‘Universal Background Checks’ – Absolutely Not

By Marion P. Hammer

Marion P. Hammer
Marion P. Hammer

Florida – -(Ammoland.com)- Imagine a grandfather who wants to give a family shotgun to his 12-year-old grandson having to do a background check on his grandson before giving him the shotgun.

Or a friend having to do a background check on his lifetime best buddy before lending him a hunting rifle.

Or, if your mother had a prowler at her home, having to do a background check on your own Mom before you could give her one of your guns for protection.

That’s what “universal background checks” do. They turn traditional innocent conduct into a criminal offense. They target you, law-abiding gun owners.

Universal background checks are background checks on EVERY transfer, sale, purchase, trade, gift, rental, and loan of a firearm between any and all individuals.

All background checks must be conducted through a federally licensed dealer. (costing hard earned cash) Universal background checks have nothing to do with gun shows – they are about you.

  • It is ALREADY a federal felony to be engaged in the business of buying and selling firearms and ammunition without having federal firearm dealers license.
  • It is ALREADY a crime for a federally licensed dealer to sell a gun without doing a background check – that’s all dealers, everywhere, including at retail stores, gun shows, flea markets or anywhere else.
  • Further, it is ALREADY a federal felony for any private person to sell, trade, give, lend, rent or transfer a gun to a person you know or should have known is not legally allowed to own, purchase or possess a firearm.

The penalty for selling a gun to a person who is a criminal, mentally ill, mentally incompetent, alcohol abuser or drug abuser is 10-year federal felony. That’s now, today, with no changes to the law.

It is even a federal felony to submit false information on a background check form for the purpose of purchasing a firearm.

Even so, according to a 2012 report to the Department of Justice, more than 72,000 people were turned down on a gun purchase in 2010 because they didn’t pass the background check. Yet, only 44 of those cases were prosecuted.

Why, when criminals are caught in act of lying on the form to illegally purchase a firearm are they not prosecuted?

On Thursday, January 10, 2013, in the White House meeting of President Obama’s Gun Agenda Task Force, Vice President Joe Biden answered that question, telling NRA’s Director of Federal Affairs, James Baker, that the Obama administration didn’t have time to prosecute people for lying on the federal background check form.

In an article in The Daily Caller (1/18/2013) Biden said, “And to your point,
Mr. Baker, regarding the lack of prosecutions on lying on Form 4473s, we simply don’t have the time or manpower to prosecute everybody who lies on a form, that checks a wrong box, that answers a question inaccurately.”

If the Obama Administration currently doesn’t have the time or manpower to prosecute those who lie on background check forms, then why do they want more background checks, more paperwork and more forms? It’s backdoor gun registration.

Complete AR15 Rifle Kit
Complete AR15 Rifle Kit

Universal background check system legislation that we have previously seen, allows the government to keep a computerized government registry of gun owners.

In addition to the absurdity of having to do background checks on people you know are not criminals, would you like to pay up to $100 or more just to give your grandson a shotgun or lend a hunting rifle to your best friend or give your Mom a gun for protection?

Transfer fees alone could run from $50 up. Firearms dealers, like other businesses, charge as much as they can get away with. Background check fees for a federally mandated program can be any amount they decide.

The Obama administration’s gun ban agenda and universal background check system are unconstitutional regulatory schemes to gut the Second Amendment. These proposals which mandate the government collection of data on lawful gun buyers and sellers amount to universal gun registration and gun owner licensing.

This agenda focuses on peaceable citizens, not violent criminals who obtain guns on the black-market to carry out unspeakable crimes already prohibited under federal and state laws. Instead of stopping crime and eliminating criminal conduct, they are creating more criminals – they are targeting you.

That’s why NRA Members and the nation’s 100 million firearms owners will stand in solidarity and fight against these misguided and diabolical proposals that have nothing whatsoever to do with curbing criminal violence but everything to do with stripping us of our guaranteed civil rights and our freedom.

