Once again in the wake of a multiple victim tragedy politicians are clamoring to introduce a bill requiring "universal background checks". We once again have presidential candidates standing on high stating they will heroically pass universal background checks.
Just so we all understand, UBC used to be "gun show loophole"...how many times have you heard a politician promise to "close the gun show loophole"? Both terms define the only exemption in the Brady law requiring background checks on all firearms purchases. The only sales exempted from the National Instant Check System (NICS ) are sales between two people who live in the same state and the seller is not in the business of selling firearms. This exemption has always been a part of the federal mandate for firearms background checks.
Why? Why would this one very specific type of sale be exempted? The NRA?
Well, I suppose the NRA, but only to the extent that they can state they will challenge a UBC bill/law. They have likely been threatening they would challenge since the early 1990's when the federal background check was being written. Any threat of action has to be credible..in fact probable..or it can't sustain, the bluff will be called. In the absence of the NRA someone would atill challenge on the same grounds and it would still be overturned.
So why were private sales exempted? The one and only reason is because if the "commerce clause" which states,
Intrastate, or domestic, commerce is trade that occurs solely within the geographic borders of one state. As it does not move across state lines, intrastate commerce is subject to the exclusive control of the state.
This is very simple. There will be no UBC mandate at the federal level...it cannot happen now for exactly the same reason it was originally exempted, and for the same reason ubc bills don't make it out of committee...because it would be overturned pretty quickly.
Why do politicians not simply tell the truth and look for solutions which are actually possible? Does Hillary and Bernie really not get this? Do they really think this will happen? I say they are posturing and pretending for the outraged and it allows them to strike the gun lobby of the Republican party.
Now I said the truth is better than the lie. By honestly stating that UBC must be a state imposed restriction and promising to fund and enable NICS for private sales the first step toward getting UBCs would be complete. As it is Colorado may have to suspend or repeal their requirement because there is no statutory access to NICS, and Colorado doesn't have a system in place of their own.
I believe nobody wants UBCs (except the public who actually try to believe their politicians)..especially big gun control who have used "gun show loophole" and "ubc" as a fund raising tool since their earliest days and cant financially survive after solving the issue...just a theory...
Bottom line is that if you want UBCs you should be working on your state. And....don't let your politicians play you. I would like to ask our candidates why they refuse to tell the truth about this....until they do it will be more of the same..nothing, private sales will remain exempted and we will have another 20 years of the same.