Showing posts with label private party firearms. Show all posts
Showing posts with label private party firearms. Show all posts

Friday, March 25, 2016

Survivalblog: Off-Paper: The Importance of Making Private Arms Purchases

Off-Paper: The Importance of Making Private Arms Purchases

Firearms sales in the United States, as measured by the number of completed National Instant Criminal Background Check System (NICS) background checks, are near an all-time high. In February, 2016, there were a whopping 2.6 million background checks! But those sales numbers only reflect the sales of new guns sold by Federal Firearms License (FFL) holders. The bigger and largely unreported news is of the upswing in the sales of used guns (“secondary sales”) by private parties. At a recent gun show, I observed that the folks who were there selling guns from their private collections were met by very eager buyers. At one private party sales table a gent sold out of every gun that he brought with him, all on a Friday– the first day of a three-day gun show. Everywhere at the show I heard and saw the same thing: Buyers who were primarily looking for battle rifles, scoped long-range rifles, and handguns with double-column magazines, and looking to buy them without any paperwork. Twice, I heard husbands say to their wives: “No, not that table, they have a license.” The tables being run by FFL holders were not nearly as busy as the private party tables. This was the busiest Friday I had ever seen at a show.

Understanding the Federal Gun Laws

Up until 1968, guns could be ordered by mail. With the enactment Gun Control Act of 1968, the sales of all new guns could only be made by FFL holders. Under current law, any FFL holder who brings any new or used gun into their inventory must log it into their Bound Book (or computerized equivalent) by the close of the next business day after the acquisition or purchase, and they must record sales or other dispositions within seven days. When a FFL holder sells any post-1898 manufactured gun, the buyer must fill out a Form 4473. Starting in November of 1998, the NICS phone system went live. So now, a NICS check must be accomplished before the buyer walks away with his purchase from an FFL. The Form 4473 is a permanent record, and any FFL holder who lets his license lapse must turn in his books and forms to the BATFE’s Out-of-Business Records Center. There, the records are digitized for future reference, making them a de facto gun registration database.
In addition to Federal law, America has a patchwork of state and local gun laws. This can be both good and bad. The good side of this is that if you dislike the laws in your state, you can simply “vote with your feet” and move to another state. The bad part is that when you travel, you might unwittingly come under the jurisdiction of some strange gun laws. For example, in Massachusetts, shooting ranges are prohibited from posting up targets that resemble human beings. In North Carolina one cannot carry a firearm in a funeral procession. And in Illinois, some local governments have enacted magazine capacity limits, including Chicago (15 rounds), Oak Park (10 rounds), Aurora (15 rounds), and Cook County (10 rounds).
Under Federal law, since 1968, it has been illegal to be “engaged in the business” of buying and selling firearms with the principle purpose of earning a living without obtaining an FFL. Oddly, neither Congress nor the BATFE has ever set a threshold of how many gun sales per year constitutes being “engaged in the business”. Thus, it has been largely up to the persuasive power of Federal prosecuting attorneys to convince juries of such status, on a case-by-case basis. The ambiguity has never been resolved. And recently, it got even worse. In January 2016, President BHO announced executive actions that were intended to intimidate private gun collectors, threatening them with prosecution, even if they sold just an ambiguously “few” guns a year with the intent of making a profit. A newspaper account stated: “Obama said that anyone ‘engaged in the business’ of selling firearms would need to obtain a license [or face prosecution]. Attorney General Loretta Lynch further clouded the water by saying this could mean as few as one or two gun sales.” These executive actions are unconstitutional, because they were aimed at intrastate commerce. It will surely eventually be tested in the courts, but for now, Obama’s expansive “redefinition” of the term gun dealer seems to be intended to put fear, uncertainty, and doubt into the minds of private collectors who sell guns from time to time, to upgrade or reduce their personal collections.

