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Will Government Shut Down Shut Down Gun Sales?
The Truth About Guns ^ | 7 April, 2011 | Chris Dumm

Posted on 04/08/2011 6:40:46 AM PDT by marktwain

As you know, you can’t buy a gun without a dealer punching your particulars into the National Instant Criminal Background Check System (NICS). The good folks at the FBI run the system. If the federal government shuts down, it’s entirely possible that the NICS system will go dark. No NICS, no gun sales. Can you say backlog? We’ve contacted the feds and gun dealers to see whether or not we’re scare mongering. They’ve know NUTH-THINK! Meanwhile, ABC News reports that most federal law enforcement agencies—including the FBI and ATF—have been classified as “essential services”—which would not be suspended during a possible shutdown. So maybe we’re being a little alarmist, just to help Dave’s Guns. Check here for updates.


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: banglist; gun; nics; sale
The concept that the government could or should only “allow” certain people to have guns stands the very concept of American jurisprudence on its head. It presumes that the government knows all, controls all, and should be doing so. It is wrong and ineffective.

It is crazy to set up a huge expensive bureaucratic system, require everyone to jump though hoops and prove that they are *not* criminals in order to try, ineffectively, to prevent the few individuals who are not responsible, from having legal access to guns. This is a failed paradigm, and it should be abandoned.

To accept the idea that the all gun sales should be monitored by the government, and only allowed to those it deems satisfactory is fundamentally wrong. The entire idea of the enterprise has always been the death of a thousand cuts, where the restrictions on who can buy, and where, and how and what are continually increased until the number of gun owners is reduced to political insignificance.

1 posted on 04/08/2011 6:40:51 AM PDT by marktwain
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To: marktwain
Anyone who needs a firestick already has one.
2 posted on 04/08/2011 6:42:42 AM PDT by mmercier
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To: marktwain
classified as “essential services"

Whenever this phrase is employed, it always makes one wonder why the "non-essential" services are still being funded.

3 posted on 04/08/2011 6:43:48 AM PDT by edpc (Tagline under construction: Your American Recovery and Reinvestment Act dollars at work.)
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To: marktwain
I was told when you have a double negative, it's a positive ...

"Will Government Shut Down Shut Down Gun Sales?"

So, step right up n'git'cher guns.

4 posted on 04/08/2011 6:44:20 AM PDT by knarf (I say things that are true ... I have no proof ... but they're true.)
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To: marktwain
I was told when you have a double negative, it's a positive ...

"Will Government Shut Down Shut Down Gun Sales?"

So, step right up n'git'cher guns.

5 posted on 04/08/2011 6:44:36 AM PDT by knarf (I say things that are true ... I have no proof ... but they're true.)
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To: marktwain
At one time (and it still might be in the law) there was a presumption of approval if the government did not respond in three days, to keep an anti-gun administration from purposely slow-walking the requests and neither approving nor denying them. If that is still in the law would it apply even if no one is answering the phones at the BATF?
6 posted on 04/08/2011 6:44:59 AM PDT by KarlInOhio (Extremism in the defense of liberty is no vice! Tea Party extremism is a badge of honor.)
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To: knarf
"I was told when you have a double negative, it's a positive ."

Yeah, but what happens when a double negative gets posted twice?!?! ;-)

7 posted on 04/08/2011 6:46:28 AM PDT by Joe 6-pack (Que me amat, amet et canem meum)
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To: marktwain
The idea of a government shutdown is to inconvenience as many people as possible and make them angry at the people who state-run media tell them are responsible.

Does that answer the question?

8 posted on 04/08/2011 6:47:09 AM PDT by E. Pluribus Unum ("...crush the bourgeoisie... between the millstones of taxation and inflation." --Vladimir Lenin)
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To: marktwain

I finally took the plunge 2 weeks ago for my Rock River AR. Glad I got it in time. Sweet deal too, midlength A4 for under $900


9 posted on 04/08/2011 6:48:25 AM PDT by nerdwithagun (I'd rather go gun to gun then knife to knife.)
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To: Joe 6-pack

Double Positive.


