GannonFan wrote:CID1990 wrote:
So my Dad has a background check run on me when he's ready to pass all our guns to me in a couple years... guns I've been using since I was a kid... guns that are not registered with any entity up to this point
So in order to run this check on me, he has to do it through law enforcement (because hopefully you can see the problem with just having some website where you can run background checks on anybody just by saying you're thinking about selling them a gun)
Dad has to justify why he's checking law enforcement records to see if I can buy a gun, and in order to prove it, he has to give the particulars of the gun to law enforcement, which is a de facto registering of that gun.
Nobody will do this, because see above about gun registries. And there's no way you can pass a SCOTUS-approved way to make the penalty for non-compliance severe enough to deter noncompliance.
It doesn't have to be that way. The particulars of the guns wouldn't have to be spelled out - heck, it could be written that not even the quantity would need to be disclosed, just the collection as a whole would be fine. It's not a de facto registry, then, since there's no accounting for the serial number of the guns nor even the number of guns.
SCOTUS has already ruled that background checks are perfectly legit with regards to the Constitution so there's nothing that's going to stop that. A penalty that is sufficient enough to begin to deter noncompliance would be fine as well under the same logic - how is it Constitutional to have background checks required but then somehow unconstitutional to put penalties in place to help support that law? That's nonsensical.
Stop a second.
Think this through very carefully - then explain to me again how private citizens can do background checks on other private citizens where the only justification is a gun that may or may not exist.
Also, I'll add to the earlier post where it was suggested that we might pursue the novel idea of actually prosecuting the laws that we already have on the books - want to take a guess what happens to most gun possession charges? They get pled down- almost always, unless the local Fed prosecutor takes an interest, but their docket load is filled with lots of high profile stuff and unless you used the gun in a bank robbery they wont go after the case.
I pulled a LOT of guns off people in my day and maybe a half a percent of them saw any time.
Finally- related (but not related to this thread) - when we DO enforce our gun laws strictly, guess who winds up in prison disproportionately?
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