Hahaahahahahahaha Ummmm Errrrrrrr hahahahahaha
(I fully realize not all my posts are this mature and eloquent)
(I fully realize not all my posts are this mature and eloquent)
Rep. Elijah Cummings, D-Md., as well as Sens. Elizabeth Warren, D-Mass., and Brian Schatz, D-Hawaii, had commissioned the Government Accountability Office report to look into how online private dealers might be selling guns to people not allowed to have them.
Well I guess that puts an end to the undoubtedly-planned "Internet Loophole" press release from Cummings and Warren....Over the course of the two-and-a-half year investigation, agents tried to buy firearms illegally on the "Surface Web" and the "Dark Web," generally by sharing their status as "prohibited individuals" or trying to buy across state lines. But the GAO revealed that their 72 attempts outside of the dark web were all "unsuccessful."
That was what was requested of the ATF. The study was supposed to prove that dealers/sellers would willing sell to someone that they knew couldn't legally own a firearm. Supposedly the ATF already conducts tests where they attempt to purchase firearms at stores where the buyer will fail the background check....the study is flawed...
When the prospective buyer (i.e. GAO) was asked or told the seller if he was prohibited from buying a firearm, he told the seller that he was. Once the buyer told them that, there was close to a zero chance any responsible seller would be willing to sell a firearm to that buyer.
There is no "loophole". The law explicitly allows for private party sales without a BG check.thus will largely close the "private sales" loophole that currently lets plenty of prohibited persons get guns.
I would image the guy would be walking away with a handgun.I wonder what the success rate would be for a brand-new registered user at some gun website or buy/ sell/ trade site who shows up out of the blue (doesn't have any track record of posting or interacting with others) and replies to some ad for a concealable, modern, serious-caliber handgun.
What if this potential buyer doesn't volunteer any information about himself, or his purpose and intention for the weapon. He just says he wants one of that model (or type), and he's got the cash, and he'd like to buy it. He offers to meet face to face or take shipment of the gun to his home address (and, if asked, the address he gives is in the same state as the seller)?
Some private-party sellers would not sell a gun, or at least a handgun, to a person who doesn't have a GWL and is willing to let the seller take a quick peek at it.
But if this potential buyer is asked, he'll say he's willing to show his driver's license, but that he doesn't have any carry permit. Let's stipulate that if asked why not, he'll say that he only intends to carry or possess the gun in places where no license is needed (in Georgia, that would be one's own property, or a private passenger vehicle, or place of business).
Possibly. There are certainly those that will do a private sale on a pretty-much don't-ask, don't-tell type of policy. They likely don't have a significant impact on guns used to commit crimes vs. black market guns. Someday one of these private sales guns will end up being used in a mass shooting, the media will ram the story down our throats for days, and Congress will immediately draft legislation to close the private sale "loophole". I think that is the only way that the law will change in the current political climate.I would image the guy would be walking away with a handgun.
Theories without data are very progressive.I personally believe a lot of guns get to criminals by some person who knowingly sells it to a prohibited person. I am not saying the original gun owner is selling to a prohibited person.
I am saying after a multitude of private sales of the firearm to somebody where each person selling the gun sells it to someone a little let scrupulous as the prior owner it will eventually get to a person who doesn't care who they sell it to.
Can't prove it but that is my theory.
Failing to be prohibited by the stated requirements of the law is not a loophole. i.e. There is not an "I paid for it" loophole in shoplifting law. And person over the age of 21 purchasing alcohol (or firearms) is not using the "age of majority loophole". The legislature never intended to those things, or regulate private party sales.I used the word "loophole" more broadly, to say an exception in the law that defeats the purpose of the law; provision in the law that undercuts the value of the main body of the law.
"The findings were clear. Criminals do not engage in activities that would make them subject to any sort of a "universal" background check requirement or any of the other common proposals put forth by the anti-gun crowd.I personally believe a lot of guns get to criminals by some person who knowingly sells it to a prohibited person.
...
Can't prove it but that is my theory.