Gun Control & RKBA
In reply to the discussion: Today I have re-thought my position on the second amendment. [View all]gejohnston
(17,502 posts)you put all of your personal information including SSN, DL#, place of birth etc. on an ATF form 4473. The dealer calls the FBI call center or the state police (and has to give his FFL number and a pin number to keep a private person from using it.) depending on the state, but they use the same databases. If you have a disqualifying issue, it will be NCIC or some other database. In places, like Michigan, that require purchase permits they use the same databases. It is the 21st century, all of that moves at the speed of light. NCIC has been around since the 1960s. The process is exactly the same as the old school five day check. Four and half of those days would be the form sitting in a stack, five minutes for the clerk to use the computer.
The problem comes when a private seller, be it gun show or classified ad, because the law prohibits me or you from using the NICS system. That is the "gun show loophole", A few states require you to have a licensed dealer broker it and do the background check. The commerce clause may have an issue with that. Private sellers who want to know who they do business with have a couple of ways around it:
some have a dealer that will do it voluntarily for them
sell only to someone with a CCW
consign it to an FFL.
A reasonable solution would be something like Michigan where the buyer goes to the cops to get a purchase permit or "clean bill of health" to give to the seller. It is redundant because if they buy from an FFL, they go through the same background check twice, but it would be good for private sellers.
Some gun shows have a designated FFLs to broker private sales.