Author Topic: felons and background checks...  (Read 11766 times)

alfsauve

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Re: felons and background checks...
« Reply #10 on: May 06, 2009, 06:41:01 AM »

The biggest problem with all of this is that it denies me the RKBA.    It assumes everyone is guilty and they must prove their innocence.  It puts up barriers to my rights.   Something, that in other areas has been soundly renounced.  I seemed to remember someone saying something along the lines of, a right delayed is a right denied

Let's apply it to Free Speech.  Would you be in favor of Eric Holder deciding who has the "privilege" of starting an Internet forum?   Would you only allow people who possess a "license" (call it a Concealed Comment Wordsmith license) the ability to buy a computer or have an e-mail account?    Or how about having to wait 3 days for a select government department to determine whether your letter-to-the-editor or your comment to an editorial from being posted?




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TAB

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Re: felons and background checks...
« Reply #11 on: May 06, 2009, 06:48:52 AM »
Just about every  right has some sort of delay with it.  Want to march on washington?  guess what you need a permit, pay a large fee and give them months notice before hand.

Want to form a chruch that is not a biz?  guess what, more paper work, a back ground check and a even longer wait.

you name the right, there are restrictions on it.  A background check does not stop you from owning a gun( assuming its legal for you to do so)

So let me ask how would you keep felons form legally buying guns?


I always break all the clay pigeons,  some times its even with lead.

fightingquaker13

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Re: felons and background checks...
« Reply #12 on: May 06, 2009, 06:52:57 AM »
The biggest problem with all of this is that it denies me the RKBA.    It assumes everyone is guilty and they must prove their innocence.  It puts up barriers to my rights.   Something, that in other areas has been soundly renounced.  I seemed to remember someone saying something along the lines of, a right delayed is a right denied

Let's apply it to Free Speech.  Would you be in favor of Eric Holder deciding who has the "privilege" of starting an Internet forum?   Would you only allow people who possess a "license" (call it a Concealed Comment Wordsmith license) the ability to buy a computer or have an e-mail account?    Or how about having to wait 3 days for a select government department to determine whether your letter-to-the-editor or your comment to an editorial from being posted?

You're missing the point Suave. When you commit a felony, you lose rights, like say your right to be free and not thrown in jail. You also lose your right to vote, along with your right to own a gun. I think this a good thing, at least as far as violent felonies are concerned (Financial and drug crimes, maybe give them back after a few years of good behavior). Felons had the right to a gun, demonstrated they couldn't be trusted with it, and its only self defense to take it away from them.
FQ13

Hazcat

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Re: felons and background checks...
« Reply #13 on: May 06, 2009, 08:02:06 AM »
Again, I pretty much agree. You were a licensed driver last month, but then you got convicted of DUI two weeks ago. I do agree with SWOOP though that the CCW holder should be exempt from the absurd and archaic 5 day waiting period that Florida imposes on non-CCW holders. The background check is quick, free, and lets us say to those who use the examples of armed felons who abuse guns, "If only you enforced the laws already on the books......".
FQ13

WRONG!  Florida has a 3 day waiting period and what Broward / Dade is doing is illegal.

790.0655  Purchase and delivery of handguns; mandatory waiting period; exceptions; penalties.--

(1)(a)  There shall be a mandatory 3-day waiting period, which shall be 3 days, excluding weekends and legal holidays, between the purchase and the delivery at retail of any handgun. "Purchase" means the transfer of money or other valuable consideration to the retailer. "Handgun" means a firearm capable of being carried and used by one hand, such as a pistol or revolver. "Retailer" means and includes every person engaged in the business of making sales at retail or for distribution, or use, or consumption, or storage to be used or consumed in this state, as defined in s. 212.02(13).

(b)  Records of handgun sales must be available for inspection by any law enforcement agency, as defined in s. 934.02, during normal business hours.

(2)  The 3-day waiting period shall not apply in the following circumstances:

(a) When a handgun is being purchased by a holder of a concealed weapons permit as defined in s. 790.06.

(b)  To a trade-in of another handgun.

(3)  It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084:

(a)  For any retailer, or any employee or agent of a retailer, to deliver a handgun before the expiration of the 3-day waiting period, subject to the exceptions provided in subsection (2).

(b)  For a purchaser to obtain delivery of a handgun by fraud, false pretense, or false representation.


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fightingquaker13

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Re: felons and background checks...
« Reply #14 on: May 06, 2009, 08:49:03 AM »
WRONG!  Florida has a 3 day waiting period and what Broward / Dade is doing is illegal.