The Last Bastions of Firearms Freedom

In most States it is perfectly legal for used guns to be bought and sold by private parties, with no paper trail. Under the protection of the Second Amendment, this is the way it should be! The government has no business restricting private sales of used goods inside of any of the 50 States. (The Interstate Commerce Clause only gives jurisdiction over interstate sales. So, by definition a used gun that stays within the boundaries of a State is no longer in interstate commerce and has no Federal legal nexus. It is just another piece of private household goods. And as long as both the seller and the buyer are adult residents of the same State, then they are conducting legitimately intrastate commerce. No nexus means no jurisdiction.)
A few States now require private party sales of used guns to be conducted through FFL holders with NICS background check and the Federal paperwork. If you live in a state where private party sales have been banned, then you should either move or get busy trying to get those laws changed. If you feel stuck in one of these States because of family or work obligations, then you might have to make do the best you can. One good approach in these States is to acquire cartridge guns that have frames (receivers) that were manufactured in or before 1898. These Pre-1899 Guns thankfully are not classified as “Firearms”, and as Antiques they are exempt from Federal recordkeeping requirements and are also exempt under most State laws. (Be sure to consult the laws in your jurisdiction.)
Another possibility, at least in some States, is to manufacture your own guns. Again, be sure to check on your State and local laws, but even in most of the States where private party sales are banned, there is no paperwork required for gun receivers that you manufacture yourself. Nearly anyone with basic mechanical skills can finish up an 80%-complete receiver and then assemble an AR-15 with the other readily available (unrestricted) parts that make up the rest of the rifle. Even someone who is a klutz at machining can set up a Ghostgunner automated milling machine or get through the many steps in casting an inexpensive “Pour Freedom” polymer receiver, using molds available from AR15Mold.com.
Under current U.S. law it is only the serialized receiver that constitutes the “firearm”. That is the only restricted part and hence the only part that requires the Form 4473 paperwork. All of the rest of the parts required to assemble a gun can be bought via mail order or at gun shows without any paperwork. In many other countries, any gun part that is under pressure when firing (barrels, bolts, and gas pistons) are also restricted, and their purchase comes under the same scrutiny as would the purchase of a complete firearm. This same legal standard might eventually become adopted in the United States, so it is important that you not just acquire your AR receivers but also your complete upper receiver/barrel and bolt assemblies without paperwork, soon.

Their “Loophole” is Your Freedom!

The gun-grabbing Leftist-Statists have recently become fond of the phrase: “Closing the gun show loophole”. This is purely a political phrase with no basis in fact. Their goal is to turn all gun sales into paper-traced transactions with a Federal background check. If they succeed in this, then they may end our firearms ownership privacy in just one generation. Once this system is in place, then there will be no firearms ownership privacy and there will be no free secondary market. The pool of privately-owned arms is presently quite opaque, but they aim to make it all-too transparent and fully accountable to Big Brother. Don’t fall for their rhetoric. Their real goal is to enslave you. They are just doing this under the guise of “commonsense gun regulations.”

Keeping Kosher

Every freedom-loving American gun owner should maintain at least a part of their gun collection that has no paper trail. And this should include at least one battle rifle chambered in 5.56mm NATO or 7.62 NATO. This sans papiere part of a gun collection is what I call my Kosher Collection– the guns that are not traceable to me as an individual. This is important, because the day may come when laws change and Federal agents (or their local minions) will come knocking on doors, collecting papered guns. So you will want to have some guns that are either entirely untraceable, or that have broken paper trails that you’ve bought anonymously with cash from private parties.
Ideally, your Kosher Collection should be stored so well hidden that it cannot be found, if burglars or other miscreants ever seized possession of the rest of your other guns. In essence, your rule should be: Keep your papered guns stored in your gun vault and your paperless guns hidden in your walls or cached underground. Your Kosher Collection must be kept as viable tools for self defense or for the common defense, for the long term. Therefore, it stands to reason that you should also keep stored with them a good supply of ammunition, spare magazines, cleaning equipment, and a few spare parts. These too should be kept well-hidden.

Shortages Are Looming

The current surge in gun buying is not public hysteria. It is just people looking out for themselves and their families, in their rational self-interest. I believe that it is just a precursor of more frantic buying in the next eight months. Don’t be surprised to see significant shortages of battle rifles (with commensurately higher prices), particularly AR-15s and AR-10s, and full capacity magazines, before November. Also in anticipation of the presidential election, I expect to see shortages of gun burial tubes and perhaps even some shortages of 6″ and 8″ diameter PVC pipe threaded end caps.
Remember: We are living in the Age of Deception and Betrayal. Conduct yourself stalwartly, in ways that are fitting for these parlous times. – JWR

(Note: Permission is granted for re-posting of this entire article, but only if done so in full, with proper attribution to James Wesley, Rawles and SurvivalBlog, and only if the included links are preserved.)

