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There is nothing to prove where he got the gun from. It was purchased in GA in 1996 by an Asian guy. Obviously, the gun was most likely stolen as one his most recent felonies was with another stolen gun.
Federal law requires federally licensed firearms dealers (but not private sellers) to initiate a background check on the purchaser prior to sale of a firearm. Federal law provides states with the option of serving as a state “point of contact” and conducting their own background checks using state, as well as federal, records and databases, or having the checks performed by the FBI using only the federal National Instant Criminal Background Check System (“NICS”) database.
Federal law requires federally licensed firearms dealers (but not private sellers) to initiate a background check on the purchaser prior to sale of a firearm. Federal law provides states with the option of serving as a state “point of contact” and conducting their own background checks using state, as well as federal, records and databases, or having the checks performed by the FBI using only the federal National Instant Criminal Background Check System (“NICS”) database.
Yes firearms dealers require background checks in GA but private sales which is the case here do not, very popular dealership for criminals by the way.
A background check wouldn't have stopped the first guy from buying the gun. The rest of the story is meaningless pertaining to background checks.
They know who originally bought it and it still happened. No one can trace what happens after it leaves the store whether that store is in NY or Georgia. People get guns stolen all the time and don't even know it.
It would not have stopped the first person from buying the gun but if there were additional checks as it changed hands it would have led to the person that sold the gun to a criminal. If someone has a gun stolen and doesn't know it and does not report it they should be prosecuted.
Idiotic article. If he bought from a PAWN SHOP, the shop has to be an FFL licensed dealer. As such, yes, a criminal background check (NICS check) must be done. Not that it would have to be-as a non-resident of GA, a GA business could not legally sell a handgun to him.
If he bought the gun from a criminal, NO BACKGROUND CHECK would obviously be done. So, as usual, we have a demonstration of the failure of existing gun control law being used to justify more failed laws. Ones that do absolutely nothing o control crime.
The fault is of the criminal justice system. The relevant part of the article:
Quote:
Brinsley was barred from owning a gun because he had committed multiple felonies;
The obvious question for anyone with an IQ over 60 is, why was he not in prison in the first place? Why was a multi-time felon go free, to continue to prey on the public? And in this case, 2 law enforcement officers. The "legal system" of the state is on trial here, not other state's gun control laws.
Yes firearms dealers require background checks in GA but private sales which is the case here do not, very popular dealership for criminals by the way.
Pawn shops that sell guns are required to be an FFL. That means when this gun was sold to whoever the purchaser was, a NICS check was performed.
If they catch an FFL store not doing background checks, they will be prosecuted and lose their Federal Firearms License.
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