Our favorite Brady Board member:
As I have said over and over and over again- yes sir, it is legal to sell guns to felons in most states that have not passed a law to require background checks on all gun sales at gun shows. Private sellers are more than just people selling occasionally. Some of these private sellers sell hundreds of guns a year at gun shows. That is a fact that cannot be avoided…
Under current law, it is never lawful, in any state, to knowingly sell a gun to a felon, whether there’s a background check conducted or not. It is never legal for a felon to purchase a firearm, whether from an FFL or from a private seller. It is never legal to sell a firearm to someone who does not reside in the same state that you do. It is again, not legal for someone to be engaged in the business of selling firearms and to not hold a federal firearms license. This is all current law. I could quote the relevant parts of federal statutes, but I think most people here are familiar with them.
So essentially, the leaders of the gun control movement are advocating we make changes to federal law, when they don’t even really understand what federal law currently is. Not only that, but if there’s a coherent argument for ending private transfers coming out of Common Gunsense, I’ve yet to hear it. This is in spite of some people being willing to have a dialog on the issue.
We can certainly talk about enforcement of these current laws at gun shows, and how we can do better. ATF has undermined enforcement of illegal trafficking at gun shows by not being able to help itself from using strong-armed police state tactics when it’s tried. A better run agency would find a lot of willing help from the firearms community when it comes to preventing people dealing and buying unlawfully, but they don’t, and part of the reason is ATF’s long history of treating their mission as if it were to destroy the lawful commerce in firearms rather than to ensure that the firearms commerce proceeds according to the law.