Wal-Mart Sets New Policy on Background Checks for Gun Sales That Exceeds Federal Law

Associated Press ^ | Jul 3, 2002 | Brian Skoloff

[I_Publius]

Jul 3, 2002

Wal-Mart Sets New Policy on Background Checks for Gun Sales That Exceeds Federal Law

By Brian Skoloff
Associated Press Writer

LITTLE ROCK, Ark. (AP) - Wal-Mart, the nation's biggest gun seller, is strengthening its policy on background checks of firearms buyers beyond the requirements of federal law.

The retail giant directed its stores to hold up sales in which the time limit for a background check had expired because of concern criminals could still get guns, spokeswoman Jessica Moser Eldred said.

Potential gun buyers nationwide undergo a background check through the National Instant Criminal Background Check System. The dealer can sell a gun, though, if the check isn't completed within three business days.

Managers at Wal-Mart's 2,600 American stores must wait until the check is made, no matter how long it takes, before selling a gun, according to the memo signed by company executives. The memo was dated May 31 and the policy is now in effect.

The policy applies only to rifles and shotguns, since Wal-Mart does not sell handguns.

"We wanted to make sure we were doing our part to keep guns out of the hands of those who should not be getting them," Eldred said.

Law enforcement officials are notified if an ineligible buyer gets a gun because the time limit expired, said Gary Wick, assistant operations manager for the national background-check system.

Policies such as Wal-Mart's can help prevent potentially dangerous situations, he said, especially when law officers try to retrieve the gun.

"Then it becomes an officer safety issue, because a lot of people will get upset when an officer comes after a gun they have bought," Wick said.

The National Rifle Association said it is considering its response to Wal-Mart's policy. The group disagrees with the policy "in the sense that it penalizes law abiding citizens," said spokesman Andrew Arulanandam.

AP-ES-07-03-02 1726EDT

This story can be found at: http://ap.tbo.com/ap/breaking/MGA5IP3Q73D.html

[I_Publius]

Can we show Walmart the power of the American dollar?

This is a ridiculous attempt to keep guns out of the hands of the average, law-abiding citizen.

I vote for a Freeping of Walmart and perhaps a boycott, which wouldn't be hard for me to do anyway.

[RedBloodedAmerican]

The Great Wal-of-China? Employing stricter gun checks in America? Couldn't be!

[alaskanfan]

Thank God we don't have one yet (to drive the little ma and pa stores out of business).

I guess I'd tell them to pound sand!!!!

[Viva Le Dissention]

Well, I don't think Wal-Mart is going to miss you. Honestly, I'd have to say that even if everyone who has ever been on this site never went to Wal-Mart again, I doubt the folks in Bentonville would even blink.

Sometimes it's good to be king, or in this case, the largest company in the world.

[BlessingInDisguise]

Can't buy at Walmart, can't buy at Kmart, where the heck can I shop anymore.

[CecilRhodesGhost]

Wal-Mart is a local friend to most cities and towns. It contributes to local scholarships, fund-raisers and community events. Wal-Mart provides affordable goods at the lowest prices, and is a major winner in NAFTA. Global economic policies lean in favor of the Wal-Marts, not the NRA member in some backwater town. Global economic policies will see that Wal-Marts prosper. In exchange, is it unreasonable for Wal-Mart Corporate to look upon the UN policy on strict gun control as a favorable thing? Yes. Because Wal-Mart works with globalization, not against it like the black-helicopter crowd. Wal-Marts and corporations like it are going to set policies on a global level much much more than old-style national governments... because the world is shrinking and multi-national corporations swing more weight than local lawmakers. Corporations, not politicians, will set more and more of the policies and rules that the world will live by... get used to it.

[RAT Patrol]

I think it would be unwise to make too much of this. It is harmless for a business to make this decision on their own. It is their right to do so. What we need to be concerned with is the government mandating something like this. There is a huge difference in my opinion. If you don't like Wal-Mart's policy then don't buy your gun there.

