Search found 6 matches

by Lucky45
Thu Apr 19, 2007 5:02 pm
Forum: General Texas CHL Discussion
Topic: None citizen with CHL buys guns, still need background check
Replies: 30
Views: 3989

txinvestigator wrote:
Lucky45 wrote:
txinvestigator wrote: I agree mostly, but not that the ATF makes the final decision on who gets a gun. I don't follow that logic. ATF makes no decision past the licensing of dealers.
Ok, so I guess we can say the same thing for TX DPS and CHL Instructors. ...., are you saying that they don't make a final decision past the licensing of the instructor? Therefore they can't revoke my coworkers license.
You CHL comparison is invalid. CHL instructors are not a government regulating agency.

DPS is the approving agency, ....

So are you making my point? Therefore, guns dealers are not a government regulating agency.

Is ATF the approving agency???
by Lucky45
Thu Apr 19, 2007 4:37 pm
Forum: General Texas CHL Discussion
Topic: None citizen with CHL buys guns, still need background check
Replies: 30
Views: 3989

txinvestigator wrote: I agree mostly, but not that the ATF makes the final decision on who gets a gun. I don't follow that logic. ATF makes no decision past the licensing of dealers.
Ok, so I guess we can say the same thing for TX DPS and CHL Instructors. If my coworker just fills out the CHL forms and pays an instructor to sign them and turn in. Coworker never attended a class or range test and gets a CHL license. If DPS finds out, are you saying that they don't make a final decision past the licensing of the instructor? Therefore they can't revoke my coworkers license.

I think this scenario has happened plenty of times where instructor weren't performing to DPS requirements and they went back and revoked the CHL licenses of previous students. So where does the final decision making stand?
by Lucky45
Thu Apr 19, 2007 9:58 am
Forum: General Texas CHL Discussion
Topic: None citizen with CHL buys guns, still need background check
Replies: 30
Views: 3989

txinvestigator wrote:Fair to say, " regulated by ATF and backgrounds run thru the FBI in Texas?
Fair to say,as earlier, gun purchases goes through the ATF and FBI are just used as background checkers. As noted before, not all states go through FBI.
So ATF makes final decision on who gets a gun, since they issue licenses to gun dealers. They just use info from FBI (by law) to make their decision.
by Lucky45
Wed Apr 18, 2007 10:47 pm
Forum: General Texas CHL Discussion
Topic: None citizen with CHL buys guns, still need background check
Replies: 30
Views: 3989

txinvestigator wrote:
Gun Purchases don't go thru the ATF. The FBI does them.

The 4473 asks if you have ever been adjudicated as mentally defective. However, they don't ask about being diagnosed with specific conditions or prescribed medication for specific conditions like the CHL does.


You are right once again. Let me rephrase myself.

The TRANSFER of a firearm from a Federal Firearm Licensee (FFL...ie, gun dealer) to a PURCHASER (Average Joe) goes through the ATF. Since part of their job is the enforcement of Federal requirements for gun purchases, then the FFL has to adhere to certain procedures.
One of those procedures is the execution of ATF Form 4473 (Firearms Transaction Record). Federally licensed dealers must comply with the Brady law prior to the transfer of any firearm to a non-licensed individual.
[18 U.S.C. 922(t), 27 CFR 478.102 ]

Part of the Brady Law has the requirement for licensees to initiate background checks of individuals to whom firearms are transferred by contacting the National Instant Criminal Background Check System (NICS).

NICS is operated by the FBI. Licensees initiate NICS checks through the State point of contact (POC) and not always NICS as some states act as a point of contact. In some States, the POC conducts background checks for all firearms transactions. In other States, licensees must contact the POC for hand-gun transactions and the FBI for long gun transactions. In some POC States, NICS checks for pawn redemptions are handled by the FBI.



Thanks for the correction.
by Lucky45
Wed Apr 18, 2007 8:35 pm
Forum: General Texas CHL Discussion
Topic: None citizen with CHL buys guns, still need background check
Replies: 30
Views: 3989

KBCraig wrote:I'm ashamed to say that this week I've had to lay into several supposedly pro-gun folks over the issue of non-citizens owning guns. It seems the Virginia Tech shooter being a resident alien seems like justification for them that "those people" ought to be banned from owning guns. :evil:

I think one of the new info that is coming out is that the guy has a couple mental episodes. I think that is where he kinda got through the loop hole in obtaining the guns. I think for TX CHL they have "mental episodes" as a disqualifier for obtaining a CHL. I don't know VA law, but if states could cross check people with the "NUT HOUSE" when purchasing guns or CHL then you could cut out a large percentage of these unstable people to begin with.
That could be a change they make in their procedures to have ATF cross check applicants with the NUT HOUSE.
by Lucky45
Thu Mar 22, 2007 6:31 pm
Forum: General Texas CHL Discussion
Topic: None citizen with CHL buys guns, still need background check
Replies: 30
Views: 3989

Hey Stupid,
I would have told him to keep the guns and give me my money back. Take your money elsewhere, like alot of people in here say all the time.

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