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:
It shall be unlawful for any person other than a licensed dealer, licensed manufacturer, or licensed importer to complete the transfer of a firearm to any other person who is not licensed under this chapter, if such transfer occurs-
“(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:
A private seller and a gun buyer who meet at a gun show can simply exit the show and complete the transaction in a nearby parking lot, with no background check. Or they can agree to meet after the show at a convenient location and make the sale, with no background check.
Another important section suggests that family transfers will exempt from background checks.
(2) Paragraph (1) shall not apply if- – (C) the transfer is made between spouses, between parents or spouses of parents and their children or spouses of their children, between siblings or spouses of siblings, or between grandparents or spouses of grandparents and their grandchildren or spouses of their grandchildren, or between aunts or uncles or their spouses and their nieces or nephews or their spouses, or between first cousins, if the transferor does not know or have reasonable cause to believe that the transferee is prohibited from receiving or possessing a firearm under Federal, State, or local law;
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.