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Reply #2: Not a bad article; still a few errors [View All]

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Home » Discuss » Topic Forums » Guns Donate to DU
Euromutt Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-02-09 11:32 AM
Response to Original message
2. Not a bad article; still a few errors
The use of the term "private dealer" is good for one pounding of the forehead to the desk, especially after the correct term "private seller" has been used earlier.

Then there's this:
However, it's illegal for <private sellers> to sell to someone they suspect wouldn't pass a background check.
I'm not so sure. Title 18, Section 922, subsection (d) of the United States Code (http://www.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000922----000-.html) lists a number of things that prohibit transferring a firearm to a person if the transferring party "knows or has reasonable cause to believe" that one or more applies to the receiving party. But a failed background check is not, in and of itself, conclusive evidence of that. If you have the misfortune of having the same name and being about the same height and weight as someone who's in the NICS database, you might not pass a background check, even though you're not that person.
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