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Old April 22, 2013, 01:24 PM   #468
JimDandy
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Join Date: August 8, 2012
Posts: 2,453
Welcome back, and doesn't Twitter do the strangest things?

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The biggest hurdle to passing new background checks for gun owners, is the risk of that data being used to compile a list of all gun owners. Which brings the inevitable attempt somewhere down the line of forced confiscation, given that the gun grabbing party will have a list of targets to go after. As I see it there is only one way to avoid this - remove the connection of background check from the action of gun purchasing. This means doing a background check on EVERYONE - once.
Many mental diseases and defects show up later in life. College ages and beyond. A BG check at 16 or 18 would be less likely to catch those, as Adjudication requires them to show up, and dramatically so, first. These would also have to be updated with your criminal activity provision below

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This can be accomplished by doing an NICS background check on each and every person and providing proof of pass/fail status. I would propose that this be done at the next renewal date for the person operators license or photo ID. The status of the NICS check would be posted on the photo ID - that status will not change unless there is legal action toward that person - in the case of that legal action, the photo ID would be updated IMMEDIATELY, so it would remain up to date and current.
The problem with this, is that the states have a hard enough time keeping up with removing actual firearms from those who end up with a firearms disability, let alone the ones who would need an updated license and don't have any interest in firearms.

You're also opening up HIPPA concerns for the general public, if someone is in treatment for a mental issue that provides a firearms disability, but not confinement for treatment... the government needs to know it, not the server bringing you a beer.


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At that point ALL firearm sales would have the requirement that the seller check the photo ID of the buyer, not just for verification that the buyer resides in the same state (because interstate sales will still require the use of an FFL, due to the interstate commerce clause), but also to verify that the CURRENT status of the last NICS check is a a Pass and the buyer is a lawful person to sell to.
Without an active participation element, a forged document is all that is necessary. The best pre-screened suggestion I've seen was to print out a certificate with an authorization number, and the seller dials a NICS type number, reads off the Authorization number, verifies things like name, address, height, weight, and so on, but not financially sensitive info like SSN.
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