background checks

It depends. All gun sales have to go through NICS, the National Instant Criminal Check System. The exception is concealed carry permit holders in states where the holders meet certain criteria. I believe that criteria is that all permit holders in the state are actually run through NICS at certain intervals, but I am not sure.

NICS checks other databases for things like arrests, convictions, involuntary mental commitment etc that would make you a prohibited person. It can come back with a proceed, a deny, or a delay (which may fall into several sub categories). Typically, if you get a delay, the store is allowed to transfer the firearm to you after 3 days, meaning they typically have that amount of time to investigate it further before the store can give it to you and they may have to take action to get it back if the check comes back denied. This is what happened in the Roof shooting in Charleston. I worked at a big chain store (Academy) for a while, and our policy was not to transfer any guns without a clear proceed, even if the law said we could transfer on a delay. Stores can sell to whomever they want based on their own conditions, and that was one of ours.

Guns are not registered. The information is collected for a check, but this information only includes your identifying information and the type of firearm(s) (handgun, long gun, other). The information, including manufacturer, model, caliber and serial number is recorded on the form 4473.

The form 4473 has your identifying information, physical attributes, legal questions (are you a felon, do you use illegal drugs, have you renounced your citizenship, do you have a protective order against you etc), attestation that you've provided correct information, seller's information etc. This is not sent to an agency or database, but has to be kept with the dealer for 20 years and may be viewed as part of a regular inspection or if needed in connection to a crime.

Here is an article I wrote explaining some about the process http://www.goodgamehunting.com/where-does-your-information-go-when-you-buy-a-gun-in-the-us/

Indiviso states may have their own laws including background checks, registration, ownership licenses, licenses to buy ammo etc but they are in the minority. Most states are not significantly stricter than federal law
 
It should also be mentioned that so-called private sales between individuals are exempted from the NICS check. I can sell a gun to another resident of my state without it. The law simply states (and I'm paraphrasing) that I must reasonably believe that the buyer is not prohibited from owning, possessing, buying a gun.
 
Correct, under Federal law. The most recent mass shooting happened in a state where all private sales must go through background checks. Ironically, all of the shooters they posted about in the original article bought their guns at a gun store after passing a federal background check... yet they attack private sales.
 
It should also be mentioned that so-called private sales between individuals are exempted from the NICS check. I can sell a gun to another resident of my state without it. The law simply states (and I'm paraphrasing) that I must reasonably believe that the buyer is not prohibited from owning, possessing, buying a gun.
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In Mississippi and most other states but not all. In Oregon, location of the latest mass shooting, I understand that they recently outlawed private gun sales and some states require background checks for all gun sales.
 
They attack private sales because they believe that the average law abiding gun owner simply sells their guns willingly to criminals.
 
They are attacking private sales because registration is their desired result, with confiscation the end. Never let a manufactured crisis go to waste, you know.
 
They are attacking private sales because registration is their desired result
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That's the long-term strategy, but they know they can't sell it to politicians just yet.

In the meantime, it's about background checks. Never mind that the existing system hasn't been shown to reduce gun crime one bit.

Really. There's no evidence. But we've had it for 17 years now, and everybody's accustomed to believing that background checks...do something.

With that perception lodged in the public's minds, it's easy to rewrite history while nobody's checking and claim that there's a "loophole" under which 40% of sales are sold through a nebulous black market that arms violent criminals and wife beaters. Never mind that the 40% number is total bunk, taken from a study conducted three years before we even had background checks.

Never mind that these mass shooters all bought their guns in retail transactions and passed a background check.

Nope. We still need more background checks. We need background checks on the background checks.

Proponents know their efforts aren't going to solve anything. That's not the point. "Universal background checks" are a way of laying the groundwork.

When the violence continues, we'll have calls for purchase limits. Notice the media is asking how the Oregon shooter got omgthirteenguns. Who needs thirteen guns? Or ten? Or five? Or two?

When that's not enough, we'll need "stricter enforcement on background checks." That'll be registration. Expect a push for Australian-style buybacks ("it's not a ban. Nobody's coming for your guns.") after that.

What bugs me most is that we as a society are utterly ignoring any other possible solution. The anti-gun movement has raised their voices so loudly that their efforts drown out any other proposals.
 
Just re-read post #9 above.

Usually I like to quote the parts of a comment I like but it's the whole thing.
 
Guns are not registered. The information is collected for a check, but this information only includes your identifying information and the type of firearm(s) (handgun, long gun, other). The information, including manufacturer, model, caliber and serial number is recorded on the form 4473.
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I am from Tennessee and it is one of the states that this is not the case for. I do not know if the TBI keeps the information somewhere, but when a firearm is purchased here the make, model, caliber, and serial number are also input into the system as well as written on the 4473. This may just be for verifying the serial number does not come up as stolen though.
 
I do not know if the TBI keeps the information somewhere, but when a firearm is purchased here the make, model, caliber, and serial number are also input into the system
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I'm not sure what information Tennessee's system retains, but Oregon's new system appears to have a backdoor registration scheme.

After all, that is the only way to ensure compliance with a law mandating background checks on private sales.
 
After all, that (having register of the gun's owner and the gun's serial number) is the only way to ensure compliance with a law mandating background checks on private sales.
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Yes! A key point we MUST remember!

And as was mentioned in post #9 this will not stop mass shootings. Several mass shooters passed background checks including the last one.
 
Tom Servo said:
That's the long-term strategy, but they know they can't sell it to politicians just yet.

In the meantime, it's about background checks. Never mind that the existing system hasn't been shown to reduce gun crime one bit.

Really. There's no evidence. But we've had it for 17 years now, and everybody's accustomed to believing that background checks...do something.

With that perception lodged in the public's minds, it's easy to rewrite history while nobody's checking and claim that there's a "loophole" under which 40% of sales are sold through a nebulous black market that arms violent criminals and wife beaters. Never mind that the 40% number is total bunk, taken from a study conducted three years before we even had background checks.

Never mind that these mass shooters all bought their guns in retail transactions and passed a background check.

Nope. We still need more background checks. We need background checks on the background checks.

Proponents know their efforts aren't going to solve anything. That's not the point. "Universal background checks" are a way of laying the groundwork.

When the violence continues, we'll have calls for purchase limits. Notice the media is asking how the Oregon shooter got omgthirteenguns. Who needs thirteen guns? Or ten? Or five? Or two?

When that's not enough, we'll need "stricter enforcement on background checks." That'll be registration. Expect a push for Australian-style buybacks ("it's not a ban. Nobody's coming for your guns.") after that.

What bugs me most is that we as a society are utterly ignoring any other possible solution. The anti-gun movement has raised their voices so loudly that their efforts drown out any other proposals.
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Why not just pass a law banning murder?
 
Why not just pass a law banning murder?
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Good point!

The anti-gun folk are exasperating with their lack of logic.

I sometimes think if you pointed out the fact that murder was ALREADY illegal they might think about it for a moment and propose a new law to make breaking old laws illegal and go home smug in the knowledge they had 'done something' to solve the problem.
 
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