[I_Publius]

That IS the scary thought about it, however if you look at the typical shopper in any Southern town (I refer to Southern towns only because those are the only Walmart's I have ever been in), they seem to be gun-loving, NASCAR watching, all American fans.

Surely if all the good-ol-boys in our country started protesting Walmart, they would feel it financially, at least to some extent.

[EBUCK]

Well, if Wal-Mart wants to do stricter background checks fine. I just won't spend a dime of my 3000 a year hunting/fishing/camping/BBQ budget there.

EBUCK

[RAT Patrol]

Exactly!

[I_Publius]

Hear...hear!

I'd much rather go to the Bass Pro Shop anyway!

[EBUCK]

get used to it.

Everything that you said is inevitable, we are fighting against, because it's not inevitable. Go join the United Pessimists Dedicated to Non-Action and the Preservation of the Status Quo if your gonna spew that crap.

EBUCK

[Viva Le Dissention]

Yes. I split my time between Indianapolis and Lexington, VA, and the difference between the Wal-Marts are astounding.

Like you mentioned, it really does cater to the gun-loving, NASCAR type folks in the South, as the hunting section (they actually have a hunting section in Lexington) is like 10 times larger than the one in Indy.

But while Wal-Mart offers great prices on ammo and accessories, I never thought their gun prices were that hot. I imagine that Wal-Mart isn't able to buy quite enough bulk of guns that it can really wield a lot of power over the gun manufacturers, as it can pretty much any other manufacturer in the world. That's just speculation, though.

[I_Publius]

Only due to the ever growing greed of the U.S. citizen.

If only more Christian's would start practicing what they preached, or pretend to adhere to on Sunday mornings, then we wouldn't have these kind of greedy issues and corporations wouldn't be getting away with these antics.

[archy]

Can we show Walmart the power of the American dollar?

What is Wal-Mart doing to ensure that illegal aliens are not employed at or shopping in their stores? I'd like to hear an answer from them on that one, too.

-archy-/-

[DCBryan1]

Can't buy at Walmart, can't buy at Kmart, where the heck can I shop anymore.

HTTP://WWW.DONSWEAP.COM

[EBUCK]

The problem with their decision is that it gives our nanny-cow-tow politicians more reasonable arguments like "Well, Wal-Mart, the leading retailer of firearms hasn't seen a decrease in sales therefore the population in general isn't opposed to such procedures". We've got to make a dent in their figures in order to overcome this eventuality. Fortunately, gun owners seem to stick together and a national boycott of Mal-Marts firearms seems feesable.

EBUCK

[Viva Le Dissention]

I don't understand. What does Wal-Mart care who spends money at its stores?

Legal, illegal, whatever. If they've got money, I don't think Wal-Mart will turn them away.

[The KG9 Kid]

After this news and the report of how they treat their lowly 'associate' workers earlier this week, can anyone give a good reason why they still choose to go to Walmart and buy their Chinese crap?

Prices can't be THAT good at Walmart.

[Sender]

...where the heck can I shop anymore?

Personally, besides gun shows I like pawn shops. Both seem to be on our side for the most part. This whole waiting for a background check / waiting period issue could easily end all gun shows as we know them if the antis win on this. If I'm buying a rifle at Wal-Mart and it takes a week to get the check done, that is at least less of a dilemma than if I buy a rifle at a gun show and it takes even 3 days to get the check done...by that time, the traveling dealer is long gone.

[San Jacinto]

You should not really blame Wal-Mart. Unless you have a law that says the gun seller will have no liability from the sale of the gun as long as it complies with the minimum requirements of the applicable law, then it is understandable and reasonable for Wal-mart not to sell the gun until the background check is actually complete, eventhough the law would let them sell the gun at the end of a certain timeline, even if the results if the background check have not come back.

In othe words, Wal-Mart could sell a gun to some dude without the background results because the time limit has run out first. It turns out this dude is an ex-con and goes out and kills someone. Wal-mart gets sued for millions. Wal-mart says "Hey, we complied with the law." Absent a statute that grants them immunity, Wal-mart runs the risk of a court saying "You were still negligent, now fork over the bucks."

