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Message

re: "You can go online and buy a gun without a background check"

Posted on 1/4/17 at 10:44 am to
Posted by AMS
Member since Apr 2016
6495 posts
Posted on 1/4/17 at 10:44 am to
quote:

I think handguns may have a waiting period but in Louisiana there is no mandatory waiting period for long guns.


There is just a few minute wait while the background check clears for handgun purchases as well. No waiting period in LA.
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
134845 posts
Posted on 1/4/17 at 10:50 am to
quote:

I don't understand the "waiting period" you are speaking of. I can walk into any gun store and buy almost any legal rifle or shotgun once my background check clears. In fact I have bought two rifles in the past year, one a .22 semi auto and an AR-15 and other than a few minutes wait for the background check I walked out the door with my new rifles.

Some states have waiting periods, some don't. To correct his post, automatic weapons are legal, just highly regulated and expensive to own. And, for automatic weapons, there is definitely a waiting period while all the paperwork is being processed.
Posted by Strannix
District 11
Member since Dec 2012
48885 posts
Posted on 1/4/17 at 8:18 pm to
quote:

Considering I have a friend who is creating an online gun store right now to sell custom guns out of vegas. And that there are atleast 5 pay providers online that will accept transactions related to guna and gun parts..... Definitely can but it takes loop holes such as calling it an in store sale


Report him, or you're a liar

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Criminal Complaints
quote:

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This post was edited on 1/4/17 at 8:22 pm
Posted by SlapahoeTribe
Tiger Nation
Member since Jul 2012
12083 posts
Posted on 1/4/17 at 9:05 pm to
I get all my guns at gunshowloophole.com

That's where I spend the $2,500 each year that I save thanks to Obamacare.
Posted by CaptainBrannigan
Good Ole Rocky Top Tennessee
Member since Jan 2010
21644 posts
Posted on 1/4/17 at 10:04 pm to
Never been to armslist?
Posted by Strannix
District 11
Member since Dec 2012
48885 posts
Posted on 1/4/17 at 10:36 pm to
Sure I go there and GunBroker, I've probably bought 20 guns between the two sites and every one had to go through an FFL per federal law. So what's your point?
Posted by YipSkiddlyDooo
Member since Apr 2013
3632 posts
Posted on 1/4/17 at 11:47 pm to
quote:

Definitely can but it takes loop holes such as calling it an in store sale


Oh so you mean it involves committing fraud. Got it.
Posted by YipSkiddlyDooo
Member since Apr 2013
3632 posts
Posted on 1/4/17 at 11:51 pm to
quote:

Never been to armslist?


Classified ads and "online sales" are not the same thing. Man, these gun threads always bring the idiots out of the woodwork
Posted by CaptainBrannigan
Good Ole Rocky Top Tennessee
Member since Jan 2010
21644 posts
Posted on 1/5/17 at 12:32 am to
quote:

Classified ads and "online sales" are not the same thing. Man, these gun threads always bring the idiots out of the woodwork


So the classified ads on armslist are not online?
Posted by MrCarton
Paradise Valley, MT
Member since Dec 2009
20231 posts
Posted on 1/5/17 at 12:40 am to
We should be able to buy guns online with no background check. Unfortunately, we cant.
Posted by TrueTiger
Chicken's most valuable
Member since Sep 2004
67739 posts
Posted on 1/5/17 at 6:39 am to
quote:

quote:
but it takes loop holes such as calling it an in store sale


Federal felony




So you are saying that there is already a law on the books?

Problem solved!

/thread
Posted by Strannix
District 11
Member since Dec 2012
48885 posts
Posted on 1/5/17 at 7:31 am to
Link me one of the ads on Armslist you are referring to
Posted by HeadChange
Abort gay babies
Member since May 2009
43834 posts
Posted on 1/5/17 at 7:54 am to
quote:


I think handguns may have a waiting period but in Louisiana there is no mandatory waiting period for long guns

I ordered a 1911 online, my waiting period was waiting for it to ship/arrive and then waiting for my bg check at the gun shop. When it arrived and I went there and was out of there with my gun in about 30 mins
Posted by Strannix
District 11
Member since Dec 2012
48885 posts
Posted on 1/5/17 at 8:49 am to
Waiting on that Armslist link bro, find an ad you're talking about.....
Posted by Scoob
Near Exxon
Member since Jun 2009
20353 posts
Posted on 1/5/17 at 9:06 pm to
My knowledge and experience with this all:

Online gun purchases: from several stores (J&G, Whitaker); I purchased, sent funds to the store, they shipped to FFL, I filled out the paperwork and the FFL ran the check.

From Gunbroker, Gunsamerica and Auction Arms (now gunauction, I think): auction bids, won from both private sellers and stores (Coles Distributing Inc, Robertson Trading Post- they use the auctions as storefronts).
Same as above, I sent the funds and received via a local FFL.