Saturday, April 19, 2014

RE: "You Win, Andy, I Registered my AR"

Captains Journal brought this to my attention. A radio personality named Bob Lonsberry who is a syndicated to be honest I've never heard of ultimately decided to register his AR-15 in the closing days of the NY "SAFE Act" registration period. He wrote a blog post about it. The main themes were upholding the constitution which he believes this law clearly violates and his belief that a citizen should obey all laws and work to change or remove the bad ones. He also mentioned a fear that since he is a fairly public person who has mentioned owning an AR-15 on multiple occasions over the years and is not well liked by some in local politics/ law enforcement the odds he would get SWAT'd a day after the registration period closes then prosecuted to the fullest extent of the law are high (my words not his) . Mr Lonsberry he did go over some of the obvious available options to sell, move or alter his rifle. None of them were particularly appealing so he ended up just registering said rifle.

Now to my thoughts:

I feel for gun owners in these situations and am hesitant to criticize the personal decisions they make in regards to complying with various blatantly unconstitutional laws including the 'SAFE Act'.

The two options that were not covered are moving and hiding your newly banned guns, in the attic or a cache or whatever. Moving is a pretty hard sell for this one. Honestly the writing has been on the wall about New York for a long time. I'm not saying there aren't pro freedom folks there; just that legal adults willing to move to achieve more freedom probably did so awhile back.

As to just hiding the gun(s). That option has validity in some situations. If a guy bought an AK/ AR decades ago that he has little desire to shoot regularly and few people, none of whom are problematic, know he owns it's simple. Take the gun out of a safe, grease it up and put it into a cache along with some mags and ammo. You can't get at it daily or take it to the public range but you would have the rifle in case of some sort of SHTF type need. On the other hand for a person who is known to own said gun(s), especially if he is not in favor with local law enforcement that is probably not the best plan. These laws are ignored for well known liberals, vigorously enforced on well known conservatives and more or less universally if lethargically enforced on the common man. Also if you rely on a gun as part of your current (vs magical SHTF time) defensive setup having it greased up in a PVC pipe 3 feet under the ground in the woods 400m from your house is not a good plan.

An option for an individual who might have multiples of the same type of gun (specific such as 2x AK/AR or general such as an AR and a Mini 14) might be to register one and stash another. If some of the purchases were discrete private party transactions that would make this option a lot easier. This way there is a legal weapon in your home that can be used to train, enjoy and defend yourself and another stashed in case your state gets grabby. Something to think about anyway.

As to one thing Mr Lonsbury said I have to disagree.
"The fear is that registration leads to confiscation. We shouldn’t fear the consequences of that, Andy, you should. Because when you come for the guns it won’t be the Capitol in the dark of the night, it will be Lexington green in the full light of day. We won’t think of Abraham Lincoln, we’ll think of Charlton Heston.



So we’re clear, Andy, the next step is cold, dead hands."

That sounds really nice. Also I genuinely hope this terrible law is repealed in it's entirety. Hoping for New York to swing back to the conservative side is probably unrealistic, akin to hoping for Kentucky or Texas to go blue. 

It is not an absolute that registration always leads to confiscation. Then again I am not aware of any exceptions. It would probably be reasonable to say that most widespread registration schemes have led to at least some firearms being sold/ transferred/ confiscated/ destroyed.

In New York the question of what could happen is pretty clear. We can look at what happened to our friend Commander Zero, a New York native, way back in the 90's. They sent him a piece of paper and since he'd moved to Montana he scrawled Molon Labe on it then sent it back. Ya know what they did, sent cops to his old address in NY. The bottom line is that it's not going to be a field full of militiamen (unless you know a bunch of them willing to violently resist confiscation, unlikely in NY) awaiting the British; it is going to be a couple of cops showing up at your door. Instead of people you probably don't know and have never trained with at your side it will be the while the Mrs and your kids are sitting in the living room in the line of fire.

