I'm not sure I understand why you think there would be an effort to destroy the NICS and I am unclear as to why a 10 day waiting period is significantly more than an inconvenience to the purchaser. I am a gun owner and I am considering the purchase of another hand gun. Having to wait 3 days, 5 days, 10 days, or longer is not a big deal and I'm trying to understand the scenarios in which it would be.
It's not a big deal, and it wouldn't fix anything. But let's say the NICS had to look at social media posts and other connections besides just criminal history and judgments of mental capacity. Let's say it denied more than a tiny percentage and the appeal process got broken. Slippery slopes get very slippery.
This argument is ridiculous, in my opinion. "It would be a federal crime, for instance, in your back yard, if you lived out in “the country,” to give your rifle to your buddy so he could help you zero it. If someone decided to report you (a neighbor hearing shots, or some schmuck driving down the road) to the ATF, they could come and arrest you for breaking the “no private transfer” law. You’d have to go to a regulated shooting range to give your buddy your rifle, and God forbid he leaves with it."
Based on the legal definitions of 'transfer,' this argument seems quite far-fetched.
Legal definitions:
Transfer is an act of the parties, or of the law, by which the title to property is conveyed from one living person to another.
Transfer is an act of the parties, or of the law, by which the title to property is conveyed from one living person to another.
Transfer means any assignment, pledge, conveyance, sale, transfer, mortgage, encumbrance, grant of a security interest, issuance of a participation interest, or other disposition, either directly or indirectly, by operation of law or otherwise.
Read the law. Transfer of a firearm is very much rooted in possession. You hand someone a gun, that can be considered a transfer. "Title" to a handgun or long gun is irrelevant in that it is not real estate or a building. It's a thing that can be handed from one person to another. Giving your buddy your rifle could definitely be a "transfer" the way the gun law is written.
I think it a great stretch to say that the word 'transfer' would be used to describe allowing someone to handle your gun while in your presence as per your example. Is there precedence where terminology in law has been successfully manipulated in this way?
I'm not sure I understand why you think there would be an effort to destroy the NICS and I am unclear as to why a 10 day waiting period is significantly more than an inconvenience to the purchaser. I am a gun owner and I am considering the purchase of another hand gun. Having to wait 3 days, 5 days, 10 days, or longer is not a big deal and I'm trying to understand the scenarios in which it would be.
It's not a big deal, and it wouldn't fix anything. But let's say the NICS had to look at social media posts and other connections besides just criminal history and judgments of mental capacity. Let's say it denied more than a tiny percentage and the appeal process got broken. Slippery slopes get very slippery.
This argument is ridiculous, in my opinion. "It would be a federal crime, for instance, in your back yard, if you lived out in “the country,” to give your rifle to your buddy so he could help you zero it. If someone decided to report you (a neighbor hearing shots, or some schmuck driving down the road) to the ATF, they could come and arrest you for breaking the “no private transfer” law. You’d have to go to a regulated shooting range to give your buddy your rifle, and God forbid he leaves with it."
Based on the legal definitions of 'transfer,' this argument seems quite far-fetched.
Legal definitions:
Transfer is an act of the parties, or of the law, by which the title to property is conveyed from one living person to another.
Transfer is an act of the parties, or of the law, by which the title to property is conveyed from one living person to another.
Transfer means any assignment, pledge, conveyance, sale, transfer, mortgage, encumbrance, grant of a security interest, issuance of a participation interest, or other disposition, either directly or indirectly, by operation of law or otherwise.
Read the law. Transfer of a firearm is very much rooted in possession. You hand someone a gun, that can be considered a transfer. "Title" to a handgun or long gun is irrelevant in that it is not real estate or a building. It's a thing that can be handed from one person to another. Giving your buddy your rifle could definitely be a "transfer" the way the gun law is written.
I think it a great stretch to say that the word 'transfer' would be used to describe allowing someone to handle your gun while in your presence as per your example. Is there precedence where terminology in law has been successfully manipulated in this way?
Maybe you trust Joe's regulators and DOJ too much.
Additionally, I'm certain that intent is very much applicable when determining 'transfer.'