Top rights and control ideas

[discntnt_irny_srcsm]

Universal Background Checks
Every state has access to the FBI's NICS. Currently any and all federally licensed dealers are required to initiate a check via NICS either directly or through their state's means to do so. Currently most states prohibit individuals who are selling a gun from doing this.

This is what has been called the "Gun Show Loophole". Clearly a criminal seeking a gun can represent himself as eligible to an individual selling a gun and the seller generally has no way of determining anything contrary.

Does anyone have an opinion on UBCs and why?



Opening the NFA Registry
Current ATF rules require "For civilian possession, all machineguns must have been manufactured and registered with the ATF prior to May 19, 1986 to be transferable between citizens." There is no functional reason that a "machinegun" as defined by ATF of newer manufacture is any more dangerous at all. The only effect of this is to artificially and greatly increase the value of such items. Opening the registry is not a danger.

Does anyone have any thoughts?



PLCAA
Does anyone have some relevant reason as to why the manufacturers, distributors, marketers and sellers of firearms, ammunition and accessories should need to provide for their defense in lawsuits arising out of criminal use of their products in which they did not participate?

[friendly_iconoclast]

1. Open the NICS to non-FFL sellers, with a 'safe harbor' provision...

...where a seller that uses the NICS is immunized from civil and criminal liability
if a firearm sold legally is later used in a crime.

[Eleanors38]

2. This is a good proposal.

[discntnt_irny_srcsm]

3. Well speaking of liability...

...for those folks that are suing various gun sellers and makers, I believe there is at least one group, family or individual with actions against a party or parties to a sale where the NICS process was involved and followed and failed to stop the sale. Why is/are the FBI, state police or other involved agencies not named in the suit?

I like the idea of allowing law enforcement access so a seller can go to the local PD or sheriff and have the buyer cleared.

[Nuclear Unicorn]

4. If a straw purchaser provides a gun that is later used in an unlawful homicide the purchaser

can be subject to felony homicide charges. I'm thinking this would be akin to the charges leveled against a criminal who participates in a robbery where a victim or accomplice is killed even if they did not participate in the actual killing.

[discntnt_irny_srcsm]

5. Anyone who facilitates a crime by providing a means or any assistance in...

...the commission of a violent criminal act should face charges such as accessory, aiding and abetting, conspiracy and up to the same charges as leveled to the perpetrator. The type of charge should depend on their degree of participation in and knowledge of the crime.

As I understand it the problem with most charges like straw purchasing is that the straw dealers involved are offered immunity or greatly reduced charges in return for their help, testimony and/or information leading to the convictions of the other shooter, killers and perpetrators.

Often in cases of murder the only actual witness is the criminal. The conviction then hinges on connecting him to murder weapon. (The weapon itself can be generally be linked to the crime via forensics if it's recovered.) Smarter killers take forensic countermeasures like wiping prints, removing the ammo and discarding the gun. A straw buyer is sometimes the only link.

This sounds like a very good idea but I can also see some possible problems.