Wednesday, June 25, 2014

Flaw in New West Virginia Gun Law Allows Criminals to Purchase Firearms

Freak Out Nation reports

A new law that makes it easier for West Virginia residents to buy a handgun also makes it easier for some people who have recently committed a crime to buy a gun. The new law allows anyone who obtains a new concealed weapons permit to buy a gun without undergoing a federal background check.

A check is required to get the permit, so supporters of the change say a second check is redundant.
But permits are only good for five years, so that means  if someone is convicted later of a crime which would typically bar a gun purchase, they can still buy one by showing the permit to the dealer.

The permit is supposed to be revoked if someone becomes ineligible to buy a gun, but there’s no effective mechanism to enforce that.

This is a big win for the NRA. The gun organization should be proud. This is what happens when you continue to saw away at gun regulations in states which already have lax gun laws.

That, “Gun control won’t stop criminals from getting guns’ talking point just went out the window.

It really does seem like the NRA actually wants criminals to have easy access to guns.  But, I think what's really going on is something slightly different. What they want is the maximum convenience for lawful gun owners and if that means criminals can more easily get guns, so be it.

Gun rights fanatics are so focused on their own rights that they refuse to even look at the obvious downside of their self-serving policies.  More people die and they're to blame.


  1. I'm thinking that FFLs might not be going this route. Federal law requires purchasers undergo an NICS background check for a purchase. Many states require some sort of state level purchase permit for some classes or all firearms sold in the state. When it comes to passing an ATF inspection, I'm betting the FFL defaults to getting the federally mandated federal background check.
    For example, in Minnesota, to buy a handgun or military style semi-auto rifle, you need to get a state level purchase permit which is I believe good for one year. However, you can also use your carry permit as a purchase permit, though the permit is good for five years.
    However, the states permit laws require prosecutors to inform the issuing Sheriff of charges brought which could affect the holder's permit eligibility along with any convictions. And as a double check, issuing Sheriffs are required to perform an annual background check on permits they have issued.
    If there is an issue, its easily fixed.

  2. Hmmm, it appears I've misspoken. It appears that whatever West Virginia's guns laws say, the ATF has determined that its laws meet their requirements as an alternative to conducting an NICS check. I actually found this on the NRA's site, but they linked to this notice on the West Virginia's Attorney General site,

    "For all permits issued on or after June 4, 2014, the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) will now
    recognize the required background check associated with West Virginia’s concealed handgun licensing process as a sufficient
    alternative to regular background checks under the Brady Law."

    I'm going to have to see if I can find out if Minnesota has the same exemption. It is interesting that the federal government doesn't seem to have a problem with this supposed flaw.

  3. And you're to blame for women getting raped, right?

    1. Thanks for that idiotic comment. That's the gun-rights fanatic's greatest smokescreen to shirk their responsibility. If you want loose gun laws then grow up and accept the consequences. They're on you.