Marion P. Hammer is past President of the National Rifle Association and is Executive Director of Unified Sportsmen of Florida

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Hi, this weekend is good in support of me, for the reason that this
moment i am reading this fantastic informative article here at my home.


I comment when I like a post on a website or if I have something to valuable to contribute to the conversation. Usually it is triggered by the passion displayed in the post I looked at. And on this article ‘Universal Background Checks’ – Absolutely Not. I was actually moved enough to post a thought 😛 I do have 2 questions for you if you usually do not mind. Could it be only me or does it look as if like some of these responses come across like they are coming from brain dead visitors? 😛 And, if you are… Read more »

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What is the big deal with registration of guns? Why would anyone be against it? If I sell my car I need to transfer the registration and that doesn’t seem like tyranny to me. From where I sit I personally would like to find out who buys guns legally and then sells to the underground. I have a lot of trouble understanding the opposition to registration and background checks. Again, it seems no more tyrannical than the DMV.

Bill Baker

@wldy1005: They get poll results like that when they look around the office at the DNC and say, who here supports universal background checks…


it seems a majority of us are against universal background checks. i wonder where these polls of “90% of americans are FOR universal background checks” ARE?! and who is recording them then reporting them! so that if they are wrong they can be held accountable for thier false reporting!!


And what about all the guns we have that we bought or inherited decades ago without paperwork? Will we be arrested and thrown in jail if we can’t prove on the spot that those guns were bought legally? And is that the purpose of the new legislation that they are trying to pass? There are ways to write a background check law to make it almost reasonable, but I do not expect the pols to do that.


I believe the universal background check can only be accomplished by required registration of firearms and owners. We have seen the results of this in the wholesale confiscation of common firearms in G.B. and Australia.
If this administration would concentrate in enforcing the laws we have now, it would go a lot further than useless harassment of law abiding citizens.


Excellent points in the article Marion. To the ignorant trolls whose interjections are rife with their hatred of those of us who choose to enjoy our rights, you will always be eating the soylent the government feeds you because you will never amount to anything enabling you or your welfare offspring to escape your kennels. One big aspect of this whole program, is intended, as always, to create another government entity with thousands of government jobs that will have to vote for the party that gifts them these income streams that they would never qualify for otherwise (can you say… Read more »


I agree with Fisherman – I think the realization has hit most non-koolaide drinkers in that (without sounding like a conspiracy monger) our government is too powerful. They do not fear us, other than the fear of an uprising to change the way they operate. They will take our guns away if we let them. The government wants us disarmed. PERIOD. They will use any ploy, policy, fear, and tactic “they” can. We have to stand up together and fight this. I’m for initial background checks. I think it holds some accountability and gives credibility to the institution of gun… Read more »



Kenneth Trawick

Make no mistake, this is not about background checks on firearms purchases. It's about recording all firearm transfers (from one person to another) so the FED will eventually know where all firearms are located. I think I should be able to pass my firearms down to my children or grandchildren without telling anyone. With universal background checks I can't do that without violating the law.

This will empower the FED way more than I like to see.

Robert Myles

A quick and rather simple look at the history of Gun control laws will will show that they were written to restrict 'law abiding citizen's' not to resctrict Criminal's. Any additional regulation, licensing,Fee's Universal background checks on any and all firearms transaction'. Willgive a Tyrannical Government all the information it needs to begin Confiscation. If you listen to Frankenstien past and present along with witch pelosi and now the impostoor in our whitehouse the end game, the true nature, the final desire is total disarmament of the law abiding citizen's just as it has in England, Australia, Brazil and hundred's… Read more »


My 12, 10, 8, 6 and 5 year olds all target shoot with their grandfather, who did 2 tours as an officer and company commander in Vietnam. It is a wonderful experience, and if they shoul choose to hunt or target shoot competitively, I would highly encourage them.


