No background checks at gun shows or on internet gun sales

[riffraff]

The strongest argument about private sales for me, easy for me to say of course because I live in a state with minimal laws concerning such, is the only legal transaction occurs between two residents of the same state..

Generally then any problems arising from such sales are isolated to the state which is allowing it.

Or in other words states can address background checks as they see fit and it should not be dictated down federally..

Some states have UBC (or permitting and reporting laws to accomplish the same) in place, and I have seen first hand people arguing about how important it is to have UBC when its already in place where they live.

Some anti gun types do understand a point made along these lines, ie people cannot legally go to another state and buy a gun without a background check, it's illegal by federal law and has been for some time.

But then background checks and many other such firearm regulations are dictated federally - illogical how that happened when the majority of the states would likely allow more lenient regulations than exist federally, but that is the awful precedent.

 

[Skans]

The same way Joe Biden can get away with calling AR-14's (sic) Machine guns and screaming "WHY DO YOU NEED 100 BULLETS!"

 

[44 AMP]

But then background checks and many other such firearm regulations are dictated federally - illogical how that happened when the majority of the states would likely allow more lenient regulations than exist federally, but that is the awful precedent.

It's not illogical, but its not exactly what you think it is.

Federal law, as it exists today, is not quite the top down national blanket check that advocates are proposing. It only applies to FFL dealers. It is within Fed authority because an FFL is a FEDERAL LICENSE.
Put another way, YOU or I are not required to have the check done (under Fed law), the DEALER is required to do it. It's a rule for them, not us.

Sales that do not go through an FFL, do NOT, under FEDERAL law, require a background check.

Various STATES have laws (now) that require ALL "transfers" to go through an FFL dealer. State law, not Federal law.

State laws that require going through an FFL so the check must be done are what make it a rule for us.

States that still allow private transfers without requiring going through an FFL dealer don't require background checks on those transfers. It's always been complicated, as not only are state and federal laws involved, State firearms laws have always been in a special class under federal law. The clearest example is with state licenses (specifically concealed carry permits).

Fed law requires every state to recognize and allow the permits, Licenses and "acts" of the other states, except for firearms laws. Every state honors other state's drivers licenses, and marriage licenses, but under existing federal law, they don't have to honor other states gun permits. States can choose to, or not, at their own discretion.

Am not a lawyer, that's how I understand it. If I'm incorrect, please enlighten me.

 

[zukiphile]

That's exactly right; currently UBCs are a state matter.

Fed law requires every state to recognize and allow the permits, Licenses and "acts" of the other states, except for firearms laws. Every state honors other state's drivers licenses, and marriage licenses, but under existing federal law, they don't have to honor other states gun permits. States can choose to, or not, at their own discretion.

There is a body of law surrounding where state sovereignty ends and FF&C begins. I'm not going to suggest that it is simple, clear or consistent.

Many licenses are not recognized across state lines except as a matter of state administration or voluntary recognition. KY and GA aren't obligated to accepted even the DLs of the drivers from the other state except that they've both agreed they will.

I do question whether there is a real public policy difference where one state wants to see eight hours of classroom "instruction", while a neighboring state may only require six. A two hour difference doesn't sound like much of a public policy difference at all.

I don't support a federal concealed carry license, but I would like to see something like the Driver License Agreement (a successor to the Driver License Compact), but for carry permits, amongst the states.