Um, clearly you don't understand the system. It doesn't matter if 99.9999999999% of the public "supports" some political act if that act violates the constitutional rights of so much as ONE SINGLE PERSON. In such a case, the rights of the one outweigh the desires of the many. It was set up that way quite deliberately.
Besides, polls are not votes, and Senators are elected to do what they did, which is represent their constituents through the representative political process. The public's approval or disapproval of their actions will be manifested at the next election, where I think you will discover that the polls were entirely wrong.
You see, even I agree that doing a background check on someone who wants to buy a gun is a good idea, but the devil's in the details of exactly HOW that is accomplished, which is why the proposal went down.
Americans are NOT going to tolerate knee-jerk legislation that has the obvious, though sub-rosa intent of facilitating further federal government interference with the RKBA by creating the next step in a system of universal gun registration.
That intent is transparently obvious in the legislation that was put down.
Anyone with a lick of sense or a modicum of intelligence knows that requiring every firearms transaction be done through a FFL with a NICS check is pointlessly futile as a bar to criminals because UNLESS there is a universal gun registry AND a universal gun owner registry, there is absolutely no way to enforce such a requirement.
FFL's only do NICS checks by federal mandate because they have to do so to keep their FFL's, which in and of themselves are infringements on the 2nd Amendment. And they do them because they have to keep the paperwork forever, and let the BATFE inspect those records whenever they want, which frequently results in prosecutorial abuse over minor paperwork errors in a very complex and burdensome regulatory system.
And then there's the lack of enforcement of the existing laws which provide for prison penalties for even filling out a Form 4473 falsely. Every person who fills one out and is rejected by NICS should be investigated immediately and, in theory, arrested and charged. But even the BATFE and FBI know that their records suck donkey dick and are filled with mistakes, so much so that some 40% or more of NICS denials are overturned on appeal because the person was misidentified as being disqualified in the federal records. And of the actual criminal acts where people knowingly try to buy a gun while falsifying the Form 4473, out of hundreds of thousands of such rejections, only about 70 have actually been prosecuted.
So, mostly what the NICS check does is delay things without really having any effect on preventing criminals from getting guns because, it has been discovered, criminals very infrequently buy their guns at gun stores...or at gun shows for that matter. They get them by theft and illegal purchase which is, interestingly, already illegal.
Therefore, a universal background check such as that proposed does nothing to stem the flow of guns to criminals, and it just inconveniences law-abiding citizens. But the actual intent is far more nefarious, because if Obama can get universal background checks passed, the NEXT step is to change the law so that the BATFE can KEEP the NICS records and link them to individuals in their newly-requested multi-source database system that will aggregate personal data from everywhere and create identifiable linkages between individuals. This would allow BATFE to track both guns and individuals, and it would create a defacto gun registry, which would (in the next stage) simply be legitimized by Congress because if the federal government gets it's slimy fingers on personal information, it WILL USE IT, even if it's explicitly prohibited from doing so by Congress, as proven by the two or three times the BATFE has been caught keeping NICS records, which is strictly AGAINST THE LAW. But not one swinging dick at BATFE has ever been arrested and thrown in prison for breaking that law.
So, we, the People are rightfully suspicious of any attempt to impose more background checks through FFL's.
However, there IS a way to increase the use of the NICS system and potentially prevent criminals from getting guns in some cases, which is to allow individual gun selling citizens to request a background check on a potential buyer themselves, anonymously, and without giving any information on the firearm itself.
All that's required is legislation that opens up the FBI NICS system to any citizen to call a number and give the operator the name, DOB and other ID information on the potential buyer and request a clearance. The seller need not give a name or any identifying information, and need not mention anything about the firearm, he just asks for a clearance on the ID information given. If the person is cleared, the sale takes place and all the feds know is that a background check was run on individual X. They don't know who the seller is or what gun was transferred. If the person fails the check, the seller is advised of this on the phone and it's up to the seller to abide by the EXISTING law which forbids him from selling a firearm (of any kind) to a person whom he has reasonable cause to believe is disqualified. And more than that, the potential buyer, who has VIOLATED THE LAW by even attempting to buy a gun, gets investigated by the feds and potentially arrested and charged.
Making the system voluntarily and trusting in the concern of law-abiding individuals who would bother to call for a check not to sell to a disqualified person would substantially improve the system without impinging further on our rights.
This is reasonable and rational because a seller who personally knows the buyer will have little need for a background check, and a responsible seller selling to a stranger will want to be sure they are qualified, while an irresponsible or criminal seller won't care and won't get a check...nor would such a person abide by a universal check law.
And THAT is the determinative factor. You can mandate universal background checks, but there is absolutely no way to enforce them between private individuals. None. Colorado requires a NICS check on all gun-show sales, but I guarantee you lots of transfers take place without the required NICS check "under the table" either because the seller knows the buyer personally or doesn't give a shit about the law. Those who DO the background check, which is most private sellers, just don't want to be set up by the CBI or local cops, who are constantly sending "undercover" cops to gun shows to try to entrap people into making illegal sales. But they can ONLY DO THIS because a gun show is in a confined place for a specified time.
They can't be in every back alley or kitchen table, which makes "mandatory" universal background checks nothing more than an obvious vehicle for gun and gun owner registration.
"Seth is Grandmaster Zen Troll who trains his victims to troll themselves every time they think of him" Robert_S
"All that is required for the triumph of evil is that good men do nothing." Edmund Burke
"Those who support denying anyone the right to keep and bear arms for personal defense are fully complicit in every crime that might have been prevented had the victim been effectively armed." Seth
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