I would like to see more saftey programs and gun saftey courses for first time gun owners and an end to civil lawsuits from criminals when a lawbiding citzen uses lethal force in self defense


Sure, the odd mental case will be able to buy. Criminals already can get one somewhere. So, what does the check accomplish? It puts you on the database that will be used when the fascist Democrats sic the BATF, TSA, FBI, etc on us to confiscate or liquidate.

Sammy Kosbar

Obama and his administration seam to foget that they work for us (The People) and would not have a job if we didn't put them their. Know taking are god given human rights away from us makes him no better than any Dictator. Guns are not the problem, so stop working on new laws that will fail.

Daniel Hebert

I for one am all for initial background checks and tight regulations for all gun purchases. After my conviction I lost my gun rights. I finished everything and petitioned to have my rights reinstated. I will follow any law that does not infringe on my rights. Now that my rights are restored I will not let them be stripped just because someone performed an illegal act with a "assault rifle". Whats next people losing there right to sports cars because of to many high speed accidents. Or losing our trucks because of too many drunk driving accidents? Just because one… Read more »


Doc, same here. I was almost 8 when I got my first 16 gauge shotgun. It was a bolt action Mossberg. Wasn't ready the first time and it knocked me on my butt. LOL Anyway, my dad was there with me the entire time and we never had any mishaps. Then he bought me a Winchester 30-30 and we went deer hunting together. I was all by myself out there with a tool for harvesting meat. Didn't get any but the point is that before all of this communist restriction, this country and it's people did just fine and almost… Read more »


First of all, I don't care what Anyone from another Country thinks about our laws, or our guns. At 8 years old my Father gave me my first shotgun, after he taught me firearms safety and how to take care of it. In a legal sense, it was still his until I reached a legal age 18. I did hunt by myself by around 10 years of age, and I have handed down a few guns to younger people in the family. I did teach them firearms safety and I did refuse an older family member, due to conduct issues.… Read more »

Dave Dubé

I've "done that thing" for my country once already. I certainly don't need (nor care to join) the NRA to task my legislators to put this gun registration crap to bed. I've written to them. I'll call them. I'll let them know where exactly it is that I stand when it comes to my rights. Everyone should do the same. Which ever side of the aisle they're on, they're still YOUR public servants.


Oh damn.

I thought this article was going to be about background checks and drug test on welfare recipients, not gun owners.

ken Z.

Washington tells us they cannot enforce the laws on the books now, so they want to make more laws? Enforce the gun laws on the books, prosecute criminals who use guns, and leave the law abiding citizens alone already.

Bill Snyder

My Father grew up on a farm in Ohio, he and all 8 of his brothers had shot guns by the time they were 12, and not ONE of them EVER had any firearm related injuries or deaths.

B. miller

@Tom Robertson. I killed my first small game when I was 10. A couple of rabbits with my father. If you teach your children to respect firearms they are way less likely to treat them as a toy and have an accident. Teaching people at an early age that firearms are a tool used to kill is the best way to make sure people respect them as a child and when they grow up. As a Brit though I don't expect you to grasp that fact. Your gun laws have got your citizens so out of touch with firearms that… Read more »

tim venable

Sorry brit if you were in a free country you would be aware

You have to be 18 to have a rifle or shotgun. You might be shooting with adult supervision under 18.

tim venable

I have read second amendment several times where do you

Get regulation from. It says shall not be infringed. Shall is not permiisive. Regulation is infringement.

Thomas Robertson

As a Brit, I find the first paragraph desturbing! Who in their right mind would give a 12 year old a shotgun? Only in America!

Brigido Garcia USN R

I am still firedup about the Fast and Furious so called investigation, and if the liberal Obama admnistration get their way with background checks on gun owners, what about those legal gun that the federal government lost track and wound up in Mexico ? Will the Anti-Gun Liberal of the Obama Administration vigerously go after them to find out the cuurent ownership of the gun , count the bullets in he magazines and so forth.


