"Apparently, none of these problems created the kind of criminal record that would have barred Mr. Poplawski from legally purchasing firearms. But even if he had such a record, he easily could have vaulted that barrier because of the loophole that exempts gun show dealers from doing background checks -- and 40 percent of the gun sales in this country are conducted at gun shows."emphasis added If you had no knowledge of gun shows you would believe from the article that "gun dealers" do not have to run a background check on their sales at a gun show. This is blatantly false.
Under the Gun Control Act of 1968 (GCA), firearm dealers with a Federal Firearms License (FFL) were prohibited from doing business at gun shows (they were only permitted to do business at the address listed on their license). That changed with the enactment of the Firearm Owners Protection Act of 1986 (FOPA), which allows FFLs to transfer firearms at gun shows provided they follow the provisions of the GCA and other pertinent federal regulations. The ATF reports that between 50% and 75% of the vendors at gun shows possess a Federal Firearms License.<2>
***snip***
The term "Gun Show Loophole" has been contentious with gun rights advocates, however. They claim there is no "loophole," only a long-standing tradition of free commerce between private parties that heretofore has not been restricted in the context of secondary, intrastate firearm sales.<10><11> Furthermore, they argue that the term "Gun Show Loophole" is misleading, as private firearm sellers are not required to perform background checks regardless of location—whether they are at a gun show, a flea market, their home, or anywhere else. They also challenge federal jurisdiction in intrastate transactions between private parties, which they argue exceeds the federal power created by the Commerce Clause.<12>
http://en.wikipedia.org/wiki/Gun_shows_in_the_United_States It would be fair for the newspaper to argue that private sales at a gun show do not require a background check
except in some states.
Presently, 17 states regulate private firearm sales at gun shows. Seven states require background checks on all gun sales at gun shows (California, Rhode Island, Connecticut, Oregon, New York, Illinois and Colorado). Four states (Hawaii, Maryland, New Jersey, and Pennsylvania) require background checks on all handgun, but not long gun, purchasers at gun shows. Six states require individuals to obtain a permit to purchase handguns that involves a background check (Massachusetts, Michigan, North Carolina, Iowa, Nebraska, Minnesota). Certain counties in Florida require background checks on all private sales of handguns at gun shows. The remaining 33 states do not restrict private, intrastate sales of firearms at gun shows in any manner.<14><15>
http://en.wikipedia.org/wiki/Gun_shows_in_the_United_States My second disagreement with the article comes from this except:
"Assault rifles exist for only one purpose, and it's not squirrel hunting. It's killing and maiming as many people as fast as possible. But thanks to the lobbying of the NRA, owning assault weapons is considered a constitutional right".The term assault rifle is misleading as it would imply that a person can buy a selective fire automatic weapon at a gun show from a dealer or private seller without the necessary federal paperwork.
An assault rifle is a selective fire rifle that uses an intermediate cartridge and a detachable magazine.<1><2><3><4> Assault rifles are the standard infantry weapons in most modern armies. Assault rifles are categorized in between light machine guns, which are intended more for sustained automatic fire in a light support role, and submachine guns, which fire a pistol cartridge rather than a rifle cartridge.
***snip***
The term assault weapon is a United States political and legal term used to describe a variety of semi-automatic firearms that have certain features generally associated with military assault rifles. The 1994 Federal Assault Weapons Ban, which expired on September 13, 2004, codified the definition of an assault weapon. It defined the rifle type of assault weapon as a semiautomatic firearm with the ability to accept a detachable magazine containing more than 10 rounds, and two or more of the following:
Folding or telescoping stock
Primary pistol grip
Forward grip
Threaded barrel (for a Suppressor, commonly called a silencer)
Barrel shroud
The assault weapons ban did not restrict weapons capable of fully automatic fire, such as assault rifles and machine guns, which have been continuously and heavily regulated since the National Firearms Act of 1934 was passed. Subsequent laws such as the Gun Control Act of 1968 and the Firearm Owners Protection Act of 1986 also affected the importation and civilian ownership of fully automatic firearms, the latter fully prohibiting sales of newly manufactured machine guns to non-law enforcement or SOT (special occupational taxpayer) dealers.emphasis addedhttp://en.wikipedia.org/wiki/Assault_rifle In order to foster the misconception that you can buy a military grade assault rifle at a gun show the article says:
"Once again, it bears pondering whether the founding fathers would have changed the wording of the Second Amendment if they'd foreseen the advent of semi-automatic weapons that could spray an entire crowd with bullets at one touch" (emphasis added)Semi-automatic weapons do not "spray" "with one touch" but fire a single round with each pull of the trigger.
I hate to say it but the article from the best known newspaper in the city I was born in is misleading and biased and will only further divide the two opposing views on gun control.
Instead of fostering misconceptions the newspaper should work to promote solutions such as allowing the NICS background check system to be opened to all private sellers on either a voluntary or required basis. Obviously if 17 states already do this, it is not impossible. They should also support Obama in his attempt to get the background check updated on a faster basis.
Wayne LaPierre Reluctantly Admits He Supports President Obama's New Gun Safety ProposalsMarch 14, 2011 6:07 pm ET — Chris Brown Today, National Rifle Association (NRA) executive vice president Wayne LaPierre appeared on Fox News' America Live to discuss President Obama's new gun safety proposals and found himself in the unusual position of agreeing with the man the NRA calls "the most anti-gun president in American history.
http://politicalcorrection.org/blog/201103140014 And just exactly what were Obama's ideas?
First, we should begin by enforcing laws that are already on the books. The National Instant Criminal Background Check System is the filter that's supposed to stop the wrong people from getting their hands on a gun. Bipartisan legislation four years ago was supposed to strengthen this system, but it hasn't been properly implemented. It relies on data supplied by states - but that data is often incomplete and inadequate. We must do better.
Second, we should in fact reward the states that provide the best data - and therefore do the most to protect our citizens.
Third, we should make the system faster and nimbler. We should provide an instant, accurate, comprehensive and consistent system for background checks to sellers who want to do the right thing, and make sure that criminals can't escape it.
http://politicalcorrection.org/blog/201103140014
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