Posts Tagged ‘gun show loophole’

Looking at the “executive actions” that were basically released last night but are being officially released today, leads one to conclude that this was all bark and no bite.  Then I read this article in the Washington Post and it makes me ask, is this provision intended to catch totally innocent people trying to sell a single firearm, one single time, from their own collection?

One of the main provisions is new federal guidance requiring some occasional gun sellers to get licenses from ATF and conduct background checks on potential buyers. Rather than set a single threshold for what triggers this licensing requirement, it will be based on a mix of business activities such as whether the seller processes credit cards, rents tables at gun shows and has formal business cards.

The “processes credit cards” caught my attention.  Anyone can do that now with a simple attachment to you Smartphone that can be purchased anywhere, including from Rite Aid pharmacies or any electronics stores.  What about the son who was left a collection of firearms by his father and for what ever reason wants to sell one or more of them and decides to rent a table one weekend at his local gun show.  He isn’t in the business of selling firearms.  He isn’t going to do it again, he just wants to go where there are people that might be interested in the guns he wants to sell.

I’m not the only one asking the question whether this is all to set up the prosecution of cases they otherwise wound not have pursued.


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While the International Association of Chiefs of Police (IACP) constantly provide Obama with a show of support for his gun ban schemes, a recent survey of rank and file police show a much different story.  The NRA has used the results to make this new ad.

The vote on criminalizing private sales at gun shows and through published advertisements is today at 4:00.  Tell Mark Warner to stand with rank and file law enforcement who know what really works to prevent crime and vote no on Manchin-Toomey-Schumer.

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The vote count continues to be close but looks to be short of the 60 votes needed for approval, so Senators Manchin and Toomey are trying to sweeten the deal to appeal to rural senators who may be concerned about the requirement that advertised private sales be done through a licensed retailer because some constituents may not have easy access.  This from Politico:

Late Monday night, the New York Times reported that Manchin and Toomey are considering a possible revision to their bill that would exempt residents in rural areas living hundreds of miles from licensed gun deals from some of the requirements of the bill.

The revision, which would be added only as amendment if the Manchin-Toomey proposal is adopted, is designed to appeal to Begich and Sen. Lisa Murkowski (R-Alaska), said aides familiar with the issue. Manchin huddled with both Alaskan senators on the floor after a vote Monday night.

However, only four Republicans are voting for the bill at this time. They include Toomey, Mark Kirk of Illinois, Susan Collins of Maine and John McCain of Arizona.

Other Republicans are on the fence and undecided, such as Sens. Kelly Ayotte of New Hampshire and Dean Heller of Nevada. Democrats believe they will pick up some of these Republicans.

In related news, Virginia Senator Mark Warner just spoke on the floor of the U.S. Senate and his comments indicate that he supports the Manchin-Toomey-Schumer background check amendment.  Please call Senator Warner and let him know that you do not approve of his support of this amendment.  Tell him that the amendment is not pro-rights but is actually a “Bonanza of Gun Control“.

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David Hawkings of Roll Call lists the senators that could decide the fate of the Manchin/Toomey/Schumer background check amendment to the senate gun control bill.

Among the Republicans, only four have so far committed to voting for the background check compromise: Toomey, Mark S. Kirk of Illinois, Susan Collins of Maine and John McCain of Arizona.

And the rest of the lobbying attention is being focused on six of the GOP senators who voted last week to bring the bill to the floor in the first place. Johnny Isakson and Saxby Chambliss of Georgia, Jeff Flake of Arizona, Dean Heller of Nevada, Kelly Ayotte of New Hampshire and John Hoeven of North Dakota.

Hawkings notes that a key to knowing if they have 60 votes is if they bring up the vote early (i.e. Tuesday).  If the vote is put off one day, then they are likely close.  The longer it is put off, the less likely it is they have the votes and the harder it will likely be to get to the magic number.

Hat tip NRANews.

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Governor Kaine demonstrated again yesterday demonstrated that he will say anything to promote his agenda.  Take this for instance:

There isn’t any reason why someone who is dangerously mentally ill or a felon should be able to get a gun under any circumstances and I continue to be surprised that people feel like that is OK.

That was Governor Kaine talking to reporters just before the vote yesterday on SB1257 – Senator Marsh’s “Gun Show Loophole” bill.

I don’t know a single gun owner who thinks it it “ok” for felons or mentally ill individuals to get their hands on firearms.  We simply don’t think the government should be involved in transfers of privately owned firearms when the vast majority of those sales are between family and friends.  When you look at the number of firearm sales that occur at a gun show, private sales make up a small percentage of the total sales.  And no less than three federal studies have shown that gun shows are not a source of firearms for criminals.

If keeping felons and mentally ill people from getting firearms was the goal of Kaine and others pushing this legislation, then voluntary checks and providing an FFL at the show to conduct those checks (since only FFLs have access to the State Police for running such checks) should be sufficient.  But both Kaine and some of the families of Virginia Tech shooting victims said yesterday that they were not interested in such amendments.  So, something else is their real goal and that something is ending all private sales.  You have to believe shutting down gun shows is also an ultimate goal because every bill that has been introduced goes well beyond simply requiring background checks.  They all require some form creating a registration list of everyone that walks into a gun show.

