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this post was submitted on 17 Oct 2023
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What are the requirements for other weapons? Does California require a criminal record check for firearms purchases too? I’m Canadian.
All US firearms purchases made at gun stores involve background checks. In some states (like California) you are also required to do so for private party sales (like buying from your neighbor).
I don't even own a gun, so maybe somebody with more experience can correct me, but I do believe that many states, if not all, require a background check and waiting period. I assume there are certain crimes that remove your right to own a firearm. There are (or were) loopholes for purchasing guns at gun shows where a background check and waiting period are infeasible.
As for other weapons, there aren't such provisions, but it may depend on the weapon. A bow and arrow, hunting knife or machete can be purchased at any wall-Mart. A grenade? I'm not sure.
All states require you to get a background check on the purchase of a firearm from a gun store. Waiting periods are in a minority of states. Pretty much any felony, even nonviolent ones prohibits you from buying a gun.
The 'gun show loophole' is actually just the in private party sales (like selling your neighbor your gun) no background check is mandated. This is because the law requiring background checks is a federal law and the federal government has the authority to regulate interstate commerce but not intrastate commerce. Some states like NY have stricter background check laws than the federal law.
Bows, knives, & machetes all don't require background checks. Grenades, technically any can get a license to own & make explosives but each one carries a $200 tax in addition to the hoops required to get the license, so pretty much no one really does that recreationally.
I didn't mention it in my comment but you assume a lot of risk in a private party sale. We aren't talking about illegal guns but ones that have been registered at some point in time if they aren't historical.
If you want to sell a gun, you should go through an FFL to avoid liability.
All retailers are required to have a Federal Fire Arms license and background checks are required for all purchases made through an FFL. That means all gun show purchases made through an FFL as well.
The "gun show loophole" is a political myth used by politicians on the left to describe a legal purchase through a private sale, which may or may not happen out in the parking lot of some gun show. But not through a licensed vendor.
So when travelling with a straw man that big, make sure to look out for flying monkeys and green-skinned witches. Not to worry though, a fairly large percentage of your travelling companions will have their eyes peeled for anyone who's not white and acting outside their expectations.
The concern has always been unregulated sales between people who are not within the spirit of the exception, and it's a real risk, evidenced in part by the pedantic nitpicking that the right will do of every utterance even tangentially threatening to the sacred guns.
What is this straw man fallacy you're seeing? I haven't made any arguments; I'm simply stating facts about how legal gun purchases work in the United States.
From what I understand, given IANAL and don't own one:
Background checks: Yes
Waiting period: no
Crimes: any felony, or domestic violence charges
Gun shows: AFAIK that's never actually been true
Other: Probably 16 or 18+ but I don't think there is anything federal
Explosives: lots of paper, similar to an automatic firearm