I have also bought locally through both pawn shops and Jim's (local gun store). I paid, they ran the check.

In all three above formats, I have had both straight walk-out the door sales, and delays. Never been denied, always have had the FFL check.

Gun shows- same as above. Always ran the background check... but I have also always bought from a vendor at a table.

The possible "loophole" angle they might be talking about: I have responded to a classified (for sale) post in a local forum, made contact with the seller, and met face-to-face to complete the deal. This is legal in Louisiana, and other states too. No paperwork required or done. Guy simply wanted to move one of his Winchester rifles, for a fair price. We met in daylight in a Walmart parking lot, very cordial deal, very nice fella. I paid less than I would buying used from a store, he got more than selling used to a store.
This, frankly, is no different than responding to an ad in the classified section of the newspaper, which is quite legal. We met in public, since that is considered the prudent way to do it between strangers.

Other possible "loophole" I have partaken of: the legal definition of a firearm states that guns older than 1899 are "antiques" and not firearms. This is a federal law, I understand some states place restrictions on it, but Louisiana and most others do not.
I have purchased an Argentine Mauser (model 1891). Mine was made in 1894, has the Ludwig Lowe Berlin stamps on it. Since this is considered an antique, it was listed as such on gunbroker, and required no FFL. Seller asked for proof of age, which I provided. He shipped it to my house. I had a smith check it out and verify it was safe to shoot, bought some ammo, and we've enjoyed shooting it. Nice round, 7.63x53, it's comparable in ballistics to .303 British, and I've seen a few sporterized as hunting guns.

To summarize: the "loopholes" are that it's legal for 2 private parties to sell to each other, as long as you legally can purchase it. You can buy your neighbor's old gun if you want to, as long as you can own a gun (of age, no felonies, etc). The internet is simply replacing the newspaper in classifieds, as it has for every other part of media.
As for antiques, that has been in effect for close to 50 years, and I think it hinges on the change to modern, smokeless powders. For functional shooters, there are not a lot, but a few that make the cut and can still be used today, as long as the gun is in good shape:
Mausers like mine, as long as they were made prior to 1899;
SOME Mosin Nagants are old enough;
SOME Winchester rifles.

I'm sure there are others, but the ammo can be hard to come by. Not so for the above- you can get new 7.63 Argentine ammo made by PPU, you can find 7.62x54R for the Mosin (including new by PPU, as well as surplus), and of course you can find .30 WCF (30-30) everywhere.
Posted by Strannix
District 11
Member since Dec 2012
48885 posts
Posted on 1/5/17 at 9:06 pm to
quote:

CaptainBrannigan


Still waiting on that ad you were going to link us
Posted by CP3
Baton Rouge
Member since Sep 2009
7401 posts
Posted on 1/5/17 at 11:39 pm to
FWIW, there is no federal law (that I have found yet) preventing the shipment of a firearm to a private address (non-FFL) within the same state. From everything I've read, you could technically list a gun online, sell it to a buyer that resides in the same state, and then ship it to them.

From ATF.gov:
quote:

A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her or her own State or to a licensee in any State. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm or ammunition, prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm and requires obtaining written acknowledgement of receipt.


If you could link something contradicting that please do. I could've missed it.

Posted by CP3
Baton Rouge
Member since Sep 2009
7401 posts
Posted on 1/6/17 at 8:15 am to
Bump for response.

Looked into it more and it seems it IS legal. Nothing prohibits you from making an in state private sale online, then shipping the firearm.

Effectively buying a gun online and having it shipped to your door w/o a background check.
Posted by Scoob
Near Exxon
Member since Jun 2009
20353 posts
Posted on 1/6/17 at 1:14 pm to
quote:

Looked into it more and it seems it IS legal. Nothing prohibits you from making an in state private sale online, then shipping the firearm.

Effectively buying a gun online and having it shipped to your door w/o a background check.

I would thoroughly check that out; I've read that we can ship long guns that way, but not pistols.
I think it has to be USPS, overnight or something to that effect.

Either way, I wouldn't risk it; shipping would likely be equal or higher than the cost of gasoline involved, and while you might face a day's worth of driving, it would be faster to go get it yourself. No delay in a personal private sale, so you get the gun right then; shipping it would require at least another day involved.

Online classified is no different than any other classified. You can make contact with a private individual and agree to purchase a gun; you might decide to buy a truck and a dishwasher from the same guy, and it is all just a private sale of property. Any item might be illegal/stolen, it's the risk you run that way... but the vast majority are legit.

Posted by dnm3305
Member since Feb 2009
13560 posts
Posted on 1/6/17 at 1:26 pm to
quote:

FACT: YOU CAN GO ON THE INTERNET AND BUY A GUN WITHOUT A BACKGROUND CHECK.


Yup, and it's a fricking paper weight sitting behind the counter at the FFL UNTIL YOU GET A BACKGROUND CHECK. Dipshit.
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