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View Diary: Thwarting Gun Violence (104 comments)

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  •  There are ways to enfore this for guns that have (0+ / 0-)

    a history on them meaning bought through and FFL and incentivize parties to a sale to have a check performed where there is no history.  For guns that do not have a history you can incentivize sellers and buyers to have a NICS check conducted by creating an affirmative statutory defense against negligence. It is already illegal to sell a known criminal or disturbed person a firearm but this will almost almost always come down to the sellers' personal knowledge of the buyer.  If a seller sells a gun to a person that an NICS check would have identified as a criminal, mentally disturbed or a drug addict the various states could create their own criminal penalties for sellers who did not conduct a check though they were able to have done so and the buyer uses the firearm in a crime.  The standard for negligence is "what would have a reasonably prudent person done in a similar situation."  Negligence could be easilly be established in a civil case amd justification for the states' to enact their own criminal penalties if the government were to create a system that was readilly accessible to the parties, easy to use,did not impose record keeping requirements on the buyer or seller, and was free or of very little cost that would allow them to conduct an NICS check without having to go through an FFL. If such a system was available and a check was not conducted then the seller would open him or herself to third party claims of negligence if they sold a firearm to an individual that would have been identified as a criminal, mentally disturbed, a drug addict or other person the NICS check would have prohibited from buying a gun at the time of sale.  If for nothing else there would be incentive for law abiding sellers and buyers to have the check conducted for the peace of mind that comes with knowing that they have taken steps to ensure the gun is not being sold to a criminal or disturbed individual and as far as it can be known the gun is not stolen and has not been used in a crime.  In all cases the identity of the seller would have to be established.

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