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Colin Goddard of The Brady Campaign to Prevent Gun Violence and and I Tweeted back and forth today. The convo started when Colin reTweeted our post on the NY AG’s strong-arm tactics with Empire State gun show producers (“convincing” them to put private sales through an FBI background check). Colin was down with that. The above Tweet indicated his support for Schneiderman’s efforts to enforce the federal prohibition on felons possessing firearms without any legislative basis; both New York state and federal law do not require an FBI background check for private sales. My answer to his Tweet? How do you enforce the federal law against prohibited purchasers? “Legally.” Not by executive overreach and government intimidation.

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18 COMMENTS

  1. I can’t stand Twitter’s layout. It’s so goddamn annoying. It’d be better just to have a back and forth in the comments section of this site with the guy.

  2. Yeah, #GunControl keeps calling for a conversation. We already had that conversation, it’s called the Brady Act, now they want MORE laws. The private sales exemption to background checks, sunset of the AWB , and sunset of the waiting period were all features of the Brady Act, not bugs.

    As far as felons getting guns, most states allow a felon to possess a firearm after a certain amount of time has passed from them paying their debt to society. If background checks were required for private sales, these felons would not be able to exercise their 2A rights as provided for by state and federal law. Closing the private sale exemption is not a can of worms Brady wants to open.

    • Some states do allow that, but never forget that federal law absolutely prohibits a one-time felon from EVER possessing a firearm. Where I live a guy just got two years federal, after the state released him from any charges for shooting a home invader because his felony was 22 years old.

      • If the felony was a federal crime, you can petition the federal government to have your gun rights restored, ATF is currently prohibited from spending money on that, though, so you’re pretty much out of luck, short of a presidential pardon. If the crime was a state felony, the federal law follows whatever the states says.

        DEFINITIONS GCA Sec.921 section B
        (ii) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

        As you can see, the Gun Control Act allows for felons to be in possession of a firearm, if the state allows for the civil rights to be restored.

        The NY Times did a PSH piece on this last year.

  3. Whoa. Deja-vu.

    Then there’s the guy who says “infringe” doesn’t mean “hinder”. And the other guy who replies to him with Sam Adams’ words about “infringe” and “the liberty of the press”.

  4. I hope this man lives for a very long time. When he dies, with all of his many family members by his side, he looks back on his life as a complete and utter failure. Here is to fighting him and all of the phvckstains like him for our 2A rights!

  5. How else do you enforce a law? Quit trying to take away everyone else’s right to defend themselves in PUBLIC. The increasingly defense conscious American public and Darwin’s theory will do the rest.

  6. Mr Goddard, that’s why we employ police officers. When scumbags buy guns they tend to do it in back alleys. Want to actually prevent gun violence from happening?

    Repeal the joke that is the Brady Bill, shut down the enforcement arm of the ATF, and train local state police to run down gun smugglers with stiff Federal sentencing.

    The Brady Checks don’t stop anyone prohibited from buying a gun in the store. Mr. Prohibited looks around the display case, walks out, and tells his lady friend with a clean record to buy “Gun X”.Its illegal, but good luck proving it.On top of that , the system is always lagging behind reality due to bureaucracy. By the time a mental health patient’s file makes it to the FBI processing center weeks will have passed.

    The Feds can only stop inter-state gun dealing, which isn’t how most bad guys normally get their tools. Investigating and seizing stolen and illegally acquired guns is best done on the local level by specialized full time state or city police units, because trading in illegal firearms mandates a local clientele.

    • Trying to change Goddard’s mind is a waste of time. He is paid to parrot the Brady Campaign’s noxious beliefs and he’s someone who has cashed in on his fifteen minutes of fame quite nicely.

      So instead of pretending he’s someone open to reconsidering his opinion just destroy his arguments (or non-arguments).

  7. Let’s see, in order to be on the list of people forbidden to own a gun, you must have committed a crime. Here’s a wacky idea – how about we don’t put people we deem a threat to society back on the streets? Everyone wins – we see a huge decrease in crime and no one’s rights are violated.

      • No, I’m advocating life in prison until a violent (key word – non-violent felonies should never lose gun rights) felon is reformed. Once they’re reformed, they should be released with full rights and an automatic death sentence if they commit a second violent offense. If they cannot be reformed, then they should be executed.

      • The key question is whether or not a life as a second (third?) class “citizen” is any better than life in prison.

        Sure you aren’t in a cage, but you still can’t get a decent job, can’t possess firearms, can’t vote, etc. Basically the law is written such that your only real option becomes a continued life of crime.

  8. More importantly, how do we enforce the federal government to recognize that it is the servant and not the master of the American people?

  9. “Colin’s under the mistaken impression that federal law requires individuals selling a firearm to another private party do a background check.”

    Dan, are you serious about that? FLAME DELETED

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