If Congress passes the proposed legislation . . .

[Clint45]

If Congress passes the proposed legislation for "universal" background checks for private transactions, and drastically enlarges the ATF to enforce violations, do you think the simple act of selling or trading a rifle in a parking lot or at one's home would constitute "gunrunning?" Any idea how the legislation is worded or how they intend to enforce it? And would the NRA and Republicans feel the legislation was "reasonable"?

[Teufelhund]

This is fundamentally a regulation on private trade. I'm not sure from what authority Congress would purport to draw in order to impose regulations on intrastate commerce. For all intents and purposes, this type of overarching regulation is without a doubt unconstitutional. But then, Congress does a hell of a lot of things they don't have the power to do.

[asmo]

I'm not sure from what authority Congress would purport to draw in order to impose regulations on intrastate commerce.

The gun, its components, its raw parts, have traveled in or have affected intrastate commerce.

That's their justification for their authority on the matter. Read the gun free school act (part duex).

[ruthabagah]

If Congress passes the proposed legislation for "universal" background checks for private transactions, and drastically enlarges the ATF to enforce violations, do you think the simple act of selling or trading a rifle in a parking lot or at one's home would constitute "gunrunning?" Any idea how the legislation is worded or how they intend to enforce it? And would the NRA and Republicans feel the legislation was "reasonable"?

That's a good question: How do you enforce this kind of law/rule if the government does not keep a proper database of firearm serial # and owner's info?.... Scary stuff right there.

[20X11]

Sting operations...they'll set up "meets" to see if you will sell the gun without background check.

[Teufelhund]

The gun, its components, its raw parts, have traveled in or have affected intrastate commerce.

That's their justification for their authority on the matter. Read the gun free school act (part duex).

Learn something every day. Thanks for the reference. I'm still reading through the breadcrumb trail of case law, but I think several statements in the Supreme Court's decision in United States v. Lopez actually provides a lot of substance to the case against this type of regulation.

As a side note, H.R.2613 is a bill which seeks to repeal the provisions of the Federal Gun Free School Zones Act. Naturally, it hasn't been touched since being referred to subcommittee in 2011. . .

[Byte Stryke]

what if I walk down the street, buy a Glock here in Smyrna, walk back home and a guy in the parking lot decides he wants to pay me panic price for it...

this is actually one of the things Bugging manufacturers and owners

[Clint45]

Sting operations...they'll set up "meets" to see if you will sell the gun without background check.

I can see that happening in another year, if the law is passed and the ATF triples in size. I can see them posting WTB ads on armslist. I can also see the possibility of them posting ads selling AR15s then arresting anyone who shows up at the parking lot to buy it.

[rockhound]

It will be a pain in the ass, but simple to avoid jail, have them meet you at a local FFL and buy the weapon. Problem is if the weapon is placed in the FFLs hand he may have to run a 4473 on the owner if the deal does not go through.

If you place a rifle on consignment at your local shop and want it back, they have to run a 4473 in order to give you back your own rifle. I learned this just the other day.

[alxone]

If you place a rifle on consignment at your local shop and want it back, they have to run a 4473 in order to give you back your own rifle. I learned this just the other day.

ok thats just dumb