in her Acquisition and Disposition book. A few days later, after the hunting trip is over, the process must be repeated for the neighbor to return the gun to the owner; this time, the owner will be the âtransferee,â who will fill out Form 4473 and undergo the background check.
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Safety training
Sensible firearms policy should encourage, not impede, safety instruction. The Bloomberg laws do just the opposite. They do so by making ordinary safety training impossible unless it takes place at a corporate target range. (The federal S. 374 allows transfers âat a shooting range located in or on premises owned or occupied by a duly incorporated organization organized for conservation purposes or to foster proficiency in firearms.â)
A target range is usually necessary for the component of some safety courses that includes âlive fireâ â in which students fire guns at a range under the supervision of an instructor. However, even the courses that have live fire also have an extensive classroom component. Some introductory courses are classroom-only. In the classroom, dozens of firearms transfers will take place. Many students may not yet own a firearm; even if a student does own a firearm, many instructors choose to allow only their own personal firearms in the classroom, as the instructor may want to teach particular facts about particular types of firearms. The instructor also wants to use firearms that he or she is certain are in good working order. In any classroom setting, functional ammunition is absolutely forbidden.
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The next article in the series...private sharing on private property, with a link to long term storage article...
Sharing firearms for informal target shooting: Another legitimate activity outlawed by Everytownâs âuniversal background checksâ
Here are two things that a person might do with a firearm: 1. Sell the firearm to a complete stranger in a parking lot. 2. Share the firearm with a friend, while target shooting on oneâs own property. Michael Bloombergâs âEverytownâ lobby is promoting âuniversal background checksâ as a means of addressing activity No. 1. But the Bloomberg laws also outlaw activity No. 2. In a previous post, I detailed how the unusual Bloomberg laws about âbackground checksâ for âprivate salesâ constrict safety training and self-defense; and also obstruct safe storage. This post addresses another non-sales activity, firearms sharing.
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How background checks affect long term storage when owner is away and wants to leave guns with friends...
Opinion | Safe storage of firearms: The harms from Bloombergâs strange background check system
Although the Bloomberg system is promoted as addressing private sales of firearms, the Bloomberg laws as written apply to all firearms loans â whether for a few seconds or a few weeks. There are some limited exceptions (e.g., certain family members, or at a corporate target range). But these exceptions do not apply to safe storage situations.
Consider a person who will be away from home for an extended period, such as a member of the armed services being deployed overseas, a person going away to school, a family going on a long vacation, or someone evacuating her home due to a natural disaster. Such persons might wish to store firearms with a trusted friend or neighbor for months or years. Under the Bloomberg system, for the friend or neighbor to store the firearms, the following procedures must be followed:
The owner and the bailee must find a gun store that is willing to process the loan. The store must treat the loan as if it were selling a firearm out of its inventory. Under the threat of a five-year federal prison sentence for perjury, the bailee and gun store must answer the dozens of questions on ATF Form 4473. Next, the gun store contacts the FBI or a state counterpart for permission to proceed with the sale. Under ideal circumstances, permission to proceed is granted in less than 10 minutes. The retailer then logs the gun into his Acquisition and Disposition record book, as an acquisition. He next logs the gun out of the record book, as a disposition. He hands the firearm to the bailee. The process must be followed for every firearm. If there are two are more handguns, the store must send additional forms to the Bureau of Alcohol, Tobacco, Firearms and Explosives. Depending on the state, a fee is charged for each background check requested. The gun store, of course, will process this transaction only if it can charge a fee to compensate it for handling the paperwork. Unlike with an inventory sale, the gun store is not making any profit on the gun itself.
Later, when the bailor returns and is ready to take custody of her firearms, the entire process must be repeated, with bailor and bailee both taking all the guns to the gun store, before they may be returned to the bailor.
