TexasCHLforum.com

ScottDLS wrote:

TVegas wrote:With my moderate understanding of how possession and title differ under the law, I would think that the whole issue could be circumvented by only requiring background checks on all transfers of title. If you loaned a gun to someone for use or safekeeping, you have only transferred possession, not title. If you give it to them for them to keep as their own, then that's a transfer of title. I know people will argue that this leaves too much room for interpretation, but this subject has been decided by courts for hundreds of years.

Of course I only say this in the event that universal background checks come up as a serious possibility in the legislature.

In that case what's the point of the universal background checks at all? How many people have committed crimes with guns they would have been denied through checks on private sales? I suspect very few. It IS a trojan horse an further advancement toward registration which will facilitate confiscation.

Also, it's arguably NOT a federal issue to interfere in non-FFL intrastate transfers. That's why it wasn't already in the GCA '68. I have no doubt today's SCOTUS would allow it, but it's still unconstitutional IMO.

No more federal gun legislation is needed. IMO there should be less, starting with the NFA.

I agree completely! I was not suggesting that as a reason to have universal background checks. I was simply offering a solution to some of the issues if they were ever forced on us.

However, I would have to disagree with the idea that very few crimes are committed with guns from private sales that would have been denied. Virtually all guns in crimes were obtained from friends or family that sold or gave guns to the criminal. Others were from street sales or stolen. Most criminals have long criminal histories. As a result, if those sales "required" background checks then they would likely be denied.

I'm not saying that would prevent anything though. We already know that criminals don't obey laws. Private sales that are used for crime would still go on regardless. That's when they would push for registration and later confiscation.

I'm agreeing with you though. We don't need any additional laws. Just better enforced ones.

With my moderate understanding of how possession and title differ under the law, I would think that the whole issue could be circumvented by only requiring background checks on all transfers of title. If you loaned a gun to someone for use or safekeeping, you have only transferred possession, not title. If you give it to them for them to keep as their own, then that's a transfer of title. I know people will argue that this leaves too much room for interpretation, but this subject has been decided by courts for hundreds of years.

Of course I only say this in the event that universal background checks come up as a serious possibility in the legislature.