Last time. The buyer had a fake NM ID and a history of mental illness. Which a background check would have uncovered.In a pre-arranged meeting last spring in New Mexico, John Karnis legally sold a young man two handguns, an extra ammunition clip and ammo for $810.
The cash transaction in an Albuquerque strip mall, resulting from a newspaper classified ad, took only 10 minutes to complete. At the time, it was an uneventful meeting [B]in a state where private parties can sell guns anywhere they choose without background checks and paperwork.
In New Mexico, a handgun sale between private parties can be made if the buyer is 18 or older, is not a convicted felon and is a resident of the state, but there is no background check. By contrast, in Pennsylvania, the buyer in a private handgun sale must be 21 with no criminal or mental health commitment history. The buyer and seller must complete paperwork about their backgrounds that is then processed by a licensed gun dealer who performs a computerized background check
Read more: http://www.post-gazette.com/stories/...#ixzz2HxvUFfel
Mr. Karnis said Mr. Shick showed him an identification card from New Mexico; it was not a driver's license, but he can't remember where it was from. He asked Mr. Shick if he was a convicted felon, and he said, "No." He did not ask him if he had been committed to a mental institution because the state's law for gun sales does not require a seller to do so.
Four months earlier, Mr. Shick tried unsuccessfully to purchase a gun in Portland, Ore., but was blocked because he had been committed to a mental institution in that city in January 2010. That commitment -- which Port of Portland police petitioned for after Mr. Shick assaulted an officer and yelled nonsensically -- precluded him from buying a weapon from gun dealers in that state. In Oregon, as in Pennsylvania, those who have been committed to a mental facility cannot possess firearms.
Read more: http://www.post-gazette.com/stories/...#ixzz2Hxx8pJd2
He wasn't a resident of NM. A background check would have made that plain, as well as his commitment history.
You are illustrating the problem--the laws are inadequate and a swiss cheese attempt to regulate. This guy who sold a non-resident with a history of mental illness guns, he didn't break any laws--he claims he saw some kind of ID, interestingly enough not a drivers license--which elegantly highlights the problem.
Which made the sale illegal under the existing GCA of 1968, a law that has been in place for 45 years, yet not followed.
You also illustrate the problem with criminals who illegally sell regulated firearms-they ignore the law.Originally Posted by ms maggie
The seller already broke one Federal Law by selling to an out-of-state resident, what makes you think he would have submitted the buyer to a background check?
News flash - people engaged in crimes are called criminals. Criminals by definition are people who do not obey laws.
Of course.
He did not break NM law. He asked for ID and claims he got it. There is no paperwork to fill out, no background check. So if he is shown a fake ID, oh well.
Note, the seller has not been arrested or prosecuted. Again, oh well.
This guy tried to buy from a private seller in Oregon but because of the laws re background checks in Oregon, he was turned down.
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