Background Checks

I was watching several of Tom's videos and he mentioned in one that he is OK with background checks before purchasing at a local gun store to keep criminals from buying guns. Since buying my first gun a few months ago and reading posts, blogs, articles, etc. of other gun rights advocates since then, it seems most in the gun rights camp agree with Tom but they are opposed to background checks at gunshows. I am curious as to the reason why many agree with them at gun stores but not gun shows. Please do not take this as me challenging anyone's gun rights, it just seems odd to support the checks in one situation and not the other. I assume most people would be all (background checks at both stores and shows) or none (no background checks).

There are several reasons many of us are opposed to requiring background checks for private person sales that are the bread and butter of gun shows.

Costs - who is going to pay for the background checks? When purchasing a gun at a dealer the cost of the check is usually factored into the price of the gun. Most of the legislation being tossed around now about closing the so called "gun show loophole" includes wording for charging for the background checks.

Record keeping - every gun purchased at a gun store is recorded on a ATF-4473. Do you really want to have to fill out one of those forms to sell a gun to your brother? Keep in mind that those records must be retained by law for at least 20 years.

Precedent - The moment we allow the government to intrude on a private person sale (which is really what a gun show sale is) for firearms, where does it stop? Can you imagine having to go to the police station and then the DMV to sell a car to your buddy or on Craig's list?

Commerce Clause of the Constitution - It does not give the Federal government the ability to intrude in on and regulate EVERY financial transaction simply because the item was at one time involved in interstate commerce.

Taxes - the moment you report a private person sale to the Federal government, how long do you think it would take for the IRS to get involved and require the seller to pay taxes on that income? Can you imagine having to fill out a 1099 in addition to a 4473 for every firearm sale you make?

Preference - I can not speak for others that sell firearms, and I do not sell firearms at gun shows (I only buy them). However, when I sell a firearm to a person for any reason, I require that the have a valid CCW permit before I will sell it to them. That is a choice I have made, and it is my personal policy only. No permit = no transaction.

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Originally Posted by norahc

Commerce Clause of the Constitution - It does not give the Federal government the ability to intrude in on and regulate EVERY financial transaction simply because the item was at one time involved in interstate commerce.

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This is a really good point.

People should study the 10th amendment.

Not to mention the fact, that criminals will still aquire guns without background checks, just as they have always done, and just as easily!

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Originally Posted by Robomick

This is a really good point.

People should study the 10th amendment.

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Actually, they should study the entire Constitution...it seems to be woefully misunderstood and/or ignored in today's society and governments.

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Originally Posted by norahc

Actually, they should study the entire Constitution...it seems to be woefully misunderstood and/or ignored in today's society and governments.

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You nailed it norahc! you've explained it to a tee.

Thanks MP Gunther