It's easy to call out the flaws in any system and to declare that what is can't work. It is far harder to come up with a viable solution that will take into account the many possible variations and be practical in the real world. This is why there is a saying "Don't let the perfect get in the way of the good" It acknowledges that perfect is unlikely so you need to focus on the good and work toward improving things. Even though you will never achieve perfection.
I can come up with a minimally infringing system in an hour, but its a pointless exercise. "They" would never allow it to be legislated because it would give gun owners too many "perceived" advantages. The discussion must start with "the system must fail open to the gun buyers favor by default" if it doesn't and they won't accept that (and they wont) then its not much better than the garbage we have now.
Delay should be changed to "provisional proceed' which means its a default proceed but the gov gets a chance to go arrest someone if it turns into a legit denial, somehow... (eg, the same thing that happens with a 3 day default proceed, although no more f***ing 3 day wait shit, considering that most 3 day delays end up going to a proceed anyways, so just f***ing do it, and then deal with the bad guys later, instead of pretending 3 days will do anything. )
Instant Denials should only be based on incontrovertible matches where X out of Y things match and probability says its difficult for it to NOT be a coincidence. All else is provisionally
proceeded if its questionable.
.gov needs to absorb more burden than the citizens do. False Denials that are overturned should also be entitled to recieve a minimum 10,000 payout from the gov. 30,000 if they get wrongfully arrested as a result of it. That'd clean up their stupid f***ing database real quick.
Or maybe hire some NICS examiners that arent braindead morons. (this is a gigantic factor in the whole equation, BTW... it comes readily apparent when you call the NH NICS POC and a few of those people will do the 2 minutes of legwork to proceed some guy that the feds would have delayed on the other side. )
Then when it goes full proceed, all records are destroyed. All of it. An FFL should only have to hang on to a full proceed 4473 for 30 days. Then it can be legally destroyed. At the end of the calendar year the FFL has an option to start a new bound book, in which case the only carryover is inventory and guns otherwise not logged out. All full proceed guns can be completely purged from the BB.
There's way more but im not going to bother getting into it.
I'm also putting aside the fact that a BG check is unconstitutional to begin with. Or at least it should be. I'm basing my framework on an idea where you could have a minimally infringing
system that will make useless NPC retards feel good and not burden the gun owner or FFL too much. (the idea of making FFLs accept the burden of dealing with delays is also retarded, gov isnt paying them for that shit. )
So
@drgrant , you declared that this will do nothing. Now try presenting your real world applicable solution. My guess is you can't. You'll gloss over the details and create some fantasy that only works in some magical world.
Solution for what? rubbing the genitals of a system that shouldnt exist to begin with?
Ratting on a gun buyer to the local cops who, outside of extreme anti gun jurisdictions, are just going to circular file that shit, does nothing. (BTW, if the person is really bad, and they get denied, NICS will call the police on them on the spot anyways, so not sure what this stupid system is trying to accomplish, I think they want to encourage cops to harass some guy who sold like 3 bags of pot in 1983 and naievely thought that because now pot was legal, he might be able to buy a gun. It's pretty obvious the intent of this kind of thing is just to frighten gun buyers away. As it is we see it in MA with the whole licensing system and the perjury traps set up on application , etc. The whole idea is to intimidate and scare people
away.
You denigrate what others try to do to improve the situation and yet offer nothing helpful. That's the problem, too many shouting "this sucks" and "that will never work" but offering nothing to help.
You posit this as though somehow it is a good thing. It is not. This has me a bit confused. This is not an improvement, of any kind. Unless you believe in the NRA/jingocon fairytale of "enforcing da lawrz on the books" but I would like to think you are way smarter than that. Also state and local PDs typically only have very little to do with enforcing shit federal gun
laws. In many, many cases, there is no analog in state or local law for "lying ona background check" etc, or other stupidity.
I recognize that our legal system is flawed, corrupt, and abusive. But I also recognize that we need a legal system. So the only real question is where we draw the lines. We can't just throw the whole idea out because it won't be perfect.
This isn't about a legal system, its about a background check system that is fundamentally unconstitutional and inherently violates basic tenets of US common law. (starting with the FACT that it is constructed as "guilty until proven innocent" and inherently suppresses rights without due process! Not sure why that is so difficult to understand. On any given day NICS is at best, a tolerated/necessary-to-do-business-kind-of-evil by dealers that largely just interferes with selling guns to people. People who, btw, overwhelmingly pass the background
check. Gun buyers likely have a proceed rate far higher than the average local public high school does at producing graduates.
If you're going to reference the legal system, you might want to start with the fact that the entire BG check system is incompatible with basic tenets of our legal system.... it's kinda hard to get around that. At some point people
need to stop being beatrice and look at the reality... you chide me for "producing a fantasy world" well the entire f***ing NICS system is birthed into the legal equivalent of disneyland.
Just because "it was always done that way" doesn't undo the wrongness of the situation. That's like saying "Rape is OK if Cosby does it, because we know hes a rapist and he been doing that for years".
ETA: BTW "Perfect is the enemy of the good" only works if the thing we're talking about is "good" in some way. It isn't. At all.