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Welcome back to The Legal Brief, the show where we CRUSH the various legal myths and
misinformation surrounding various areas of the gun world.
I'm your host Adam Kraut and today we're going to tell you the truth about the gun
buying process.
After the tragedy in Parkland, Florida, gun control has been trotted back out as a way
in which we can prevent these incidents from occurring.
While gun control advocates continue to push for more restrictions on law abiding citizens,
it has become rather clear that a number of people are undereducated on how guns are bought
and who can actually buy them.
It's worth noting that when we are talking about gun laws, federal and state law comes
into play.
Let's start with the most common misconception.
Background checks.
No one is able to walk into a gun shop or gun show and buy a gun from a dealer without
undergoing a background check.
Federal law requires that a dealer complete a background check on the person purchasing
a gun prior to transferring the gun to them.
The person must complete a form called the Firearms Transaction Record or 4473 which
contains a number of questions related to federal prohibitions.
Questions on the form include things like whether the person is subject to a restraining
order, been convicted of a crime punishable by more than one year imprisonment, whether
they've been dishonorably discharged and if they've ever been involuntarily committed
or adjudicated a mental defective.
We actually covered the ins and outs of the 4473 and prohibited persons in separate videos
which will be linked in the video description.
Now, I know what you're thinking.
A person could just lie and get a gun.
Not quite.
After the form is completed, the dealer must run a NICS check, otherwise known as the National
Instant Criminal Background Check System, on the person.
Some states, like Pennsylvania, are point of contact states, where the dealer contacts
the state police who then in turn contact NICS.
Either way, NICS gets contacted.
NICS is run by the FBI and contains a repository of information which, among other things,
pertain to the criminal records of people.
The system tells the dealer they can either proceed with the transfer, delay the transfer
(meaning NICS looks to obtain more records or information about the individual attempting
to purchase the gun before making a decision) or deny the transfer.
If the background check system denies a person, the dealer is prohibited from completing the
transaction.
In other words, they don't leave with a gun.
There are a variety of reasons that a person can be denied.
As I mentioned before, those reasons include things like being subject to a restraining
order or being a felon.
On top of that, states have their own prohibitions which go beyond that of the federal government.
I've included a link to Pennsylvania law as an example.
Currently, the federal government prosecutes less than 1% of individuals who attempt straw
purchases, which is a fancy name for buying a gun for someone who can't legally possess
one, or making false statements on the 4473, since a person is certifying their answers
are true under penalty of perjury.
This figure was relayed to me by a representative of FBI at the NICS Retailer Event.
Federal law also prohibits a dealer from transfering a handgun or ammunition to be used in a handgun
to an individual under twenty one years old.
Eighteen year olds may purchase a shotgun or rifle and the ammunition to be used in
them.
There is also no lawful way for a person to mail order a modern firearm and have it delivered
to their doorstep.
Any firearm ordered online must be sent to a licensed dealer, who then must conduct a
background check.
While some politicians would have you believe that you can walk into a dealer and walk out
with an automatic rifle, that is simply not the case.
It is true machine guns are legal for civilians to own.
However, civilians are banned from owning a machine gun made after 1986.
As a result of market economics, on the cheap end, a machine gun is on average around 7
to 10k.
Couple that with additional paperwork requirements and the tax for a machine gun, the number
of people who purchase them are extremely limited.
It requires a lot of their hard earned money, time and compliance with additional requirements
to own one.
As you can see, gun laws at the federal level are not as lax as some might have you believe.
There are already a number of existing laws that prohibit people from legally obtaining
guns.
However, all the prohibitions in the world don't actually matter if the government
does not enforce the existing law.
And to those out there that are shocked a person is able to purchase a firearm and take
it home the same day, I leave you with this thought.
It's a good thing that law abiding citizens are able to do so.
If you aren't a criminal, you should be able to exercise your constitutional right to keep
and bear arms without a hassle.
Just like you should be able to walk down the street without the police stopping you
and asking for your papers.
Just like you should be able to hold an unpopular opinion, express it, and not fear reprisal
for doing so.
After all, these are your RIGHTS, as enumerated in the Constitution.
Sick of bad information finding its way around the internet?
Make sure you share this video with your friends.
Don't forget to hit that like button, get subscribed and consider supporting us via
the links down in the video description.
If you haven't yet, be sure to download The Gun Collective Podcast on iTunes.
We would love to get your feedback on that!
And as always thanks for watching!
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