10 posted on 04/08/2011 6:48:50 AM PDT by Eddie01 (Shooting fish in a barrel since 1966)
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To: marktwain
You don't have to go through the government computers if you have a concealed handgun license because you've already been thoroughly checked out.

And we have private sales and gun shows for those who don't have a CHL.

11 posted on 04/08/2011 6:49:43 AM PDT by Zakeet (Zimbabwe Stock Exchange Soars As Others Crash - 2008 Newspaper Headline)
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To: marktwain

I think the background check laws have a provision that if the background check isn’t completed in a certain time period (I think it’s three days), then the sale is allowed without the check.


12 posted on 04/08/2011 6:49:56 AM PDT by Wonder Warthog
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To: Eddie01

Is that like ‘doubleplusgood’?


13 posted on 04/08/2011 6:50:16 AM PDT by Joe 6-pack (Que me amat, amet et canem meum)
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To: Joe 6-pack
simple


14 posted on 04/08/2011 6:52:08 AM PDT by knarf (I say things that are true ... I have no proof ... but they're true.)
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To: marktwain
No NICS, no gun sales.

Rules say no response within a certain time, I think it's 72 hours, is an approval. Joke's on them, not the good guys.

15 posted on 04/08/2011 6:53:49 AM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: Zakeet

Here in NC, pretty much any sort of handgun exchange requires a permit or concealed carry license. You can’t even inherit a handgun without getting a permit for it.

This took effect in 1995, iirc. Fortunately my father gave me his handguns before 1995.

*********

Under North Carolina law, it is unlawful for any person, firm, or corporation to sell, give away, transfer, purchase, or receive, at any place in the state, any pistol, unless the purchaser or receiver has first obtained a license or permit to receive such a pistol by the sheriff of the county where the purchaser or receiver resides, or the purchaser or receiver possesses a valid North Carolina-issued concealed carry permit.

This requirement to obtain a permit prior to the transfer of a pistol applies not only to a commercial transaction, typically at a sporting goods store, but also between private individuals or companies throughout North Carolina. N.C. Gen. Stat. § 14-402(a)

In addition, this State law has been interpreted to require that a pistol permit be obtained by the receiver of a handgun when such person inherits a pistol as a result of the death of another person.

The permit should be given to and retained by the seller or donor of the handgun. In such a case,the permit should be given to the executor or receiver of the estate of the deceased person.

If the purchaser or receiver uses a North Carolina- issued concealed carry permit for the transfer, the seller
should reference such permit on a bill of sale.

Further, it is unlawful for any person to receive from any postmaster, postal clerk, employee in the parcel post department, rural mail carrier, express agent or employee, or railroad agent or employee, within the State of North Carolina, any pistol without having in his or her possession, such a pistol purchase permit or North Carolina concealed carry permit.


16 posted on 04/08/2011 7:01:14 AM PDT by ltc8k6
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To: marktwain

I’m already 45 days in waiting for the background check for my CCW.
This’ll likely make me have to wait the full ninety days. Fortunately by law, shutdown or not, they MUST either issue or deny within the 90 day timeline.


17 posted on 04/08/2011 7:04:28 AM PDT by RandallFlagg (Let this chant follow BHO everywhere he goes: "You lie. You lie. You lie.")
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To: Still Thinking
"Rules say no response within a certain time, I think it's 72 hours, is an approval. Joke's on them, not the good guys."

Yes, but if the instant check shuts down, it will play havoc with gun shows.

18 posted on 04/08/2011 7:12:30 AM PDT by Truth29
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To: RandallFlagg

Here in Georgia, you only need to do a NICS check if you do not possess a carry license. If you have a CCW, no NICS check, just write down the license information, and you’re out the door. So a potential FBI NICS shutdown would only delay those individuals who haven’t gotten a license yet, which is pretty easy when you consider they’re issued at the county level, and you just go to the Probate court to apply.


19 posted on 04/08/2011 7:13:18 AM PDT by nin_kasi
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To: Truth29
To some extent, but only FFL's are required to run NICS even at a gun show (at least if you live in a free state), and in my experience, the FFL's are all local shop owners anyway.

