If I'm rambling/ranting/getting way ahead of myself, please let me know
Anyhow...
So, asshat gets elected and submits his grand scheme to require background checks for firearms sales between non-FFLs. Of course the Legislature obligingly votes in favor of it.
I'm assuming when Patrick says this, that it would go beyond private sales at gun shows and include any FTF transaction (including for sale listings here). Never mind the fact that there already is a de facto background check in place as the buyer must posses a valid FID/LTC and an FA-10 must be filed (creating a verifiable record of the transaction).
What could MA gun owners expect to happen?
At the very least it would mean paying a fee to have the background check initiated. It would also mean necessitating both parties having to meet-up either at an FFL or police station (if the background check goes through MIRCS)... and you can bet that if the background check is conducted by the PD, there's going to be some exorbitant fee and/or a set day and time when they will do it.
Whether or not that means a NICs check conducted by the FBI or a MIRCS check conducted by the State could have other implications... such as no more sales of "off list" handguns.
To the best of my knowledge, only an FFL can initiate a NICs check. Also (to the best of my knowledge), an FFL cannot simply pick up the phone to the NICs Operations Center and initiate a background check... every call must be preceded by completing a Form 4473.
Complicating matters, by MA law, an FFL cannot sell any handgun that is not on the EOPS list unless the firearm was registered in this state prior to 1998. What that means is that any post-1998 "off-list" handgun that was legally brought into this state cannot be transferred or sold to a MA resident (can be transferred/sold back out of state, LEO or another FFL only).
However, if it's simply an MIRCS check conducted by an FFL, would the FFL still be considered the transferring agent, or just a 3rd party conducting a background check by consent of the buyer?
I guess what I'm getting at here is that when this POS bill is introduced and passed (and it will in all likelihood pass), GOAL and MA gun owners had best be very cautious and on top of things with regard to the way the bill is worded.
![Wink [wink] [wink]](/xen/styles/default/xenforo/smilies.vb/002.gif)
Anyhow...
So, asshat gets elected and submits his grand scheme to require background checks for firearms sales between non-FFLs. Of course the Legislature obligingly votes in favor of it.
I'm assuming when Patrick says this, that it would go beyond private sales at gun shows and include any FTF transaction (including for sale listings here). Never mind the fact that there already is a de facto background check in place as the buyer must posses a valid FID/LTC and an FA-10 must be filed (creating a verifiable record of the transaction).
What could MA gun owners expect to happen?
At the very least it would mean paying a fee to have the background check initiated. It would also mean necessitating both parties having to meet-up either at an FFL or police station (if the background check goes through MIRCS)... and you can bet that if the background check is conducted by the PD, there's going to be some exorbitant fee and/or a set day and time when they will do it.
Whether or not that means a NICs check conducted by the FBI or a MIRCS check conducted by the State could have other implications... such as no more sales of "off list" handguns.
To the best of my knowledge, only an FFL can initiate a NICs check. Also (to the best of my knowledge), an FFL cannot simply pick up the phone to the NICs Operations Center and initiate a background check... every call must be preceded by completing a Form 4473.
Complicating matters, by MA law, an FFL cannot sell any handgun that is not on the EOPS list unless the firearm was registered in this state prior to 1998. What that means is that any post-1998 "off-list" handgun that was legally brought into this state cannot be transferred or sold to a MA resident (can be transferred/sold back out of state, LEO or another FFL only).
However, if it's simply an MIRCS check conducted by an FFL, would the FFL still be considered the transferring agent, or just a 3rd party conducting a background check by consent of the buyer?
I guess what I'm getting at here is that when this POS bill is introduced and passed (and it will in all likelihood pass), GOAL and MA gun owners had best be very cautious and on top of things with regard to the way the bill is worded.