Posts Tagged With: gun sales

Tim Kaine’s Gun Control Bill Is A Backdoor Ban On All Private Gun Sales….


A new gun control bill from Democratic Sen. Tim Kaine of Virginia appears to be nothing more than a backdoor ban on all private firearm sales in the U.S.

Kaine’s proposed law, entitled the “Responsible Transfer of Firearms Act,” places a criminal federal liability on anyone who transfers a firearm to an individual prohibited from possessing one by federal law, according to a fact sheet provided by Kaine’s office. Under current law, only federal firearms licensees (FFLs) are criminally liable if they sell a gun to a prohibited individual. Kaine’s law would extend that criminal liability to private individuals as well.

Sounds simple and uncontroversial, right?

Not really. The reason FFLs currently face criminal liablity for unlawful transfers is that they’re mandated by law to conduct or confirmbackground checks on all firearms sales (even sales at gun shows). All interstate sales between private residents must also be processed through an FFL in the buyer’s home state, and that process must include a federal background check. Sales between two private, non-FFL individuals who reside in the same state are the only major category of firearms transfers that are exempt from federal background checks (the reason for that exemption is obvious: there’s no federal or interstate commerce nexus).

In order to conduct those federal background checks, and to prevent themselves from being held criminally liable for selling guns to criminals, FFLs are granted access to the FBI’s NICS database. Before completing a sale, FFLs will contact the FBI, give them the information provided by the buyer on ATF form 4473, and the FBI will tell the FFL whether the buyer is cleared to purchase a gun.

While current federal gun law imposes a criminal liability only on those institutions with authority to conduct criminal background checks, Kaine’s bill does no such thing.

Instead, Kaine’s proposal criminalizes a private individual’s failure to conduct a federal background check while refusing to give that individual the right to conduct the federal background check in the first place. Kaine’s office confirmed that his bill does not give private individuals the authority or ability to conduct federal background checks in order to avoid the federal criminal liability imposed by his proposal. Federal law currently restricts NICS access to FFLs or state law enforcement agencies.

“[I]t does not give non-FFLs access to the [NICS] database,” Amy Dudley, Kaine’s communications director, told The Federalist via e-mail.

The legislative text of the proposed bill releases the criminal liability only if the seller “has taken reasonable steps to determine that the recipient is not legally barred from possessing firearms.” However, the most reasonable step available — conducting a background check via the same system used by FFLs — is not available to any private individuals.

Kaine’s gun control proposal is akin to an anti-speeding law which for some reason prohibits drivers from using speedometers to gauge their speeds.

Aside from virtually eliminating the private sales market in the U.S., Kaine’s gun control bill will also likely drive up profits for FFLs. If private individuals remain banned from conducting federal criminal background checks, they will be forced to process their transfers through FFLs, most of which charge hefty fees to process external sales.

The latest gun control effort from the junior senator from Virginia comes on the heels of the gun control movement’s failure in 2013 to enact so-called universal background checks. Rather than working to convince states to require background checks on all purchases, Kaine is doubling down on the gun control movement’s repeated failure to enact federal universal background checks.

Given that the 2013 gun control effort failed to garner the 60 votes necessary to end debate, it seems highly unlikely that a far more drastic proposal — a de facto ban on private, intrastate gun sales — would come anywhere close to passage.

Categories: 2nd Amendment, Bill of Rights | Tags: , , , , , , , | Leave a comment

Gun store owner cancels Mark Kelly’s AR-15 purchase……


An Arizona gun store owner says he will not sell Mark Kelly the AR-15 rifle that the vocal advocate for tighter gun control bought earlier this month.
The manager of the Tucson, Ariz., store where Kelly, husband of former U.S. Rep. Gabrielle Giffords, bought the firearm has said that he will not complete the March 5 transaction, according to a statement posted on Facebook.

“While I support and respect Mark Kelly’s 2nd Amendment rights to purchase, possess, and use firearms in a safe and responsible manner, his recent statements to the media made it clear that his intent in purchasing the Sig Sauer M400 5.56mm rifle from us was for reasons other then [sic] for his personal use,” Douglas MacKinlay, owner of Diamondback Police Supply, said in the post.

The store was required to hold the rifle purchased by Kelly for 20 days, MacKinlay told the Associated Press after Kelly purchased the firearm.
“He is a U.S. citizen, an Arizona citizen expressing his Second Amendment rights to purchase and own a firearm,” MacKinlay told the AP at the time.
The gun store owner said in his statement posted on Monday that he had reconsidered the sale. MacKinlay did not immediately respond to a request for comment on Tuesday morning.
“In light of this fact, I determined that it was in my company’s best interest to terminate this transaction prior to his returning to my store to complete the Federal Form 4473 and NICS [National Instant Criminal Background Check System] background check required of Mr. Kelly before he could take possession of this firearm,” MacKinlay said in the statement.
The store sent Kelly a refund last Thursday, according to the statement. Kelly, an astronaut, has promoted tighter gun control since his wife, Giffords, was shot in the head at point-blank range by Jared Loughner in 2011.
The couple launched a new national campaign in January to combat gun violence. Americans for Responsible Solutions was launched “to encourage elected officials to stand up for solutions to prevent gun violence and protect responsible gun ownership.”
Kelly, who is a gun owner, has said his purchase was meant to demonstrate how easy it is to buy a semi-automatic rifle.

Categories: 2nd Amendment | Tags: , , , , , , , , , , , | Leave a comment

25 facts that the mainstream media doesn’t really want to talk about right now…


#1 The mainstream media doesn’t really want to talk about the fact that gun sales are absolutely skyrocketingin the aftermath of the horrific tragedy at Sandy Hook Elementary School.