So, the next time you hear Tim Kaine say he can’t understand why someone thinks it is okay for felons and mentally ill people to buy firearms, ask yourself why Kaine had not interest in at least getting voluntary checks at gun shows for private sales.

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I had the opportunity to talk with Cam Edwards last night about SB1257 and how it lived for another day.

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Senator Henry Marsh’s SB 1257 advanced to Third Reading today and set up a vote on final passage as soon as Friday, January 30.  Virginia gun owners need to call their senators now and urge them to oppose the bill and vote no.

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For all of those people who said President Obama would have too much on his plate to promote gun control – this from the White House “Urban Policy” Agenda web page:

Address Gun Violence in Cities:Obama and Biden would repeal the Tiahrt Amendment, which restricts the ability of local law enforcement to access important gun trace information, and give police officers across the nation the tools they need to solve gun crimes and fight the illegal arms trade. Obama and Biden also favor commonsense measures that respect the Second Amendment rights of gun owners, while keeping guns away from children and from criminals. They support closing the gun show loophole and making guns in this country childproof. They also support making the expired federal Assault Weapons Ban permanent.

They basically moved the text from the transition web site to the official White House web site.  Apparently these are far enough up on his list of priorities to be posted on the White House Agenda web page.

Hat top to David Codrea of The War on Guns.

UPDATE: How did I miss the “making guns in this country childproof” in the Obama agenda?  That appears to be an addition to what was on the Transition web page.   Does this mean he is going to make the use of trigger locks mandatory? Does this mean “Smart Gun” technology requirements?

Hat tip to the Campaign Spot.

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The Virgina Crime Commission meets this morning at 10:00 AM to determine whether to support legislation addressing the so-called “gun show loophole.”  Its at the top of the agenda so we should know their decision before noon.  I’m betting no on “loophole” legislation but its any body’s guess if they go another route such as creating a definition for what type or how many guns sold make an individual a dealer to try and passify the moonbats – which it won’t.

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Spotsylvania County Repeals Fingerprinting Requirement for CHP Applicants
On a unanimous vote last night, the Spotyslvania County Board of Supervisors voted to repeal the requirement that concealed carry permit applicants be fingerprinted.  This was sold by the Board staff as a cost saving measure and as localities struggle with balancing their budgets in an economic downturn, more localities may see the value in doing away with the fingerprinting requirement.  This is an opportunity for gun owners to contact their local governing board and suggest that the locality could save money be eliminating the fingerprinting requirement if they have such a requirement (not all localities do).
Virginia Crime Commission Delays Vote on Gun Show Loophole Legislation
The Virginia Crime Commission met yesterday and heard testimony on possible legislation to address the so-called “Gun Show Loophole” but put off a vote on recommending legislation until January 13th.  At the meeting both pro-rights and anti-rights citizens spoke, with many on the anti-rights side being family members of victims or survivors of the Virginia Tech shootings.  The press covered this heavily yesterday and articles about the meeting are plentiful.  The Virginian Pilot reported that during a break, Senator Ken Stolle, vice chair of the commission said that the commission would probably approve a strict background-check  requirement at gun shows, but to  survive, the recommendation would need majority support from members of  both parties on the commission.  Stolle said “That’s not going to happen.”   The Pilot reports that Delegate Dave Albo, the commission chairman, and Stolle both floated the idea of having a state trooper stationed at each gun show with a computer available to conduct  voluntary background checks for private gun purchases. A State Police  representative said that could be done if it’s funded and Stolle said that proposal could likely get majority support on the commission. 
So, at a time when the state budget faces a shortfall of $2.3 billion, we are going to pay a State Trooper overtime (because that’s what it would be – an off duty trooper in uniform getting paid overtime) to sit at a gun show and see if anyone comes up wanting him to conduct a background check.  I understand Senator Stolle wanting to offer something in the hope that we can finally stop seeing these gun show bills every session but this proposal is not going to please the anti-rights side because it is not mandatory and if it were to pass, it gives Governor Kaine a vehicle to make it mandatory with an amendment or sending down a substitute bill that would not go to committee but would hit the floor for an up or down vote.
Gun owners need to make it known between now and January 13th when the commission meets again that there is no need for gun show legislation.  Key on the pro-rights members of the commission – Delegate Terry G. Kilgore, Delegate Beverly J. Sherwood, Senator Kenneth W. Stolle, Delegate Robert B. Bell and Attorney General Robert F. McDonnell and urge them to oppose any recommendation from the commission that would impose background checks for private sales at gun shows.  Also ask them to oppose any proposal that would commit taxpayer funds in these tight budget times to pay for a state trooper at gun shows for voluntary background checks when there is no evidence it would be a wise use of taxpayer money.  It is very likely the trooper would spend the entire weekend twiddling his thumbs.

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