The Background Check Bait and Switch

Why Today's Background Checks Are Much More Than You Think

And Why So Many Law Enforcement Agencies Won't Enforce Them

Federal background checks on sales at licensed firearms dealers have been the law of the land for over 20 years.  Known as the National Instant Check System - or NICS - the system usually lives up to its name, with a typical check taking less than an hour, frequently less than 30 minutes.  Given that the experience of most gun owners has been fairly positive, even many gun owners favor expanding it to private sales, as do many of those who have only heard about the system.  Compared to the laws in places like California, it's not a bad system.

When states and congress consider expanding background checks, NICS is what comes to people's minds.  It's what they know.  Proponents constantly reinforce this idea by describing their proposed laws as, "A simple expansion of background checks to private sales."  HOWEVER, THIS IS A BALD FACED LIE, DESIGNED TO DECEIVE THE PUBLIC.

In reality, all background check laws passed or proposed in recent years go way beyond NICS.  They are ALL written by lawyers working for New York billionaire Michael Bloomberg, and they are not only designed to fool the public, they are designed to entrap gun owners.  Consider the following:

1) All of these laws redefine the term "transfer" from transfer of ownership, to the act of handing a firearm to another person.  A background check is literally required to let another person hold a gun, even if it never leaves your sight.

Unfortunately, these laws have now spread way beyond Washington

This means that, under current Washington law, if you come to my home and if I show you one of my firearms - if I safety check it and hand it to you, you look at it hold it for a moment, and you hand it back, we are both now felons.  Why?  Well the first "transfer" - when I handed you the gun - is a misdemeanor.  However the second "transfer" - when you handed it back - is a felony.

2) If they could, the anti-2nd Amendment forces behind these laws would not allow any exceptions, however to get these laws enacted - either by initiative or by lawmakers - they have to allow some.  The problem with exceptions is that they are an affirmative defense.  This means that if you are arrested, you must prove your innocence by proving that one of the exceptions applies.  In places where these kind of laws have been on the books for a long time, abuses are VERY common.  People are arrested and then have to spend tens of thousands defending themselves by proving one of the exceptions apply, even though the arresting officers knew you never broke the law.

3) The exceptions ALWAYS fail to cover all of the legitimate and innocent reasons why someone might handle or have custody of another person's firearms. Space does not permit listing all of the problems with every bill that has been proposed or enacted, so I will list the problems with just one: Washington state's I-394.  This law makes all of the following crimes, and in many cases, felonies:

Hunter Safety Classes - The requirements for these classes are set by national and international agreements.  One of the requirements is that the students must handle a representative sample of firearms so that they understand how to safely operate them.  Under I-394, now Washington state law, the teacher and all the students commit felonies by doing this.

Storage of firearms at a friend or relative's home - It makes a lot of since for parents to store their firearms at a friend's or relative's home who does not have children.  In fact, the state of California even recommends this.  Under the I-394 Bloomberg law, every time you drop off a firearm, or pick one up, a trip to the gun store and a background check (which is not free) is required.  Failure to do so is a crime, making this wise precaution completely impractical - or a crime.

Sharing firearms while target shooting - There is an exception for doing so at an "established range".  The problem is that "established range" is not defined.  Clearly, a commercial range with a business license qualifies, but what about a private range on someone's farm?  Target shooting is permitted on millions of acres of public land in the West.  Does a site on public land that is legally and regularly used for target shooting qualify?  In short, many of the places commonly used for target shooting are likely not covered by the exemptions - making really hard to introduce a friend to the world of shooting.  (Maybe this was the idea?)

Lending of firearms - even in an emergency.  It's 9pm, and one of your friends has just received a credible threat to his or her life.   They are knowledgeable in regards to firearms, but do not own one at the moment.  They would like to borrow one of yours until they can buy one the next day.  It would be a crime to lend one to them.   There is an exemption that gun control advocates point to - but it requires the threat to be eminent.  This means I cannot lend him the firearm unless the person who made the threat is standing outside his house, so clearly this exemption is worthless.

As of this writing, 22 of New Mexico's
33 counties have gone on record as
refusing to enforce the state's new
Bloomberg authored gun law

PROVISIONS LIKE THOSE ABOVE, ARE WHY SO MANY SHERIFFS AND OTHER POLICE AGENCIES HAVE REFUSED TO ENFORCE THEM.  It is also why counties across the West - in WA, OR, CO, NM and now NV - have declared themselves to be "2nd Amendment sanctuaries" that will not enforce these laws, which are likely unconstitutional in whole or in part.

Every one of the laws Bloomberg pushes is a little bit different, but all of them - including the recent bill that passed the House of Representatives - have highly deceptive provisions like those above.  All of them redefine the term "transfer" to mean handing or giving a firearm to someone, often even if the gun never leaves your sight,  All of them are very, very different than the current federal NICS background check law - and therefore NONE OF THEM ARE SIMPLE EXPANSIONS OF CURRENT BACKGROUND CHECKS TO PRIVATE SALES.   THAT OFT REPEATED STATEMENT IS AN OUTRIGHT LIE.  IT'S SIMPLE BAIT AND SWITCH.

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