It does not seem to me Wal-mart is anti-gun in this instance, just looking out for themselves in an overly litigious society.

[CecilRhodesGhost]

Wal-Mart is about the bottom line. Like globalization. It's tough for some to understand, but try to be a good sport and understand that greed .... for a lack of a better word... is good.

Greed is a part of capitalism that isn't discussed much. But Wal-Mart will be packed across the USA this 4th of July... even if only 4% of the non-grocery goods were American-made...nobody in America would care... because they are saving money. That is a powerful force in the world of capitalism. And as capitalism's greatest winners (multi-national corporations) grow and grow and grow... the influence of elections, politicians and laws will decrease while the goals of the globalizing forces will increase. In other words, the dollar (not the ballot box) will matter more and more. Hence the ability for Wal-Mart to regulate firearm purchases.

[habaes corpussel]

Who in his right mind would buy a gun at Wally-World anyway?

[robertpaulsen]

"It is harmless for a business to make this decision on their own. It is their right to do so."

Hmmm. If the law says that I can pick up my gun in three days and Wal-Mart refuses to hand it over... they have that right? I suppose that restaurants can also refuse to serve blacks?

Naw, I think the Constitution kicks in right about then. Now don't get me wrong -- I think a private business ought to be able to make the decision of who they hire and to whom they sell. But those decisions have been taken away, so I'm just dealing with what is.

[San Jacinto]

The Wal-mart gun selling policy in question has nothing to do with the U effin' N. Sheesh!
See post # 21.

[CecilRhodesGhost]

Did I mention the United Nations? Maybe I'm losing it. Apologies.

[patton]

This is silly. What sort of amatuer schmuck would buy a guy at walmart?

I mean, for crying out loud, my kids .22 is more sophisticated than the trash they sell.

[EBUCK]

I almost bought one of those new model 710s there. Great package deal. Ended up with a gun-show special Mauser though.

EBUCK

[EBUCK]

Wal-Mart certainly has the right to extend the waiting period to as far out as they want. You have the right to not buy there. The two will balance each other out pretty quick if Wally-World wants to keep selling guns.

Do you have bitch tits? (Fight Club ref?)

EBUCK

[pabianice]

Way to make a sale, Walmart!

[The KG9 Kid]

Sure. I understand. We'll be content little consumer-slaves when Walmart becomes the government.

Boy, are they stupid for selling ammunition. We'll hang them with the discount Chinese rope we buy on sale in the gardening department.

[habaes corpussel]

"It does not seem to me Wal-mart is anti-gun in this instance, just looking out for themselves in an overly litigious society."

Not just the litigations, but also the negative press, which really impacts the revenue sides.

[Gabz]

I don't like the policy anymore than the next guy, but I understand why they are doing it. They are looking to cover their butts - its plain and simple.

I would venture the particular language of the law says you "may" turn over the purchased weapon if the mandatory check is not returned within a particular time frame. I doubt is says "shall."

Anyone that has spent anytime dealing with law or the writing of legislation will understand the immediate difference here. In the sue happy world in which we live that difference in language is crucial. "may" means a dcision can be made; "shall" means it is mandatory.

If the language, as I suspect, says "may" - Wal-Mart has made the correct decision. I would suspect other gun dealers will make the same decision to protect themselves as well.

What is needed here is not a boycott of Wal-Mart - what is needed a groundswell to MANDATE any and all background checks on gun purchases ARE completed within the proper time frame. Wal-Mart has openned the door for true protection of the honest gun dealers in the country. We need to work to force the gun-grabbers to abide by their own laws

The "may"/"shall" situation here is part of the plan to disallow the sale of firearms to lawabiding citizens.

[CecilRhodesGhost]

The trouble is that your thoughts will be allow for you to be charged with a hate-crime. Those against the globaliziation movement will be encouraged to stop fighting it. Otherwise, they'll be rolled over, broken financially, watched or jailed.

[Squantos]

We'll they may not miss me but they won't have me to mess with.............

[Robert357]

I think it would be unwise to make too much of this .

