After the Senate voted to move forward on the gun control bill yesterday, Sen. Pat Toomey R-Pa. finally released the relevant text of his background check compromise with Sen. Joe Manchin D-W.V.
It appears that private gun sales will require background checks – if the gun for sale is advertised online or in a publication.
Here are the relevant sections:
“(A) at a gun show or event, on the curtilage thereof; or
“(B) pursuant to an advertisement, posting, display or other listing on the Internet or in a publication by the transferor of his intent to transfer, or the transferee of his intent to acquire, the firearm.
+++++++++++++++++++++++++++++
SEC. 129. RULE OF CONSTRUCTION.
Nothing in this subtitle, or an amendment made by this subtitle, shall be construed-
(1) to extend background check requirements to transfers other than those made at gun shows or on the curtilage thereof, or pursuant to an advertisement, posting, display, or other listing on the Internet or in a publication by the transferor of the intent of the transferor to transfer, or the transferee of the intent of the transferee to acquire, the firearm
In this case, if you advertise your gun in an online gun forum or in the local classifieds, you and your potential buyer will probably be required to travel to a gun store for a background check before you can sell your gun.
If you start telling your friends and neighbors that you have an AR-15 for sale and someone appears on your doorstep with $1000, it appears that you won’t require a background check to sell it to him.
The Daily Beast’s Adam Winkler imagines another scenario:
Another important section suggests that family transfers will exempt from background checks.
In this case, it appears that a mother could buy a rifle for her son for his birthday – and although she would receive a background check to purchase the gun, her son would not be expected to get a background check to receive it as a gift.
