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Home >> Gun News >> Possible New 2016 Executive Order purports to close ‘private sale loophole’ – understanding Universal Background Checks

Possible New 2016 Executive Order purports to close ‘private sale loophole’ – understanding Universal Background Checks

Just before heading to Hawaii to golf and sun at the expense of taxpayers, President Obama announced that he will be enacting executive action on gun control just after the holidays which could mean that he will be circumventing congress and the Constitution as early as January 4th, 2016.

What gun control measures will Obama present in 2016

Speculation abounds as to the President’s intentions. Americans are concerned that he will push anything from enhanced background checks to the outright semi-automatic gun ban proposed by more than a hundred members of congress.

What are Universal Background Checks

One theory suggests that the president will instruct the ATF to make it unlawful for anyone to transfer ownership of any firearm without that transfer having gone through a check in accordance with the Brady Law of 1986. The media term for this is “Universal Background Check.”

The idea is that any transfer of a firearm requires a federally licensed firearms dealer to perform a Brady law-compliant NICS background check prior to the disposition of the firearm.

Do Universal Background Checks actually stop violence?

The misguided purpose of this regulation is that it somehow makes it harder for criminals and psychos to get guns – it does not.

If terrorists or psychos want to kill people, they will. Laws are ineffective at stopping the lawless – especially if they are willing to die to carry out their mission. This will just push the buying into the black market and make those gun untraceable.

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What are the negative effects of Universal Background Checks?

What this also does is require the simple giving of a collectible firearm as a gift to be done through a federally-licensed firearms dealer (FFL). FFL transfers range from $30 to $125 depending on the region. It’s basically a tax on the purchase of a firearm as a gift. The license holder has no choice but to charge the fee as their staff has to take time to arrange the transfer, record the acquisition, help the customer do the required paperwork, record the disposition, possibly file a multiple handgun sale form, fax any required forms and file all forms. Those regulatory costs must be recouped and the consumer will be forced to pay.

It will force anyone wanting to sell a gun (legally) to use an FFL. Those wanting a firearm for nefarious purposes will be driven underground or into tricking friends into straw-purchases just as the San Bernardino Jihadis did.

Are universal background checks effective?

If this is the executive action on guns that Obama is threatening for Monday, it’s a pain-in-the-ass for consumers, a time-waster for gun dealers and a mild annoyance for evil-doers.

  • The government does not prosecute enough of the attempted buyers who are turned away by the current system;
  • There are already enough gun laws;
  • Background checks are an invasion of privacy;
  • What constitutes a “transfer” might be defined too broadly;
  • Criminals do not submit to background checks.[23]

About Rich

Rich Mitchell is the President and CEO of RAM Arms inc. Rich is also a competitor in Skeet, sporting clays, 3-gun, Steel Challenge and USPSA.

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