Well said. I bought a shotgun, gun safe, hunting clothes, ammo, etc. from K-Mart and when they had Rosie as a spokesperson dis Tom Selleck and the gun owning public, I wrote to them and K-Mart dumped Rosie.

I agree with you this seems different and probably has to do with some attorney being a little too risk adverse. I have bought limited amounts of ammo and a rifle scope from Wal-Mart, but no firearms. the Wal-Mart policy is something to watch, but I am not sure that this is the "hill to die on" to protect our RTKBA.

[Gabz]

Personally, besides gun shows I like pawn shops. Both seem to be on our side for the most part.

I agree with you.

Unfortunately, the pawn shops have been under much stricter rules for much longer than any other dealer/retailer.

Long story short - lot's of people who are denied to not have felony criminal records, but when a court fails to remove a charge it will show up on a backgroundcheck. 23 years prior to this he and a bunch of his buddies got caught partying and the state cops threw the book at them to see what would stick. Nothing but a misdemeanor charge of trespass did. But there was a felony charge of breaking & entering that had never been removed.

Nearly 3 months later, and numerous calls to the state police and the attorney general's office before we got it cleared up. Thank goodness we were dealing with an honest pawnshop owner - he waived all the 'storage fees" because he knew what was going on.

WARNING to anyone - check your criinal records - make sure than any teenage indiscretions have been cleared up properly.

[Gabz]

It does not seem to me Wal-mart is anti-gun in this instance, just looking out for themselves in an overly litigious society.

You said that much better than my attempt.

[Gabz]

If the law says that I can pick up my gun in three days and Wal-Mart refuses to hand it over... they have that right?

The operative word here is can.

It is the "may"/"shall" language of the law.

The work needed here is not a boycott of wal-Mart over this issue, rather it is a matter of getting the language of the law changed.

[BJClinton]

Spot on.

I'd also like to point out that Wal-Mart is the biggest retailer of firearms, it's silly to call them "anti-gun". They've done plenty to advance the 2nd amendment; every person who purchases a firearm is one more person that wants to keep the 2A alive and well.

[RAT Patrol]

I share your passion for the 2nd Amendment. I just think we need to play this one smart. Walmart is a friend to conservatives in general and I don't want to mess that up. Like someone else said, this is very possibly more about insurance premiums than anything else.

[FormerLurker]

Who'd go shopping for a quality firearm at Wal-Mart anyways?

[Hot Tabasco]

I think it would be unwise to make too much of this.

Agreed! They could just as easily said no more firearm sales like Sports Authority did, instead, they chose the "better safe than sorry" route. Considering all the bogus lawsuits being filed against the firearms industry by municipalities, they are obviously trying to cover their butts and for that I can not blame them. At least they are still selling firearms........

[El Gato]

I doubt you'll find many storefront dealers that will sell you a gun if your background check doesn't come back approved in the required 3 days. Too much potential liability, or at least percieved liability.

[steamroller]

WalMart is good for DVD's and household goods,etc.Their gun prices and selection are no big deal.So why even bother?I have found local gun dealers here who outdo WalMart with ease.Actually,where I live (Rhode Island) there is a 7 day waiting period,so the question is moot for us.

[Flyer]

What is Wal-Mart doing to ensure that illegal aliens are not employed at . . . their stores?

In Houston, nothing. One employee couldn't even get out the phrase "Sorry, I don't speak English."

[mn_b_one]

GUN FACT: Over a 30 year period, the number of firearmss increased almost 300 percent and the population increased 34 percent-even while the number of fatal gun accidents decreased roughly 70 percent.

[TheBattman]

Nice try DCBryan1, but you left part of the URL off (or was that on purpose?).

http://www.kaeskorner.com/dons inc.html

[bybybill]

I`m a life member of the NRA and I own some WalMart stock.They made the right call.We`ll be able to keep the gun grabbers away just as long as the idiots that shouldn`t have guns , can`t get them. And then there are the lawyers, GRRRR

[Cowboy Bob]

What causes you to spend half your time in Lexington, VA?