#2 The mainstream media doesn’t really want to talk about the fact that disarming the population has resulted in some of the most horrific massacres in human history. The following is from the Warrior Times…

1911 – Turkey disarmed it’s citizens, and between 1915 – 1917 they murdered 1.5 million Armenians.

1929 – Russia disarmed it’s citizens, and between 1929 – 1953 they murdered 20 million Russians.

1935 – China disarmed it’s citizens, and between 1948 – 1952 they murdered 20 million Chinese.

1938 – Germany disarmed it’s citizens, and between 1939 – 1945 they murdered 16 million Jews.

1956 – Cambodia disarmed it’s citizens, and between 1975 – 1977 they murdered 1 million Educated people.

1964 – Guatamala disarmed it’s citizens, and between 1964 – 1981 they murdered 100,000 Mayan Indians.

1970 – Uganda disarmed it’s citizens, and between 1971 – 1979 they murdered 300,000 Christians.

#3 The mainstream media doesn’t really want to talk about the fact that a bill allowing for the “indefinite military detention of US citizens on American soil” was passed by the U.S. Senate on Friday.

#4 The mainstream media doesn’t really want to talk about the fact that volcanoes all along the Ring of Fire are roaring to life. It seems like a new eruption is being reported every few days now. In fact, a red alert has just been issued for a massive volcano that sits along the border between Chile and Argentina.

#5 The mainstream media doesn’t really want to talk about the fact that the use of genetically engineered seeds has caused on explosion of new “super weeds” that are incredibly difficult for farmers to kill.

#6 The mainstream media doesn’t really want to talk about the fact that renowned trends forecaster Gerald Celenteis predicting a “financial disaster” in 2013.

#7 The mainstream media doesn’t really want to talk about the fact that it is easier to get into Harvard than it is to get a job as a flight attendant in America today.

#8 The mainstream media doesn’t really want to talk about the fact that nearly 400 TSA employees have been fired for stealing from travelers since 2003.

#9 The mainstream media doesn’t really want to talk about the fact that giant corporations such as Facebook are funneling gigantic amounts of money through offshore banking havens such as the Cayman Islands in an effort to avoid taxes.

#10 The mainstream media doesn’t really want to talk about the fact that the U.S. dollar is in danger of losing its status as the primary reserve currency of the world.

#11 The mainstream media doesn’t really want to talk about the fact that Barack Obama has gone off to vacation in Hawaii while the rest of the nation hopes for a fiscal cliff deal to get done. Of course the mainstream media has to mention that he is on vacation because they always keep track of what the president does, but they are not making a big deal out of it because they love Obama. And it sounds like Obama is having quite a good time on his little vacation…

The president is expected to indulge in some of his favorite pastimes on the island where he was born and raised: golf, an expedition for the local treat “shave ice,” and an evening out with family and friends. He hit the links at the nearby Marine Corps base under sunny skies on Saturday afternoon.

#12 The mainstream media doesn’t really want to talk about the fact that there are government websites that give immigrants instructions about how to come over to our country and apply for welfare.

#13 The mainstream media doesn’t really want to talk about the fact that the U.S. economy is losing millions of jobs to nations where it is legal to pay workers slave labor wages. The mainstream media is totally married to the one world economic agenda that their corporate owners make so much money from, and so they say nothing as a steady stream of businesses and jobs continue to leave the country.

#14 The mainstream media doesn’t really want to talk about the fact that the recent tax increase is causing large numbers of wealthy individuals to consider moving out of the state of California.

#15 The mainstream media doesn’t really want to talk about the fact that hunger and poverty are absolutely exploding in the United States at the same time that they are telling us that the economy is “recovering”.

#16 The mainstream media doesn’t really want to talk about the fact that North Korea now has a three-stage rocket with enough range to potentially hit the western United States.

#17 The mainstream media doesn’t really want to talk about the fact that the United States Postal Service is losing25 million dollars a day and is on the verge of financial collapse.

#18 The mainstream media doesn’t really want to talk about the fact that our biggest oil supplier in the Middle East, Saudi Arabia, still kills people for changing religions.

#19 The mainstream media doesn’t really want to talk about the fact that political correctness is taking over America. The truth is that the media does not see any problem with that at all.

#20 The mainstream media doesn’t really want to talk about the fact that nearly half a million employees of the federal government are making more than $100,000 a year.

#21 The mainstream media doesn’t really want to talk about the fact that the birth rate in the United States fallen to an all-time low. The elite are actually absolutely thrilled that less babies are being born.

#22 The mainstream media doesn’t really want to talk about the fact that violent crime in the United States increased by 18 percent in 2011 and that many major U.S. cities are seeing violent crime totally spiral out of control.

#23 The mainstream media doesn’t really want to talk about the fact that Barack Obama received more than 99 percent of the vote in more than 100 precincts in Ohio on election day.

#24 The mainstream media doesn’t really want to talk about the fact that during the first four years of the Obama administration, the U.S. national debt grew by about as much as it did from the time that George Washington took office to the time that George W. Bush took office.

#25 The mainstream media doesn’t really want to talk about the fact that the Federal Reserve created the conditions for the last financial crisis and their mismanagement of the economy has now brought us to the verge of another horrible economic downturn. According to the mainstream media, the Federal Reserve is “above politics” and should not be criticized.

Categories: Politics | Tags: , , , , , , , , , , , , , , , | 1 Comment

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