I have my own personal beliefs about gun confiscation in America. This is one of those places where states are seeing and I believe will continue to see increasingly divergent out comes. As a matter of fact New York has actually sent armed men to normal peoples homes to forcibly take their private property (in the form of newly verboten weapons). I think California has done the same thing. This is something I cannot see happening in Oregon, Idaho, Texas, Louisiana, Georgia, etc all. In many of these places I am unsure how much government and law enforcement would participate. I suspect such confiscation would be widely ignored in these sorts of places and in some cases maybe actively opposed.

Unlike some who talk a big game on the internet then do whatever the cops say if something actually happens I have never really been in this situation so I'm not a hundred percent on what I would do. Also if I did know and had plans to potentially violate a law it would be foolish to say so. One could look at my posts on private party firearms though the form 4473 isn't that huge of an issue really and caches, such as an operational cache and draw their own conclusions. The choice on what to do in a situation like this certainly has a lot of factors. At the end of the day it comes down to a choice everyone has to make for themselves.

Thoughts?

Edited to include: On the topic of gun confiscation in the Peoples Republik of Kalifornia. I am not entirely sure of the status as to whether that has really happened. Sort of hinted at that with the 'I think' in the first post but as Aesop noted for the sake of intellectual honesty that is sort of a question mark. As to a full on ' you are on the list' a la NYC thing baring compelling evidence from a legitimate source I've got to say I cannot confirm that sort of thing happened. That being said I have heard enough whisperings here or there to say there could be some truth to the matter. The shades of grey as to how much confiscation has been clouded in 'mental instability' or 'anonymous tips' or whatever I cannot say; there could be enough wiggle room there to pick the answer that fits your mood and purpose. 

Wednesday, March 12, 2014

got throwaway piece?


The idea of an unregisteeed and difficult to trace (ie not bought from your cop buddy who ordered it through a local shop or such) gun comes up in popular fiction occasionally. In cop fiction they are often called throwaway pieces. I distinctly remember one episode of the shield when vic's semi loveable arguably psycho criminal minions shot some innocent guy. Vic showed up to fix the problem. Under his spare tire was not just 1 random piece but a whole bag of them.never know when you might need a dozen spare untracable handguns right? I strongly suspect soldiers in Iraq and Afghanistan have done similar things to avoid rules of.engagement problems on genuine bad guys as well as try to cover mistakes or outright murderer. I certainly hope as a.civilian ill never need that sort of thing but it might not be a bad idea to plan ahead. Something to think about anyway.

Thursday, May 16, 2013

RE: When They Come For Your Guns



I enjoyed this Hoss USMC video. Like most things his perspective is well thought out and logical. Dude just makes sense.

Here are my thoughts on the video:
1) It should have been titled "IF They Come For Your Guns". Personally gun confiscation is pretty low on my list of concerns. Though if I lived in Kalifornia, New York, Chicago, etc I might feel differently. Simply cannot see that happening in most of the US. Anyway moving on.

2) People are more important than things. I can get another gun much easier than I can recover from lethal wounds. This is made much easier conceptually if you have backups, in this case guns with ancillary stuff, stored someplace other than your home. That brings us to Caches.

3) Caches. Like I talked about before you have to consider the context of a cache. In this case I would look at the type of people you might store things with first. Like John Mosby said more or less "Hiding crates of Mosin Nagant's in the basement of the Gun Club's President is not a sound plan". An ideal candidate to cache some stuff with would be either for your cause but very quietly so or relatively neutral about it but very pro you and thus willing to help you out.

In terms of proximity a cache would need to be far enough away from you to be unaffected by the event that concerns you but close enough for you to get to if that event happens. Obviously a cache of guns buried 5 feet from your house or stored with the next door neighbor is a bad plan. On the other hand a gun 2,300 miles away isn't very helpful either. Somewhere between a mile and a hundred miles is probably a good way to go. Of course that is just a rough idea. Obviously a quarter mile from home buried in the state park would be fine. Political boundaries are also a consideration. If you live in California a buddy in Oregon/ Nevada/ Arizona would have some real benefits. Ditto for Cook County, Ill and Pop's Farm in Cornville.

Of course like any other cache appropriate planning and preparation is required.

4) Bait Guns. While I have my doubts about how unwinding all the the NCIS and ATFE 4473 mess for all guns on a national scale but lets just say that happened with some degree of effectiveness. In any case unless they are literally going block by block, door to door searching homes the folks knocking at the door probably know you have some guns. It would probably be a hard sell to convince them you do not have a single firearm. At a minimum that would likely garner unwanted attention. Since you want them to leave, not get deeper into your life, that is bad.

