Quote:
Originally Posted by
reefraff http:///t/394399/what-would-be-the-point-of-universal-federal-background-checks-of-firearms/20#post_3510674
When my brother was cracked (drug dealing) they confiscated the guns he had inside his place but he had a couple rifles they didn't find. Once he got his plea deal the lawyer told him to get the other two guns out of his place before he plead guilty because he would at that point be a felon.
Hmm...pretty sure every drug raid that I've heard of they've always confiscated every gun in the house. And then if the legal owner is allowed to rightfully own the weapon then they can come and claim it back. I think it depends. Normally under indictment (from what I'm understanding now is) you are simply banned from transporting or receiving guns. And if you are convicted then your guns get confiscated. But it may not happen this way in every situation. States may have their own say in this as well.
Quote:
Originally Posted by deejeff442 http:///t/394399/what-would-be-the-point-of-universal-federal-background-checks-of-firearms/20#post_3510691
how does this affect buying a gun from a friend or private citizen? in the next week or 2 i am getting a 357 mag from a friend
Might want to check with the state, Jeff. But I'm pretty sure we don't have to worry about that here. Just have your buddy give you some type of receipt so that you have a record. Texas makes it pretty easy to own guns.
Let's see what the Brady Act has to say...
The Brady Act requires that background checks be conducted on individuals before a firearm may be purchased from a federally licensed dealer, manufacturer or importer—unless an exception applies. If there are no additional state restrictions, a firearm may be transferred to an individual upon approval by the
National Instant Criminal Background Check System (NICS) maintained by the FBI. In some states, proof of a previous background check can be used to bypass the NICS check. For example, a state-issued
concealed carry permit usually includes a background check equivalent to the one required by the Act. Other alternatives to the NICS check include state-issued handgun purchase permits or mandatory state or local background checks.
Section 922(g) of the Brady Act prohibits certain persons from shipping or transporting any firearm in interstate or foreign commerce, or receiving any firearm which has been shipped or transported in interstate or foreign commerce, or possessing any firearm in or affecting commerce. These prohibitions apply to any person who:
[list type=decimal]
[*]
Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
[*]
Is a fugitive from justice;
[*]
Is an unlawful user of or addicted to any controlled substance;
[*]
Has been adjudicated as a mental defective or committed to a mental institution;
[*]
Is an alien illegally or unlawfully in the United States;
Has been discharged from the Armed Forces under dishonorable conditions;
Having been a citizen of the United States, has renounced U.S. citizenship;
Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner, or;
Has been convicted in any court of a misdemeanor crime of domestic violence.
Has a record of being a felon
[/list type=decimal]
Section 922(n) of the Act makes it unlawful for any person who is under indictment for a crime punishable by imprisonment for a term exceeding one year to ship or transport any firearm in interstate or foreign commerce, or receive any firearm which has been shipped or transported in interstate or foreign commerce.[sup]
[1]
Currently, 92% of Brady background checks through NICS are completed while the FBI is still on the phone with the gun dealer.
[2][/sup] In rare cases, a gun purchaser may have to wait for up to three business days if the NICS system fails to positively approve or deny his/her application to purchase a firearm. If a denial is not issued within those three days, the transfer may be completed at that time.
Firearm transfers by unlicensed private sellers that are "not engaged in the business" of dealing firearms are not subject to the Brady Act, but may be covered under other federal, state, and local restrictions.
