By strict interpretation the 2nd amendment is already infringed upon in many other places.
And no the multiple long gun sales reporting does not directly impact a person's ability to keep or bear arms, but it's one more tool that could be corrupted towards that use down the line. And, as has been repeatably pointed out, is next to worthless. It's not like there's one gun store in the entire south west. You want 12 guns without getting flagged by the ATF? Go to 12 different gun stores and charge your cartel clients that much more for your services.
Note the third example where the man plead guilty to someone he "should have known" was a felon. How "should he have known" this without a background check? He plead guilty to separate charges of knowingly selling to felons, yet this final one was singled out as a case of "should have known". It fits.
Have you slipped a cog? The guy in the third example was a de facto gun dealer who continued to sell guns even after losing his FFL. The whole "knew or should have known" bit is legalese for him having sold a gun to an undercover operative who claimed to be an ineligible person. He took a plea, rather than eat the whole giant enchilada. He probably faced a list of charges as long as my leg.
Pardon me, but I think YOU are not thinking this through.
I've identified how the BATF already has this data, and pointed out how they can go get it. It is available to them.
Whether or not the law passes, it has absolutely nothing to do with the "option of buying from any dealer".
I don't see how you any point in relation to mine.
Fern
The BATF only has the data well after the fact, and only when they request it wrt any particular firearm recovered in a crime or from a list sent by Mexican authorities. It's not the same as what they want, and they don't "already have the data" at all. It's spread out across thousands of gunshops. Are you suggesting that the BATF budget should be radically increased so that they can send out agents to retrieve the data they want on an ongoing basis? How much would you suppose that would cost the taxpayers vs what the BATF requests?
No, hand gun purchases are treated differently.
In order for a FFL/dealer to sell a handgun they must clear it through the feds. That info IS in a federal database (unlike long gun info).
Fern
Totally incorrect. All OTC firearms purchases must be cleared through the NICS system. Read the 4473 form. Handguns and long guns are treated the same, except wrt multiple handgun purchases in a 5 day period. You'd be correct wrt class III firearms, usually full auto weapons. What I offered is entirely accurate. There is no big bad central database- only the small databases held by each FFL.
irishScott said:2 forms of ID are required when purchasing a firearm.
Incorrect in the context of federal law. Such may be the case in different locales. Read the 4473 form.
INSTRUCTIONS TO TRANSFEROR
1. KNOW YOUR CUSTOMER: Before a licensee may sell or deliver a firearm to a nonlicensee, the licensee must establish the identity, place of residence, and age of the buyer. The buyer must provide a valid government-issued photo identification to the seller that contains the buyer’s name, residence address, and date of birth. The licensee must record the type, identification number, and expiration date (if any) of the identification in question 18a. A driver’s license or an identification card issued by a State in place of a license is acceptable. Social security cards are not acceptable because no address, date of birth, or photograph is shown on the cards. If the buyer is a member of the Armed Forces on active duty acquiring a firearm in the State where his or her permanent duty station is located, but he or she has a driver’s license from another State, you should list the buyer’s military identification card and official orders showing where his or her permanent duty station is located in response to question 18a.
None of that applies to truly private sales.
The number of times that I've needed to correct misunderstandings and misrepresentations on the part of gun advocates in this thread is amazing, and not in a good way. It's not like I'm expert, either, nor do I claim to be. I can and do actually read pertinent information when it's provided, however. Too bad that's not more prevalent among participants in the discussion.
