General Discussion

pipoman

(16,038 posts)

14. Silliness

Sun Dec 23, 2012, 02:02 AM

Dec 2012

This is so very simple,

Private sales of legal private property are not within the jurisdiction of the federal government. The "commerce clause" prohibits the feds from imposing laws on intrastate commerce. States can require background checks on private sales, the feds can't, never will be able to, and the "loophole" meme is either dishonesty or ignorance.

Edit history

Please sign in to view edit histories.

56 replies

= new reply since forum marked as read

Highlight:

Gun Pandemonium as No Background Needed for Web Sales [View all] marmar Dec 2012 OP

It sounds like they're obeying the law, actually NickB79 Dec 2012 #1

That's why it is called a "loophole" jberryhill Dec 2012 #5

Then the "loophole" is oft referred to as "the commerce clause".. pipoman Dec 2012 #12

Not since Wickard v. Fillburn jberryhill Dec 2012 #15

A narrow decision which has no bearing on the pipoman Dec 2012 #17

When 40% of the market is "gun shows" jberryhill Dec 2012 #19

Any link to the 40% stat? pipoman Dec 2012 #22

Lol... jberryhill Dec 2012 #23

Completely False.. pipoman Dec 2012 #39

Yeah.... jberryhill Dec 2012 #40

Actually it isn't pipoman Dec 2012 #48

Solution: Open up the NICS to non-FFLs bossy22 Dec 2012 #2

The mandate would have to come at the state level.. pipoman Dec 2012 #18

Oh yes they do - and this is a great idea jpak Dec 2012 #27

They don't now because of that pesky commerce clause...but you know that.. pipoman Dec 2012 #36

Congress has the power to regulate commerce between states jpak Dec 2012 #45

When we are talking about commerce between the states pipoman Dec 2012 #46

Those guns didn't get to PA on the Star Trek transporter jberryhill Dec 2012 #30

And they were subject to NICS when purchased new. pipoman Dec 2012 #37

Fine. Install checks at the on ramps of interstate highways. jberryhill Dec 2012 #42

You don't seem to understand.. pipoman Dec 2012 #49

How many courses in Constitutional Law did you pass? jberryhill Dec 2012 #50

..done pipoman Dec 2012 #54

As a gun owner, I personally would never buy anything used from anyone. That said, shadowrider Dec 2012 #28

I agree...it just can't be federally mandated. pipoman Dec 2012 #38

More hyperbole and falsehoods from the Brady Bunch ProgressiveProfessor Dec 2012 #3

on the contrary, the Brady Foundation does excellent work samsingh Dec 2012 #8

Nor does the first amendment.. pipoman Dec 2012 #13

Go ahead, advertise cigarettes jberryhill Dec 2012 #20

have you talked to fox news? samsingh Dec 2012 #24

Just Another Sterling And Compelling Reason To Ban All Firearms In America cantbeserious Dec 2012 #4

or control them more closely - and start a gun tax to pay for the hiring of extra policing samsingh Dec 2012 #9

I Am Past Half Measures Personally - I Think America Needs To Become A Gun Free Society cantbeserious Dec 2012 #11

i just want gun related deaths to be dramatically reduced samsingh Dec 2012 #25

Do a search for "home defense" or "bang" on Craigslist n/t Fumesucker Dec 2012 #6

straw purchasers should be put under the jail. NightWatcher Dec 2012 #7

i think shooting someone with the guns is the crime - i think the guns should be taxed to pay for samsingh Dec 2012 #10

It can also be legal self defense ProgressiveProfessor Dec 2012 #52

not sure any of the massacres we're trying to stop with extra police are examples of self defense samsingh Dec 2012 #56

If it's sold within state it's legal for a long gun in most states former-republican Dec 2012 #21

You are really missing the point jberryhill Dec 2012 #31

Silliness pipoman Dec 2012 #14

Make it a felony to transport guns across state lines for "private sales" without background checks jpak Dec 2012 #29

It is already a federal crime pipoman Dec 2012 #34

How did the guns get to PA? jberryhill Dec 2012 #32

All new guns require a NICS check. pipoman Dec 2012 #35

That is irrelevant to whether they are items in interstate commerce jberryhill Dec 2012 #41

I think what you're missing here is... Dr Hobbitstein Dec 2012 #43

Try that with a pack of cigarettes. jberryhill Dec 2012 #44

Go ahead and pretend pipoman Dec 2012 #47

Let's see? Jarts? Private sale of legal property 100% regulated... TheMadMonk Dec 2012 #51

..I wish I may, I wish I might... pipoman Dec 2012 #53

Ah, and so "can't" morphs into "won't". TheMadMonk Dec 2012 #55

That's the going price right now for AR's former-republican Dec 2012 #16

Online sales only avoid background checks if they're completed face-to-face... Lizzie Poppet Dec 2012 #26

My suggestion on guns. Let people have what they want provided they register them JDPriestly Dec 2012 #33