So give the guy a business card with the model and S/N written on the back, and in three days he shows up at the store and picks it up.

20 posted on 04/08/2011 7:17:02 AM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: nerdwithagun

I just got an RRA LAR-15 and an IZ-109.


21 posted on 04/08/2011 7:23:04 AM PDT by DarthVader (That which supports Barack Hussein Obama must be sterilized and there are NO exceptions!)
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To: nin_kasi

I just emailed my CCW instructor and asked him.
“Shall Issue,” should mandate that if they don’t find any reason not to issue my CCW, they MUST issue my CCW. Government shutdown or not.
It should be the same as far as background checks for purchases.
The law IS clear, but you know how the gun banners are.


22 posted on 04/08/2011 7:27:17 AM PDT by RandallFlagg (Let this chant follow BHO everywhere he goes: "You lie. You lie. You lie.")
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To: Still Thinking

The big shows (One is coming up April 15 - 17 in the DC area) have hundreds of dealers with many from out of town. It is true there are local dealers as well, but an NCIS shutdown would be a real pain for all concerned.


23 posted on 04/08/2011 7:30:04 AM PDT by Truth29
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To: RandallFlagg

I agree with shall issue of CCW. It gets trickier for people who have to do NICS, due to either not have CCW or living in a state that requires it. If the initial response from NICS is to delay the transaction, and you don’t hear back in 5 days with a reason to deny it, the transaction goes through. If a shop were to try to call NICS during a hypotehtical shutdown, and is unable to contact NICS, they would probably want to delay the sale themselves until they can get through. Now that would be for a new NICS request, not a pending one that was given an initial response of ‘delay’, that would likely proceed after the 5 business days, and a ‘bad guy’ would have been flagged up front. If a shop were to forgo the NICS call up front, and transfers an item to an individual who would have otherwise been flagged as a felon or ineligible, that store is liable to lose their operating licese, and thus their business.
I have sympathy with that difficulty, I have an FFL myself and own a small shop, and one of the last things you want to do is endanger your license for a questionable transaction. Luckily, many of the people around here have CCW, and don’t need NICS.


24 posted on 04/08/2011 7:38:49 AM PDT by nin_kasi
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To: ltc8k6

Wow. I’m always amazed at all the silly Leftist crap going on in NC. That needs to be gotten rid of.


25 posted on 04/08/2011 7:40:15 AM PDT by FreedomPoster (Islam delenda est)
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To: FreedomPoster

Why do you think they call it “North” Carolina?


26 posted on 04/08/2011 7:49:05 AM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: Still Thinking

Exactly what I thought. No response is a go. That said many state have their own checks so shutting down the fed isn’t going to cause a problem in those places.


27 posted on 04/08/2011 7:54:06 AM PDT by 556x45
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To: edpc
classified as “essential services"
Whenever this phrase is employed, it always makes one wonder why the "non-essential" services are still being funded.
I couldn't agree more - if they're "non-essential", then obviously we don't need them. If we don't need them, shut them down. If we shut them down, we don't spend... how much again?
28 posted on 04/08/2011 8:07:40 AM PDT by wizzardude
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To: marktwain
Will GM and Chrysler close?
29 posted on 04/08/2011 9:24:21 AM PDT by bmwcyle (It is Satan's fault)
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To: marktwain

I just got an email from FBI NICS, I’m copying it below. This must have been sent out to all FFL holders, or at least all of them registered to do online NICS checks.

The NICS will be operating with a limited staff if a furlough takes place. The staff will be handling all incoming calls and working NICS transactions in the event of a furlough.


30 posted on 04/08/2011 11:45:13 AM PDT by nin_kasi
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To: marktwain
As you know, you can’t buy a gun without a dealer punching your particulars into the National Instant Criminal Background Check System (NICS).

Unless you buy from a C&R dealer.

31 posted on 04/08/2011 12:59:22 PM PDT by archy (I'd give my right arm to be ambidextrous!)
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