Internet Sales

[Syntyr]

This what Toomey "says" the bill says... I will believe it when I see it...

Bottom Line: The Public Safety and Second Amendment Rights Protection Act would require states and the federal government to send all necessary records on criminals and the violently mentally ill to the National Instant Criminal Background Check System (NICS). The bill extends the existing background check system to gun shows and online sales.

The bill explicitly bans the federal government from creating a national firearms registry, and imposes serious criminal penalties (a felony with up to 15 years in prison) on any person who misuses or illegally retains firearms records.

TITLE ONE: GETTING ALL THE NAMES OF PROHIBITED PURCHASERS INTO THE BACKGROUND CHECK SYSTEM

Summary of Title I: This section improves background checks for firearms by strengthening the instant check system.

• Encourage states to provide all their available records to NICS by restricting federal funds to states who do not comply.

• Allow dealers to voluntarily use the NICS database to run background checks on their prospective employees

• Clarifies that submissions of mental health records into the NICS system are not prohibited by federal privacy laws (HIPAA).

• Provides a legal process for a veteran to contest his/her placement in NICS when there is no basis for barring the right to own a firearm.

TITLE TWO: REQUIRING BACKGROUND CHECKS FOR FIREARM SALES

Summary of Title II: This section of the bill requires background checks for sales at gun shows and online while securing certain aspects of 2nd Amendment rights for law abiding citizens.

• Closes the gun show and other loopholes while exempting temporary transfers and transfers between family members.

• Fixes interstate travel laws for sportsmen who transport their firearms across state lines in a responsible manner. The term "transport" includes staying in temporary lodging overnight, stopping for food, buying fuel, vehicle maintenance, and medical treatment.

• Protects sellers from lawsuits if the weapon cleared through the expanded background checks and is subsequently used in a crime. This is the same treatment gun dealers receive now.

• Allows dealers to complete transactions at gun shows that take place in a state for which they are not a resident.

• Ensures that sales at gun shows are not prevented by delayed approvals from NICS.

• Requires the FBI to give priority to finalizing background checks at gun shows over checks at store front dealerships.

• Authorizes use of a state concealed carry permit instead of a background check when purchasing a firearm from a dealer.

• Permits interstate handgun sales from dealers.

• Allows active military to buy firearms in their home states.

• Family transfers and some private sales (friends, neighbors, other individuals) are exempt from background checks

• Adds a 15 year penalty for improper use or storage of records.

TITLE THREE: NATIONAL COMMISSION ON MASS VIOLENCE

Summary of Title III: : This section of the bill creates a commission to study the causes of mass violence in the United States, looking at all aspects of the problem, including guns, school safety, mental health, and violent media or video games.

The Commission would consist of six experts appointed by the Senate Majority Leader and six experts appointed by the Speaker of the House. They would be required to submit an interim report in three months and a completed report in six months.

WHAT THE BILL WILL NOT DO:

The bill will not take away anyone's guns.

The bill will not ban any type of firearm.

The bill will not ban or restrict the use of any kind of bullet or any size clip or magazine.

The bill will not create a national registry; in fact, it specifically makes it illegal to establish any such registry.

The bill will not, in any way at all, infringe upon the Constitutional rights of law-abiding citizens.

[Syntyr]

I am sure TAM would be more eloquent then I but here is my perspective
........................................
• Closes the gun show and other loopholes while exempting temporary transfers and transfers between family members.
Well this seems to eliminate private sales except between family members. For this reason alone I say NO!

• Fixes interstate travel laws for sportsmen who transport their firearms across state lines in a responsible manner. The term "transport" includes staying in temporary lodging overnight, stopping for food, buying fuel, vehicle maintenance, and medical treatment.
I like this but will not compromise of private sales to get it!

• Protects sellers from lawsuits if the weapon cleared through the expanded background checks and is subsequently used in a crime. This is the same treatment gun dealers receive now.
If this language is in there then I suspect there is language in there defining a penalty for those who sell a firearm without using a background check!

