imported post
Citizen wrote:
But, I'm not convinced that we are not also forwardinga misplaced regulatory scheme. Shall not be infringed, as we say, CCW's being viewed by many as an infringement on a basic human right.
I understand the concern that a felon not get a weapon. But, when we say buy somewhere else Mr. Possible Felon, are we not also saying, buy somewhere else Mr.Possible GoodGuy. I'm certain the good guys out-number the bad guys by quite a bit.
Its not like the seller is dealing in guns, or deliberatelymaking a straw sale, orknowingly sellingto a felon. Its one thing to knowingly sell to a bad guy. Its something else to require fellowhuman beingsto comply with a regulatory scheme.
Its also another example of prior restraint.
Its one thing to hold someone else responsible for their misuse of a firearm. Its something else to hold yourself responsible fortheir misuse.
Basically, we aresort of doing the gun-grabbers jobfor them. Closing the private saleso-called loophole, albeit only a little.
What should residents of Alaska and Vermont do to ensure they are not selling to a felon?
"Shall not be infringed" and "prior restraint" refer to limitations placed on the
government, not on citizens. I can refuse to sell my gun to you for any reason or no reason. You look funny, you have a pro-Obama sticker, you got a booger in your 70's porno mustache.
For most, myself included, I think it is primarily a moral decision to try and keep guns out of the hands of those who cannot legally possess them. The liability issue is secondary. Fact of life is anyone can be sued for just about anything, and even if you "win" the process can ruin you financially as well as your reputation.
I agree the good guys outnumber the bad, but if I don't know you, you are going to need to prove yourself to me before you buy a gun from me. It is your choice, I've never had a problem finding a buyer who was willing to satisfy my requests. Not all the bad guys post "MUST by from an individual" in their ad, have "prison pallor", or any other obvious signs of shady history. Some of the nicest folks have felony records, you'd be surprised.
If I don't know you, I don't want to risk being sued or accused of a felony for putting a gun in your hand. A CPL tells me you passed a background check and a driver's license tells me you are most likely a state resident.
You do know it is a felony to sell/give a gun to someone who is a resident of another state right? US 18 922 says I can't give a gun to someone I know or have reason to believe is not a resident of the same state as me. Now if I don't know you and I don't have something to suggest you are a WA resident (such as a DL), it
could be argued that I "had reason to believe" you are not a WA resident. I don't need the hassle or the grief of dealing with the Feds. Ounce of prevention is worth a pound of cure.
As to the "unconstitutionality" of these laws, that is only an
opinion, and one that the courts have yet to agree with. Sure, at some point they
may be struck down, but only at that time will they actually be unconstitutional. The fact that someone disagrees with them doesn't make it so.
I don't see us as doing the gun grabbers job for them. I think the best way to maintain our rights and reduce infringement is to exercise them responsibly. Look at CA. - EVERY transfer has to go through an FFL. There are NO "private sales" as we know them. Let the number of guns turning up on felons who purchased them privately from "trusting" folk increase or have a few well publicized cases that have tragic outcomes and see how fast laws get pushed to "crack down" on private sales.
Being responsible and showing some diligence to keep guns away from those who can't legally possess them helps us, not hurts us. Vermont and Alaska aren't my problem, I am only concerned with WA.
And while the 14 yo may have ponied up the coin to buy the neighbors truck, he did not "own" it as you cannot legally own a motor vehicle in WA unless you are at least 18 years old. If you don't have a valid driver's license, DOL won't do a thing for you (register, title, etc.).