Awhile back Maine Prepper had the excellent point not to try giving them a broken rusty BB Gun and saying it is your only gun. A more realistic option might be a handgun as well as a shotgun / .22/ rifle. The first advantage of this plan would be you have these guns in the home prior to this hypothetical confiscation. A rifle to go hunting, a pistol and shotgun to defend your castle, whatever. If these are basic guns they can be very functional but had purchased at modest costs; particularly if you can buy them when opportunities arise. An old .38 and a Mosin Nagant or pump shotgun could be had for under $500. Aside from the benefit of having more quality guns now you can show them what they expected (which is to find some guns) getting them out of your hair. The second benefit would be that you are meeting their expectations which will get them out your door faster.

As to the rest of your guns? If folks are just doing a door to door search they came and found (or you handed over, whatever) your bait guns then I'd keep my mouth shut. Talking as little as possible around Cops is not a bad idea anyway. On the other hand maybe somehow they unwound all or part of the NCIS/ 4473 mess. At this point they are asking about the Glock 19 SN 12345 I purchased on 9 June 2008 at Shooters in Columbus GA. This rather unlikely scenario is one of the biggest reasons to buy paperless guns.

Well in most of the US private sales are currently legal with no requirements for documentation or going through an FFL. A plausible lie that would be very difficult to disprove might be the order of the day. I sold a bunch of guns a few years back: when I was getting stationed in Germany, was out of work for a few months, needed money when the Mrs got pregnant, had to fund a move from Ohio to Kansas, realized I hadn't hunted in years, swapped it for auto repair on a car that's since been sold etc or something else plausible like it fell out of the boat on a fighting trip, was stolen and you mindlessly forgot to report it, lost it in a poker game or whatever. The point would be to choose something that would be plausible and generally matches with some known facts from your life, yet would be just about impossible to disprove. I like events years in the past that occurred in other areas. Sure if the proverbial federal 'eye of mordor' shifted onto me they could try to track down an older shade tree mechanic from Kansas circa 2009 but in a mass confiscation scenario that would not get run down. I suppose this would be easiest for somebody who hasn't bought a papered gun in years that has also made a big move or two. If you've always lived in the same town and bought an AR-15 last summer it might be a bit harder to be convincing and vague at the same time.

It is also worth noting that you would want to rid the home of ammunition, accessories, etc for guns you are hypothetically claiming are no longer in your possession.  I expect a mag or box of ammo in the back of a closet could be explained away. However huge stacks of ammo cans and dozens of AR-15 magazines  and Glock 17 magazines for the guns you claim to have sold/ whatever would be a hard sell.

So anyway those are my thoughts on that. As always your input is welcome.

Monday, April 8, 2013

What Did You Do To Prepare This Week?

Bought some wheat, some powdered butter, brownie mix, fruit and various other stuff. Trying to add some variety to our stash. Also had the opportunity to sample some OvaEasy Whole Egg Crystals Powdered Eggs which are pretty good. A definite step up from other brands I have tried. 

Working on getting some weapons cleaned up. I think it's at a 75% solution but am going to work at it some more. On the plus side things are better than I thought. The shotgun I am probably going to touch up with some sort of finish but don't think I need to repaint at this time. Would rather do that to take care of the issue then figure it out down the road. Can always decide to rattle can it green and tan down the road but it's harder to go backwards. The blued gun is probably going to be left alone carefully oiled. A bit of character in an older gun is kind of cool.

Been doing some acting thinking lately. I cannot tell you what to do; however buying a  paperless gun or two to put away or maybe flipping some papered guns into non-papered guns might be something to think about. We have sort of talked about this before

Also I got another strawberry plant and some of the seeds that I sprouted are growing and probably getting close to ready for planting. I am really enjoying the chives and green onions from the garden. Being able to get what I need for a meal fresh and not have any waste is great. Hoping to do the same with lettuce and spinach in a few weeks. 

Been doing some experimenting with cooking new foods. Sometimes batching it you cook what sounds good for dinner. Might talk more about that down the road. 

Anyway that's what I have been up to. What have you done to prepare this week?
 
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