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Instant check system

mudgemudge Member Posts: 4,225 ✭✭
edited December 2001 in General Discussion
I may be posing this question based on an incorrect premise, and it's kinda' rhetorical anyway but.....If the instant background check is done through the FBI, am I correct in assuming they do a nationwide records check?If that is the case, what difference does it make what state I'm in when I make a gun purchase? Why can I only make a purchase in my home state. If only the records in WV are checked, how does that assure them that I haven't committed a crime somewhere else?Am I making my point?I say the question is rhetorical because the government's answer, I'm sure, would be: "Because we said so", and there's no arguing with logic like that!Mudge the inquisitorial
I can't come to work today. The voices said, STAY HOME AND CLEAN THE GUNS![This message has been edited by mudge (edited 12-06-2001).]
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    Trader DaveTrader Dave Member Posts: 791 ✭✭✭✭
    edited November -1
    Long guns can be purchased outside of your state in which you reside. However, handguns are not permitted to cross state lines without an FFL thus you have to purchase handguns within your own state.
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    salzosalzo Member Posts: 6,396 ✭✭
    edited November -1
    From what I understand, as long as the check requirement fulfiils your state of residence requirement you can buy a LONG GUN(I think it is different for pistols)in a state outside your legal residence. I was looking to buy a gun, and since I worked in Delaware I was considering buying it there to avoid sales tax. I asked the shop owner if I could purchase the gun, even though I was a Pennsylvania resident, and he said yes. Since Brady, I was allowed to purchase in Delaware. THe same is true for New York. I saw a gun on sale in a store, explained I was a Pennsylvania resident, and they said I could most certainly purchase the gun.I think(though I could be wrong) it is a state issue.
    Happiness is a warm gun
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    boogerbooger Member Posts: 1,455 ✭✭✭
    edited November -1
    mudge, they're going through NCIC and some states share information with NCIC, some are available "on-line", while others make it available elsewhere. Some states share nothing (Mississippi). What would they share?Restraining orders, mental records etc.I think that the FBI is trying to check all that they can and want to know where to look. Plus, trying to eliminate mistaken identity.
    Them ducks is wary.
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    He DogHe Dog Member Posts: 50,964 ✭✭✭✭
    edited November -1
    I have purchased rifle at shows in other states. Generally (my FFL says always) there is a delay on weekends either because of so much volume or to slow down GS sales. I carry a copy of my FFL's license if I have to have it shipped (like a used rifle I have been looking for which is not really common, or is in especially fine condition), that I can leave with the seller for the transfer. The FBI contracts the computer records search to some company that actually does the approvals, and they search FBI and some other records.As correctly stated before, interstate ahnd gun sales must be transfered FFL to FFL just like on the auctions.[This message has been edited by He Dog (edited 12-06-2001).]
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    EOD GuyEOD Guy Member Posts: 931 ✭
    edited November -1
    Handguns do not have to be transferred FFL to FFL. Only the recipient needs to have an FFL. There are even exceptions to that where the sender has to have an FFL and the recipient does not. (I can think of at least one case where neither party has to be licensed.) There is no requirement in federal law for both partys to be licensed.
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    thebutcherthebutcher Member Posts: 374 ✭✭✭
    edited November -1
    It depends what state you live in as well. In Massachusetts, no resident can buy a gun (long gun or handgun) outside of the state. You have to have it shipped to a local gun dealer and fill out the registration forms. Of course all guns in MA are registered, so it is probably a bad example. However, it is the law in your state that would apply to long guns...
    The definition of an "expert":An "X" is an unknown quantity and a "spurt" is a drip under pressure.
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    He DogHe Dog Member Posts: 50,964 ✭✭✭✭
    edited November -1
    EOD, you are right of course, but buying at an out of state show will mostly result in shipping FFL to FFL. A lot of FFL's anymore will not accept a shipment from a private, even if it is completely legal.
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    M.OpaliskiM.Opaliski Member Posts: 244 ✭✭✭
    edited November -1
    Lots of you guys are on the money with the info, I would add that if a long gun is to be purchased out of state it must be done at the FFL's licensed premisis. So, at an out of state gun show (out of your state that is) all sales to out of state buyers would have to go through an FFL in your home state, provided you did not make arrangements to pick the firearm up from the out of state FFL's licensed premises.Also, on NICS, which is the National Instant Check System, there are some states that act as the POC (Point of Contact) for the FBI, so all checks are done in state. Not that any of that is relevant as to why you cannot buy handguns out of state, just pointing it out.Salzo, where were you working in Delaware and what shop was it that you were dealing with ... just out of curiousity, thanks.
