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Virginia background checks for gun sales challenged

The Code of Virginia is not preemptible by local statute

Re: Virginia background checks for gun sales challenged

Postby Diomed » Thu, 19 Jan 2012 02:59:46

Taggure wrote:Ever think that they may be delaying the checks on purpose???

They are. It's their way of trying to force the General Assembly to give them more money. (Such is the thinking of government employees.)


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Re: Virginia background checks for gun sales challenged

Postby AlanM » Thu, 19 Jan 2012 09:09:59

I'm going to comment on several of the suggestions/ideas put forth before this post then I'm going to put on my flame proof long-johns.
(I'm cold this morning and could use the heat. :roll: )

1. "I went to the Dale City VFW show Saturday morning and put an application in around 11:00. Here it is Sunday night at 20:00 and still not even looked at yet. So much for the great "instant" background check."
It's winter AND a weekend. In a lot of areas of the country most gun shows are held in the winter on weekends. Gun sales are higher than they've ever been in history. Contrary to the beliefs of the gun banners all firearm sales by FFL holders HAVE to go through a NICS check.
What do you expect to happen?

2. Pretty much ALL of the databases that need to be checked for a background check on a US citizen are NATIONAL databases run by the federal government as a service to the states and for use by certain national agencies. How is an individual state bureaucracy going to get mental health, felony conviction, and domestic violence information on someone WITHOUT using the federal databases? Query each and every other state individually? Want to wait a couple of months for an OK to buy a gun? Or would you rather it only take a few minutes?
I happen to know someone that used to work in the VASP Richmond office doing VA firearm BCs. She would take the information over the phone and then query the NICS system.
Can you say "duplication of effort"?
You do realize that people do move into Virginia from other states, don't you?

3. "Random issuance of a record number at the sale would be more proper"
You realize you just described, in 13 words, a perfect gun registration system? Do you REALLY want that?

4. "IMO if the dealer was willing to start the transaction by submitting the BC paperwork then they had an intent of completing the sale. Therefore, After 3 working days the dealer MUST complete the transfer. "
No, the buyer appeared to have enough money to make the purchase, filled out a 4473 without marking any disqualifies, and appears to be a good prospect to pass a BC so the dealer makes the effort to see if the government agrees with that opinion based on the buyer's past actions.
If the transaction isn't immediately blessed the, after 3 BUSINESS days the dealer MAY, legally, complete the sale.
BUT, if the BC later comes back as dis-allowed the dealer is now in for a LOT of headaches. Most dealers won't take that chance.
The government, in most cases, require a business to sell an item to someone they don't wish to do business with.

5. "The unique ID number is supposed to be my social security number. Heck there is a file number on the VA permit. How about using that."
So only people with a VA CHP are allowed to buy firearms?
From: Resident Concealed Handgun Permits
"Virginia Resident Concealed Handgun Permits are issued by the circuit court of the county or city in which the applicant resides."
The Commonwealth of Virginia is divided into 95 counties and 39 independent cities. That means that there are 134 separate court clerks issuing CHPs each with their own numbering system.
As far as I know there is NO central database in VA of current CHPs.
Also a VA CHP is one of the most easily forge-able government documents I've ever seen. Especially when compared to the VA driver's license that is on the other end of the spectrum.
AlanM
There are no dangerous weapons; there are only dangerous men. - RAH
Four boxes to be used in defense of liberty: soap, ballot, jury, ammo - use in that order.
If you aren't part of the solution, then you obviously weren't properly dissolved.


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