• Allows dealers to complete transactions at gun shows that take place in a state for which they are not a resident.
ok

• Ensures that sales at gun shows are not prevented by delayed approvals from NICS.
ok

• Requires the FBI to give priority to finalizing background checks at gun shows over checks at store front dealerships.
hmmmmm

• Authorizes use of a state concealed carry permit instead of a background check when purchasing a firearm from a dealer.
That's the way it is in Texas now...

• Permits interstate handgun sales from dealers.
Umm hate to burst their bubble but I can do this now

• Allows active military to buy firearms in their home states.
ok

• Family transfers and some private sales (friends, neighbors, other individuals) are exempt from background checks
Yeah lets see the text of the bill...

• Adds a 15 year penalty for improper use or storage of records.
Bet ya the only person this bites is the FFL

[sjfcontrol]

• Permits interstate handgun sales from dealers.
Umm hate to burst their bubble but I can do this now

Um, I don't think you can. I'm guessing they're not talking about ordering from an out-of-state vendor (and sending the gun to a FFL in your home state). They're talking about a face-to-face purchase in a store not in your home state (and taking the gun with you). I don't believe that is currently allowed.

[Syntyr]

• Permits interstate handgun sales from dealers.
Umm hate to burst their bubble but I can do this now

Um, I don't think you can. I'm guessing they're not talking about ordering from an out-of-state vendor (and sending the gun to a FFL in your home state). They're talking about a face-to-face purchase in a store not in your home state (and taking the gun with you). I don't believe that is currently allowed.

You may be correct. This is why we need the actual text of the bill!!!

Situation 1 - I purchase a handgun from a dealer out of state and have it sent to my FFL in Texas. He process the gun and gives it to me. CHL no NICS check or with no CHL and running a NICS check. Thats what I interpeted. I have done this 3 times this year...

Situation 2 - Purchasing a hundgun while I am in another state on vacation. Not sure about this one.

[Mike1951]

The actual text is here:

http://www.toomey.senate.gov/?p=press_release&id=968" onclick="window.open(this.href);return false;

[C-dub]

So what would stop a fed from just posing as a buyer on Craislist and pop on the cuffs when the seller who is selling his own gun hands over the gun without an FFL? They don't need anyone to keep records to do that.

If he's close enough to slap the cuffs on someone then I would think that would be a FTF sale and it sounds like that will be okay. Just because two people communicate and agree upon a price via the internet dos not equal a sale. The actual sale still takes place in person. They may be going after sales that are shipped and something like Paypal is used, but it might not even be that. They may mean more commercial type internet sales. We just don't know yet. That's my take on it so far and I still don't like it because I don't trust them.

[MasterOfNone]

From the full text linked above, this paragraph is added to The NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note)

(t)(1) Beginning on the date that is 180 days after the date of enactment of this subsection and except as provided in paragraph (2), it shall be unlawful for any person other than a licensed dealer, licensed manufacturer, or licensed importer to complete the transfer of a firearm to any other person who is not licensed under this chapter, if such transfer occurs-
(A) at a gun show or event, on the curtilage thereof; or
(B) pursuant to an advertisement, posting, display or other listing on the Internet or in a publication by the transferor of his intent to transfer, or the transferee of his intent to acquire, the firearm.
(2) Paragraph (1) shall not apply if-
...
(B) the transfer is made between an unlicensed transferor and an unlicensed transferee residing in the same State, which takes place in such State, if-
(i) the Attorney General certifies that State in which the transfer takes place has in effect requirements under law that are generally equivalent to the requirements of this section; and
(ii) the transfer was conducted in compliance with the laws of the State;

So any gun posted online would count as an Internet sale, but it does not apply if you sell to someone living in the same state. But the red line has me concerned. Does "generally equivalent" mean the state must require a NICS check for private transfers?

[K.Mooneyham]

So they pass this law. And does anything stop "gangstas" or other criminal elements from posting a listing on Craigslist or what-have-you with something like this: "Got a fine heater for sale. Warm you up real good. Too warm for me, but maybe good for you. Hit me up if you are interested". Yeah, I know that sounded cheesy, but I think you get the point.

[tbrown]

They need a catchy advertising campaign. If I can make a suggestion.