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Politics : View from the Center and Left -- Ignore unavailable to you. Want to Upgrade?


To: Ilaine who wrote (22399)6/27/2006 1:39:29 PM
From: JohnM  Read Replies (2) | Respond to of 543896
 
There's a federal law which prohibits persons convicted of domestic violence or under a restraining order for domestic violence from possessing guns of any kind.

Thanks. I had forgotten that but I actually had in mind something more restrictive, something that would kick in at the very beginning of the process of court/police action, that would get guns out of the equation.

I was aware of increased sentences for gun carrying in some other offense but wasn't aware they were state based. Again, I had in mind increasing the penalties. In all the cases you mention.

As for the Gun Show Loophole, I recall that there was a debate over that but not much about the specifics. All that should, of course, be closed down.

The biggest problem, of course, is a culture which says it's hunky dory to have guns around the house for self defense. But that's grown stronger over the years, not weaker. And will take some calamity to change it. I'm afraid.



To: Ilaine who wrote (22399)6/28/2006 6:56:57 PM
From: TimF  Respond to of 543896
 

There is a loophole, called the Gun Show Loophole


Not really. Oh it really is called that, but it isn't really a loophole related to gun shows. Private non-dealer sales don't require the same type of reporting and checking that a dealer has to do when he makes a sale. And gun shows make it easier for individuals to make sales to each other, but you can do it somewhere besides a gun show and the law doesn't act any differently than if you do the sale at a gun show.

Your link explains it.

"Despite what some media commentators have claimed, existing gun laws apply just as much to gun shows as they do to any other place where guns are sold. Since 1938, persons selling firearms have been required to obtain a federal firearms license. If a dealer sells a gun from a storefront, from a room in his home or from a table at a gun show, the rules are exactly the same: he can get authorization from the FBI for the sale only after the FBI runs its "instant" background check (which often takes days to complete). As a result, firearms are the most severely regulated consumer product in the United States -- the only product for which FBI permission is required for every single sale.

Conversely, people who are not engaged in the business of selling firearms, but who sell firearms from time to time (such as a man who sells a hunting rifle to his brother-in-law), are not required to obtain the federal license required of gun dealers or to call the FBI before completing the sale."

Tim