    Support your RKBA ... MatthewNRA Life MemberTalk Radio Junkie opaliski@hotmail.com TheFirearmsEnthusiast
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    mudgemudge Member Posts: 4,225 ✭✭
    edited November -1
    I was afraid I wasn't making my point well enough. I was right.I was simply asking why, if the background is to determine if I have committed a crime in ANY state, why may I make a handgun purchase ONLY in MY state. If the check comes back saying that I'm a criminal, I'd be a criminal whether I was in trying to buy it in West Virginia or Texas. If the background check done by someone in WV says I'm eligible, it should say the same thing no matter where I am, shouldn't it? Same data base isn't it?Mudge the semi-literate
    I can't come to work today. The voices said, STAY HOME AND CLEAN THE GUNS![This message has been edited by mudge (edited 12-06-2001).]
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    idsman75idsman75 Member Posts: 13,398 ✭✭✭
    edited November -1
    Handguns can't cross state lines without going through an FFL? Bogus? Someone needs to read Title 18 USC and get their facts straight. The interstate transportation law does not differentiate between handguns and long guns.
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    alledanalledan Member Posts: 19,541
    edited November -1
    What is the going rate for an instant check?Around here $15.00 seems to be the norm.
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    mudgemudge Member Posts: 4,225 ✭✭
    edited November -1
    Idsman....I interpreted that as "shipped" across state lines.Alledan....You have to PAY for an instant check? Mudge the inquisitor....no that's not right.Make that...inquisitIVE
    I can't come to work today. The voices said, STAY HOME AND CLEAN THE GUNS!
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    salzosalzo Member Posts: 6,396 ✭✭
    edited November -1
    Matthew- I taught at the Wilmington Music School for awhile(not any more). As far as the shop- I really do not remember. I had some time to kill before work, and I stopped at a place on 202(in Wilmington) just to take a look. If I remeber correctly, I think it was near Borders Books(and some big mall), just off or on 202
    Happiness is a warm gun[This message has been edited by salzo (edited 12-06-2001).]
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    M.OpaliskiM.Opaliski Member Posts: 244 ✭✭✭
    edited November -1
    Thanks Salzo, however I'm not very familiar with Wilmington. I avoid the city as much as possible.You should make it a point to make the show this weekend, I'd like to shake your hand.
    Support your RKBA ... MatthewNRA Life MemberTalk Radio Junkie opaliski@hotmail.com TheFirearmsEnthusiast
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    idsman75idsman75 Member Posts: 13,398 ✭✭✭
    edited November -1
    Sorry Mudge. I wasn't trying to step on any toes. I just get a little riled up when I am told that I can't take my guns out-of-state. I've checked many a gun at an airport when flying home from duty stations all over the USA and I've driven them cross country on multiple occasions. Tom Gresham had a guest on Gun Talk that made a similar claim but was real foggy about the whole issue. I got riled up again and called into the radio show to straighten things out. His guest was saying that guns had to be shipped from FFL to FFL when going cross-country. He was implying that you couldn't drive the darn things to your destination.
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    mudgemudge Member Posts: 4,225 ✭✭
    edited November -1
    OK....lemme try this again.1)I live in West Virginia.2)I want to buy a handgun from my local dealer.3)He calls NICS to see if I'm a criminal.4)NICS says, "no".5)The dealer hands me the gun and I leave.Slightly different scenario:1)I live in West Virginia.2)I want to by a gun at a show in PA.Why does the NICS (or anybody)care where I'm standing when I buy a gun. If the NICS checks the nationwide database and says that I'm not a criminal when I'm standing in West Virginia, would they not come up with the same answer even if I happened to be standing in PA? What is the "magic" about being in your "home" state?I can go into Virginia with a WV CCW and I don't instantly become a criminal simply by crossing the state line. Why should it be any different with a NICS background check? Now does everyone understand my question?Mudge the determined
    I can't come to work today. The voices said, STAY HOME AND CLEAN THE GUNS!
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    thebutcherthebutcher Member Posts: 374 ✭✭✭
    edited November -1
    Are you saying that you are not allowed to buy a gun in PA or VA? And the reason is the background check?
    The definition of an "expert":An "X" is an unknown quantity and a "spurt" is a drip under pressure.
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    M.OpaliskiM.Opaliski Member Posts: 244 ✭✭✭
    edited November -1
    The answer, Mudge, is non exsistant I believe. It's an arbitrary statute much like so many others. There is no defined reason, nor does it appear there was any logic in the decision to enact it.It just is ...
    Support your RKBA ... MatthewNRA Life MemberTalk Radio Junkie opaliski@hotmail.com TheFirearmsEnthusiast
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    mudgemudge Member Posts: 4,225 ✭✭
    edited November -1
    Matthew......THANK YOU!!!As I said on my first post. I was sure the question was rhetorical, but wanted to see what kind of answers I'd get.I also said the answer would be "because".Typical gov't. logic.Mudge the cogitative
    I can't come to work today. The voices said, STAY HOME AND CLEAN THE GUNS!
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