Gun law question

[Bkvill]

In my quest to understand the ever confusing gun laws in this country there never seems to be any clarity from either side.

My father bought me my first handgun for Christmas this year. He bought it online on gun broker and it was sent to a local gun shop where we could pick it up. He was required to get a background check by the gun shop before they would release the gun to him.

In the video I'll link below President Obama talks about how anybody, even people linked to ISIS, can simply go online or to a gun show and purchase a gun without any type of background check.

School me on this issue. Is what Obama saying true or false?

https://www.facebook.com/newshour/videos/10154247237078675/

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[cowboytex]

If it's coming out of his mouth, it's safe to say it's a lie. And in this case it is 100% a lie used by the left to push their gun gun control agenda

[Legdog]

"The 1993 Brady Act applies only to sales by FFLs. Accordingly, persons who purchase firearms from private sellers – estimated to be 40 percent of all gun purchasers – are not required to undergo background checks.

As for Gun Show background checks, State laws known as the "gun show loophole," are where most states do not require background checks for firearms purchased at gun shows from private individuals -- federal law only requires licensed dealers to conduct checks."


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[Mike D]

Flat out lie. It's been debunked many times as has the so called gun show loophole.


"An honest government has no fear of an armed population".

[Bkvill]

So, if there are states that do not require background checks for buying guns from private individuals at gunshows that does in a way support what Obama is saying?


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[Artos]

Look, bad guys will always be able to get guns...look at Mexico. They are for the most part illegal but you have grenades & RPG's going off daily.

The admin is anti-gun, they want them confiscated & will say and do anything including breaking the law to prove a point. Research Fas & Furious...someone should be in jail.

Don't get sucked in with the rhetoric.

[Bkvill]

I'm definitely not getting sucked into rhetoric. I'm trying to objectively learn what the actual laws are (in TX and other states) and I figured with so many LEO on here it would be a good place.

I'm not talking about Fast & Furious.. Just the purchasing laws.


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[Artos]

you as an individual can legally sell your guns to anyone you knowingly understand to not be a felon & is a civi of the USA without any paperwork.

Once you sell online, it gets a little ore complicated. The law states you can mail long guns within Texas without paperwork (although you may not get the 3 carriers to agree)

Pistols & sales that cross state lines need to be shipped to an FFL, so the 4473 paperwork can be done...similar to what your Grandfather did.

[texansfan]

You can buy a gun online (right here on TBH) from the comfort of your home in Houston and have it shipped via TBH Express from Lubbock to your door without a background check.

Which would make Obama's statement true.

What would make his statement false is if you tried to buy that gun from Academy.com and have it shipped to your house.

[Bkvill]

Ok another question.. If I sold a gun to someone on TBH and had it expressed to him, then he went on a rampage and committed a crime with it, could I face legal ramifications for selling that firearm?


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[Bkvill]

^ because there wasn't a background check involved and I don't know for sure he isn't a felon, etc.


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[Artos]

you can alway get sued civilly I suspect & nothing you can do about that even if you went through an ffl to transfer...the law would have to find that you acted in a reckless manner of some sorts to go after you.

[texansfan]

Ok another question.. If I sold a gun to someone on TBH and had it expressed to him, then he went on a rampage and committed a crime with it, could I face legal ramifications for selling that firearm?


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An even trickier situation would be what would happen to the TBHExpresser?

They served as the glue between the shooter and the seller.
You know it is going to surface that someone delivered that firearm to the shooter safely.

They'll try to sue yall but I hope they don't win.
You'll still incur the cost of your legal defense.

[Thumper]

You can also be sued for asking to many stupid questions......


Can't be sued if no laws are broken. Only FFL holders have to comply with the mandatory background checks, not so with private sales. In a private sale if the buyer says he's going to use the gun for lawful uses no laws are broken, TBH sale. But if the buyer tells you he needs a fresh gun because his was used in a shoot out with police, both parties have broken the law, street gang sale, and these are the type sales we must stop.

We have, or had, a very effective tool to stop these sales, a federal 5yr mandatory jail sentence for the use, or possession, of a firearm during the commission of a felony. But Holder and zero both put the brakes on and refuse to prosecute, way to many of their voters were going to jail.

[Mike D]

So, if there are states that do not require background checks for buying guns from private individuals at gunshows that does in a way support what Obama is saying?


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How so? Private sales are 100% legal in free states.