Pennsylvania Firearm Owners Association
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  1. #1
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    Default What if anyone could do a background check?

    I know not everyone agrees with the concept of background checks in general, but while brainstorming some ideas related to the "gun-show loophole" it made me wonder why background checks can't be done by private sellers. If I'm not mistaken, the current PICS/NICS system can only be used by licensed dealers. Wouldn't it make sense to allow some access to private sellers, who want to do the check on their buyers without having to pay a dealer to act as a middleman?

    I figure if anyone could call in a request it would slow down the current system too much, but given the technology we have today, why not make some sort of internet check system? My idea would work something like this. Anyone could sign up for the website and request a background check of themselves. It's processed the same way the current system is, but the user receives a notification with a validation code that is good for a certain amount of time (24 hours, end of day, etc.). The seller requests the buyers validation code and enters it into the website, where it brings up that persons information and the pass/fail notice for that check. Once the information is accepted, the validation code can become invalid.

    I'm sure there would be some issues to work out, but the way I see it, this wouldn't have too many drawbacks. The check would still need to be done by a person, but it would at least free up phone lines. And since the system could be used for more than just gun sales, it can't function as a "registry" by tracking users. By forcing the person being checked to initialize it, it also keeps others from doing checks on random people.

    A system like this could help shut up the "loophole" people by creating a system for non-dealers to do checks at gunshows or other private sales that currently isn't possible. I don't think it should be required, but I wouldn't have a problem using it as either a buyer or seller if it meant peace of mind and could stop possible legal issues. What do you guys think? And who would need to be contacted to actually create something like this?

  2. #2
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    Default Re: What if anyone could do a background check?

    Interesting idea.

  3. #3
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    Laporte, Pennsylvania
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    Default Re: What if anyone could do a background check?

    I love it! Can you call off the gun lobby now! Really though. Why not? The gun dealer can call and know it is cool in 2 seconds (err.. a few months back-anyways) Why can't we police ourselves? I know I would feel better calling in every trade or trade-in. How do I know the pistol I traded -in to the gun shop ever got pics'd off to the next buyer!? I want to know my name is off it!
    (sorry bout all the !! but I thought about the same thing and wonder if any gun shop kept me as the primary owner)

  4. #4
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    Default Re: What if anyone could do a background check?

    One "drawback" is the police won't be able to show up when the person is denied and has a warrant for their arrest....

  5. #5
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    Chambersburg, Pennsylvania
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    Default Re: What if anyone could do a background check?

    What's would keep private individuals from repeatedly calling to check out people just to be nosy?
    Get your "Guns Save Lives" stickers today! PM for more info.

  6. #6
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    Default Re: What if anyone could do a background check?

    the background check does not guarentee that its "out of your name" The "sales data base" is a seperate system.

  7. #7
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    Default Re: What if anyone could do a background check?

    A number of sellers don't really give a crap if the law bars a particular buyer from possessing a firearm. This idea only works for sellers who care about the consequences of their actions.

    Now, if the system gave ordinary folks an approval number, and that approval number exempted the seller from liability if the buyer turned out to be a prohibited person, then it becomes a matter of self-interest. If the law said "sell to a prohibited person and go to jail, unless you have an approval number and you checked his ID", then it would have some impact.

    Of course, most criminals buy stolen guns anyway, or they use straw buyers, so at the end of the day, not much effect on crime.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  8. #8
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    Philadelphia, Pennsylvania
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    Default Re: What if anyone could do a background check?

    You can do a basic check using sites like www.beenverified.com, it's not free but cheap enough.

  9. #9
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    Default Re: What if anyone could do a background check?

    Thanks for the input so far. I figured I'd share the idea and see how others in the community felt about it.

    Quote Originally Posted by GunLawyer001 View Post
    A number of sellers don't really give a crap if the law bars a particular buyer from possessing a firearm. This idea only works for sellers who care about the consequences of their actions.

    Now, if the system gave ordinary folks an approval number, and that approval number exempted the seller from liability if the buyer turned out to be a prohibited person, then it becomes a matter of self-interest. If the law said "sell to a prohibited person and go to jail, unless you have an approval number and you checked his ID", then it would have some impact.

    Of course, most criminals buy stolen guns anyway, or they use straw buyers, so at the end of the day, not much effect on crime.
    I honestly don't think this would eliminate any straw purchases, and I know not everyone would use, but I do think it's dumb that there is no current way for a private seller to do a background check. The liability thing was part of my thinking, and I know a lot of people would feel better about doing private sales if they had some way of checking.

    Quote Originally Posted by spartakis252 View Post
    One "drawback" is the police won't be able to show up when the person is denied and has a warrant for their arrest....
    Quote Originally Posted by gnbrotz View Post
    What's would keep private individuals from repeatedly calling to check out people just to be nosy?
    My thought was that the check would be initiated by the person being checked. You couldn't just check someone else randomly, only give them the verification once it had gone through. Since the check would be done before a sale took place, I don't think there would be any legal troubles if it came up failed. I don't think it's the same as lying on the paperwork, since there is no paperwork for a private sale.

    I also assume there would be some cost involved, just like a regular PICS/NICS check, which would be paid by the buyer when they do the check. That would keep people from just randomly doing checks to slow the system.
    The system could also be used pre-purchase for normal sales or gun shows. As a buyer you could do the check before the show, and it gives you a verification good for a few hours or whatever, and when you find something at the store/show they enter your verification and you're good to go. No waiting on the phone to recheck, just type it into the computer and you're good to go. The NICS/PICS system is out of date anyway. It needs a 21st century upgrade.

  10. #10
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    Default Re: What if anyone could do a background check?

    First off,the real goal of closing the "gun show loophole" is to regulate all sales.Not only WHO bought a gun but WHAT gun they purchased. Why do you think all the talk about tracking firearms lately ?
    This amounts to registration. This has always been the precursor to confiscation,the end game of the hoplophobes.
    The anti Liberty forces have always wanted the data base of who has what. Look at what happened to England. By the time the confiscation started,gun owners had no choice. The police knew what they had,just bring it in to be crushed please.

    Another thing to consider,if you are selling firearms and calling this database they will have a record of you selling firearms WITHOUT A LICENSE (FFL)

    While it is OK to make occasional sales,there is no clear cut definition of occasional. One or two sales a year ? What if you want to sale a large part of your collection to finance other things or pay bills ?

    The BATmen have come down hard on people in the past,and with the obambots in charge their behavoir will only get worse.

    Would you be setting yourself up by calling this insta check number ?

    Ivan was opposed to the insta check from the beginning and is still against it.
    Do you have to call a phone number before you practice your religion or write a letter to your congress critter ?

    Has any gun control measures actually done anything to reduce crime ?

    It is not about GUNS,it is about CONTROL !

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