Open Letter of Compromise
Dear President Obama and Members of the Untied States Congress,
I have heard a lot of talk about the desire for universal background checks. As I understand it, the desire (mainly by the Left) is to make it such that every gun transfer, gift and sale, in the US must involve a background check of the recipient. The idea is that this will prevent criminals from using individual gun sales to get guns they could not buy in stores. The reality is that most criminals get guns from people they know, mostly other criminals, and when they do come from stores, they are straw purchased. Activities rendering the NICS system irrelevant.
But in the wake of a number of high profile shootings, you feel like you have to do something. So allow me to propose a universal background check compromise. I lived in Illinois, which had a universal background check law, so I’m going to model this off that, plus some extra. Keep in mind, that compromise means “you give up something to get something.” Furthermore, this is not comprehensive, more details will need to be hashed out.
The Law
Here is what you get for universal background checks:
The PERMANENT transfer of a firearm, between two private parties, as a gift, sale, or inheritance must be accompanied by a NICS background check on the recipient.
This is null between immediate family members (parents, children, grandparents, siblings)
Private transfers must be conducted face-to-face.
A website will be created that allows the recipient to fill out a Form 4473 online, and the transferer to have access to the FBI NICS system. Neither party has to go to a dealer (FFL) to have a face-to-face transfer processed. No fee will be levied for access to the NICS website.
Private individuals cannot conduct third party transfers or receive firearms by mail. Private parties cannot act as a stand-ins for dealers (FFLs).
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Here is what you give up to get it:
Interstate purchase of handguns through dealers. If you can pass a NICS check for a handgun in your home state, you can pass it in any of the other 49 states, anywhere you can pass a NICS check you can buy a gun.
Short barrel rifles (SBR), short barrel shotguns (SBS), and suppressors are no longer NFA items. Transfer can be conducted through a normal NICS check. You can assemble one yourself at home – e.g., if you passed the NICS check for the AR lower, you can stick any upper you want on it, no problem.
The Hughes Amendment of the FOPA is repealed.
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Here is what I’d like to try to get you give up to get it:
A foundation for 50 state, national wide, concealed carry.
Allow gun owners whose “Safe Passage” protection in FOPA was violate to bring suit against the municipality or agency that violated the “Safe Passage” protection in federal court.
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If you want to add some onus to the right of gun ownership for law abiding citizens, you are going to have to take away some other onus. There is no free lunch.