790.0655  Purchase and delivery of handguns; mandatory waiting period; exceptions; penalties.--


They're doing it in Palm Beach County too Haz. I didn't even realize it was against state law. This makes even more aggravating. Stupid is one thing, illegal is another. (Damn Yankees) >:(
FQ13 Who will now go sit in the corner next to M'lette, which, come to think of it, isn't such a bad punishment ;D

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Re: felons and background checks...
« Reply #15 on: Today at 04:52:39 PM »

Hazcat

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Re: felons and background checks...
« Reply #15 on: May 06, 2009, 11:45:43 AM »
They're doing it in Palm Beach County too Haz. I didn't even realize it was against state law. This makes even more aggravating. Stupid is one thing, illegal is another. (Damn Yankees) >:(
FQ13 Who will now go sit in the corner next to M'lette, which, come to think of it, isn't such a bad punishment ;D

FQ if you have a CCW then you are exempt from the 3 day rule.  No 'ifs, and or buts'.  It says "shall not apply", there is no wiggle room.  Also in the beginning of the statute it says that the State occupies the whole of the field and that no other body is allowed to ake or change gun law.

So next time you buy, take a copy of the law with you and demand that you get the gun now!  I had to do it here once in Pinellas county.  Showed him the law and told him hand it over or be sued and charged with not following the gun regs. Told him that wouldn't look too good on his FFL report.

If we don't stand for our rights and the law, don't expect anyone else to help!

Here is a link to the law (and you should have received a copy with your CCW)

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0790/titl0790.htm
All tipoes and misspelings are copi-righted.  Pleeze do not reuse without ritten persimmons  :D

tombogan03884

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Re: felons and background checks...
« Reply #16 on: May 06, 2009, 11:56:22 AM »
Just about every  right has some sort of delay with it.  Want to march on washington?  guess what you need a permit, pay a large fee and give them months notice before hand.

Want to form a chruch that is not a biz?  guess what, more paper work, a back ground check and a even longer wait.

you name the right, there are restrictions on it.  A background check does not stop you from owning a gun( assuming its legal for you to do so)

So let me ask how would you keep felons form legally buying guns?




I would not waste my time attempting the impossible. Felons were NOT prohibited from owning arms after their sentence was served until 1934 NFA went into effect. Just in case you haven't noticed it has no effect. Criminals get guns when ever they want.

tombogan03884

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Re: felons and background checks...
« Reply #17 on: May 06, 2009, 11:58:22 AM »
They're doing it in Palm Beach County too Haz. I didn't even realize it was against state law. This makes even more aggravating. Stupid is one thing, illegal is another. (Damn Yankees) >:(
FQ13 Who will now go sit in the corner next to M'lette, which, come to think of it, isn't such a bad punishment ;D

Don't Blame US, NH has NO wait.

fightingquaker13

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Re: felons and background checks...
« Reply #18 on: May 06, 2009, 12:03:26 PM »
FQ if you have a CCW then you are exempt from the 3 day rule.  No 'ifs, and or buts'.  It says "shall not apply", there is no wiggle room.  Also in the beginning of the statute it says that the State occupies the whole of the field and that no other body is allowed to ake or change gun law.

So next time you buy, take a copy of the law with you and demand that you get the gun now!  I had to do it here once in Pinellas county.  Showed him the law and told him hand it over or be sued and charged with not following the gun regs. Told him that wouldn't look too good on his FFL report.

If we don't stand for our rights and the law, don't expect anyone else to help!

Here is a link to the law (and you should have received a copy with your CCW)

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0790/titl0790.htm

I've got my permit Haz, its not a problem for me. It just bugs me that stupid laws like this (or as you point out, an infringement of the law) is still out there. Sorry Tom I know New Hampshire and Vt. are OK, but here we are talking about NY. and NJ and Mass., so I will say again, Damn Yankees. ;)
FQ13

WatchManUSA

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Re: felons and background checks...
« Reply #19 on: May 06, 2009, 12:10:24 PM »
I would not waste my time attempting the impossible. Felons were NOT prohibited from owning arms after their sentence was served until 1934 NFA went into effect. Just in case you haven't noticed it has no effect. Criminals get guns when ever they want.

I agree that, "Criminals get guns when ever they want."   They don't go through the NCIS process.  You CAN"T keep guns out of the hands of a criminal because they will circumvent any process that tries to keep guns out of their hands.  The current background check laws only impacts people like us.  We are forced to jump through all the hoops while the criminal bypassed the entire process. 
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