Could a Federal UBC law have a potentially good side effect???

[Kirk Freeman]

Legal scholars weigh in here............

Follow my logic...... The federal govt passes a UBC law that "prevents" the transfer of any weapon from anyone to anyone without a FFL doing a background check. Wouldn't this invalidate every state Red Flag law in the country?? Wouldn't it be "theoretically" impossible for any local, county, state law enforcement officer to take possession of ANY confiscated weapon because they haven't gone thru a background check? Wouldn't it be possible for anyone who's had their weapon confiscated to have such officer arrested on FEDERAL charges for failure to have such background check performed by an FFL?????

1. It would not invalidate any state red flag law.

2. Almost all statutes, including UBCs, exempt law enforcement. If not then all states, including Indiana, have statutes which exempt LEOs from criminal laws in performance of their jobs, e.g. drug laws.

3. You do not arrest law enforcement. You make a police report and law enforcement determines if anyone is arrested and then prosecuted.

 

[Kirk Freeman]

The purpose of UBCs is to attack the gun culture. To make buying, selling, trading, servicing, inter alia guns a hassle. It has absolutely nothing to do with crime.

 

[jbombelli]

The purpose of UBCs is to attack the gun culture. To make buying, selling, trading, servicing, inter alia guns a hassle. It has absolutely nothing to do with crime.

This, and it's completely unenforceable without a complete and accurate registry of all firearms in the country, with regular compliance inspections. How otherwise would the government know if I sold someone a firearm without doing a check? They couldn't.

 

[Hawkeye7br]

The purpose of UBCs is to attack the gun culture. To make buying, selling, trading, servicing, inter alia guns a hassle. It has absolutely nothing to do with crime.

This. X2