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Old January 10, 2013, 11:25 AM   #11
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Join Date: October 20, 2007
Location: Richardson, TX
Posts: 7,527
To prove that the loophole is closed, would owners be issued some kind of license proving that we went through the process, or that we owned each of our firearms at the time the new law went into effect?... The "national registry" and other anti proposals sound like the roots of a burgeoning new bureaucracy, the natural effect of which would be to discourage the ownership of firearms.
I think you hit upon one of the main issues that will arise in the upcoming gun control debate, and one that few people on our side are talking about.

A private sale background check requirement would IMHO be fairly easily implemented on new-sold firearms by requiring that some sort of records be kept by the buyer. However, applying this requirement to existing firearms already in circulation would be nearly unenforceable on ex post facto grounds unless it was accompanied by a national registry.

Without a registry, someone caught with a pre-existing firearm would have an automatic and usually airtight "Get Out Of Jail Free" card because he or she could simply claim that the firearm was purchased privately prior to the recording requirement, and either he/she lost the sales records or they never existed in the first place. The prosecution would then have to come up with nearly unequivocal evidence that this wasn't true, which would probably only be feasible in cases like, say, major Mafia prosecutions where Underling Kate is given total immunity so she'll testify against Big Boss Eddie. ("Yes, your honor, that pistol belonged to me before I sold it without a background check to the man sitting over there.") The requirement wouldn't become truly effective until everyone who was alive before the requirement was enacted has died off!

People who have read this forum probably know that I'm no Chicken Little; I'm usually the guy saying that we need to be optimistic and remain calm. However, I DO believe with near certainty that we're going to see a private sales background check proposal that essentially serves as a Trojan horse for a near-mandatory national registry. Wait and see.

[EDIT: See footnote below.]
"Smokey, this is not 'Nam. This is bowling. There are rules... MARK IT ZERO!!" - Walter Sobchak

Last edited by carguychris; January 10, 2013 at 03:07 PM.
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