Biden gun rule being drafted to effectively ban private sales: ATF whistleblowers

[skinnyb82]

Like the title says, BATFE at direction of the White House is apparently drafting a rule to backdoor ban private transfers. All of this while it looks like Chevron will get tossed in the trash heap.

https://nypost.com/2024/01/31/news/biden-gun-rule-drafted-to-all-but-bar-private-sales-whistleblowers/

 

 

[yurimodin]

On 1/31/2024 at 5:13 PM, skinnyb82 said:

Like the title says, BATFE at direction of the White House is apparently drafting a rule to backdoor ban private transfers. All of this while it looks like Chevron will get tossed in the trash heap.

https://nypost.com/2024/01/31/news/biden-gun-rule-drafted-to-all-but-bar-private-sales-whistleblowers/

 

 

Well I guess if everything is a felony then nothing is a felony

[Molly B.]

Another article on this:

https://justthenews.com/government/white-house/atf-preparing-regulate-private-gun-sales-background-check-whistleblower

[TomKoz]

Per the article in Molly post ….

”…..because a 1986 law it passed explicitly forbade background checks for gun sales between private individuals.”

 

Then how does Illinois getaway with us needed to verify FOIDs online ??

[soundguy]

On 1/31/2024 at 6:41 PM, TomKoz said:

Per the article in Molly post ….

”…..because a 1986 law it passed explicitly forbade background checks for gun sales between private individuals.”

 

Then how does Illinois get away with us needing to verify FOIDs online ??

 

Because it's not a NICS check, just a FOID verification, and there are no longer expiration dates on FOID cards?

 

Cheers,

Tim

 

 

 

 

[skinnyb82]

On 1/31/2024 at 5:19 PM, yurimodin said:

Well I guess if everything is a felony then nothing is a felony

To paraphrase Bill Clinton, "It depends on what your definition of 'dealer' is." 

[Tip]

Can anybody name any other article of private property that one must obtain government permission to sell??

[BobPistol]

On 1/31/2024 at 8:09 PM, Tip said:

Can anybody name any other article of private property that one must obtain government permission to sell??

 

For the time being, "private property" is a real thing.   The Borg are going to try to make that a historical aberration. 

[Illinois Sucks]

On 1/31/2024 at 7:00 PM, soundguy said:

 

Because it's not a NICS check, just a FOID verification, and there are no longer expiration dates on FOID cards?

 

Cheers,

Tim

 

 

 

 

Can you clarify the bolded portion below?

 

430 ILCS 65/3 (a-10) Notwithstanding item (2) of subsection (a) of this Section, any person who is not a federally licensed firearm dealer and who desires to transfer or sell a firearm or firearms to any person who is not a federally licensed firearm dealer shall, before selling or transferring the firearms, contact a federal firearm license dealer under paragraph (1) of subsection (a-15) of this Section to conduct the transfer or the Illinois Department of State Police with the transferee's or purchaser's Firearm Owner's Identification Card number to determine the validity of the transferee's or purchaser's Firearm Owner's Identification Card under State and federal law including the National Instant Criminal Background Check System.

[soundguy]

On 2/1/2024 at 6:54 AM, Illinois Sucks said:

Can you clarify the bolded portion below?

 

430 ILCS 65/3 (a-10) Notwithstanding item (2) of subsection (a) of this Section, any person who is not a federally licensed firearm dealer and who desires to transfer or sell a firearm or firearms to any person who is not a federally licensed firearm dealer shall, before selling or transferring the firearms, contact a federal firearm license dealer under paragraph (1) of subsection (a-15) of this Section to conduct the transfer or the Illinois Department of State Police with the transferee's or purchaser's Firearm Owner's Identification Card number to determine the validity of the transferee's or purchaser's Firearm Owner's Identification Card under State and federal law including the National Instant Criminal Background Check System.

 

That's the new part of the law. Previously, all you needed to do legal PtP transfer was show the seller your apparently valid FOID and observe the three day waiting period. Then they added the on-line verification requirement. Then they added the FFL private transfer with an official NICS check option.

 

The question I made up a possible answer to:

 

On 1/31/2024 at 6:41 PM, TomKoz said:

Per the article in Molly post ….

”…..because a 1986 law it passed explicitly forbade background checks for gun sales between private individuals.”

 

Then how does Illinois get away with us needing to verify FOIDs online ??

 

It seems that Illinois is at the forefront of universal background checks.

 

Cheers,

Tim

[Jeffrey]

The 2A and the paper it was written on is nothing but toilet paper to these people.  

[TomKoz]

So IS Illinois currently breaking that 1986 Federal law by requiring on-line FOID checks for “private” person-to-person sales?

 

I seem to recall that Illinois “background checks” FOID card holders on a daily basis?

[soundguy]

On 2/1/2024 at 10:18 AM, TomKoz said:

So IS Illinois currently breaking that 1986 Federal law by requiring on-line FOID checks for “private” person-to-person sales?

 

I seem to recall that Illinois “background checks” FOID card holders on a daily basis?

 

Spending only half an hour, I have not found the "1986 law which explicitly forbade background checks for gun sales between private individuals". I did find this passage at the beginning of a synopsis of the 1968 Firearm Owners Protection Act::

 

Quote

Firearms Owners' Protection Act - Amends the Gun Control Act of 1968 to redefine "gun dealer," excluding those making occasional sales or repairs. Exempts certain activities involving ammunition from current prohibitions.

 

The rest of the text does not make it clear to me that a NICS check was explicitly prohibited for private sales. Perhaps this was part of a different bill passed in 1986.

 

With any luck, your search will solve this mystery for us.

 

Cheers,

Tim