FFL 01 exemptions
How does this proposed law affect Gunsmiths? They already are regulated the same under Federal Law.
A CPL has never been a substitute for a background check, possession of one just provides a waiver of he mandatory waiting period. CPL holders still have to fill out the forms and wait for the NICS check.
What I see this law doing is either eliminating private sellers from Gun Shows, making them a get together of Licensed Dealers and Jerkey sales people, or the show promoters will have to make provisions to have Law Enforcement man a booth to provide the necessary checks. Kind of like the "waiting room" area at Cabela's.
Like it or not, I think this law has a pretty good chance of being enacted.
Just making an observation that while gunsmiths are a type 1 FFL. If you have a type 1 FFL you are exempt from NICS check of private sales. USC 18 has some vague language regarding what is considered "conducting business", suffice to say if you are a part time weekend smith you could be at risk.
If you are a type 03 FFL and are engaged in transactions with another 03 FFL this bill will punish you for it. FFL type 03 is licensed by the Fed to engage in commerce but this bill makes it unlawful. How about internet sales to 03 FFL's which is also perfectly legal. For all the collectors out there, B.O.H.I.C.A. I do not think it is really enforceable, rather it creates a system that promotes disregard.
Then there is the whole privacy issue and what to do with the state generated permission slip after the block is checked.
What happens to my permission slip if NICS returns anything other that "proceed with sale" ?
So now I am thinking I should go get my 01 FFL I can make all the private sales I want with no NICS check.
That is in fact what the bill says.
This bill is supposed to be targeting "certain people", such as felons, minors, and involuntarily committed persons.
I'll buy you a steak dinner if you can convince me background checks of private sales (execept 01 FFL's) prevent sales to those "certain people".
~Whitney