If they made it like drugs and made it 100% illegal, criminals would still get as many as they wanted. And the powers that be know it. This is all just to get rid of the "gun culture."

Paul Yoder

If they really want to insure no felons/ dangerous mentally ill/ domestic abusers get firearms, simply make available a list of barred persons. Anyone wishing to sell/loan/transfer a weapon could check the list to insure no one disqualified gets one. No paperwork, no background check, NO government database on decent citizens. NO PROBLEM. Enforce the laws that are already on the books, STOP COLLECTING DATA ON INNOCENT, LAW-ABIDING CITIZENS.


First Last they would say. Well, you might develop mental illness so you need a yearly mental illness check up to make sure you can keep your piece of paper. Nevermind that the constitution says nothing about being assessed for mental illness in order to keep the right to own a firearm.

US Citizen

Gun owners: If you don't already, please support our gun lobbyists. They are our voice in Washington protecting our rights.

Protectionists: Inform yourselves, arm yourselves, and live free.


There is only one reason for gun registration, and that is for future confiscation. and no, i'm not paranoid. I find it disturbing that i have to take time out of my busy life to defend my rights from the government. i find it more so disturbing that the majority of americans voted this government into office.

First Last

No, it would be nothing but a verification of no felonies, nor mental illness. Paper-free aside from that, to buy AND sell. You have to remember that I live in Cali, and here Rifles will be registered starting next year for all purchases, and transfers, and handguns already are, so this would make us paper-free, and you just a card-carrier, so I don't really know about freedom, but this is a solution that would function for everyone, but they want registration (probably for a future confiscation), so I just am saying that it is a possibility for a perfect solution… Read more »


First Last, I know you are trying to help but we need less not more.


First Last:

That's simple? So these things have to be done in order to exercise a constitution right? Liberals won't even allow an ID to vote, they would go nuts if they had to do all those things to vote. But it's my right they would say. Well so is owning a gun, you can't just make a bunch of arbitrary hoops for people to jump through because it makes you feel better.

First Last

It is really simple: 1) Issue card with Name and unique number that can be checked to see if it is revoked via Inter and unique number (site and numbers updated by DOJ) for those who qualify (no felonies, or mental illness). 2) When buying or selling, both parties check other party's validity of card via Internet site, verify name matches ID and card, buy and sell all paperless, as both are kosher to own firearms. #1, and #2 would solve all problems with everything, and no need to register. It's so simple that Obama could do it. He will… Read more »


TheGunsmith, I don't know what state you are from, but where I live in NM you are incorrect. A 12 year old can be in posession of a gun for hunting, practice, and training purposes.


TheGunsmith on January 25, 2013 at 2:28 PM said:

"It is illegal for a 12-year old to possess a gun, and it is currently illegal for a grandfather to give him one. Your argument is stupid"

But wait a 12 year old can have a hunting license, so if it was illegal to possess a gun than what would he hunt with?????


It is illegal for a 12-year old to possess a gun, and it is currently illegal for a grandfather to give him one. Your argument is stupid.


Forgot to mention the fraudulent documents and not prosecuting the presenters. Think Birth Certificate Selective service Social Security of the guy pushing this absurd agenda.


Dave S Your logic is flawed because the BOR restricts the government it does not grant rights. At least the first 10. Then it becomes twisted and not the founding fathers intentions. The term reasonable means nothing because there is nothing reasonable being proposed by the administration. Since they have lied at every turn and bypassed the rules of law by using E.O. and middle of the night legislation, skewed statistics and completely ignored the reason these kids are committing these acts to push an agenda. It doesnt matter what the media lies about, how many shills they hire or… Read more »

Mike R

Dave S. I am sorry but you are incorrect in your interpretation of the BOR. The language is quite clear. "Shall not be infringed." is actually part of the text. The right is given "to the people." not to the states or the militia. The founders were smart guys. If they intended the right to be under government purview or restricted to just states forming militias they would have written that way. Back when the BOR was added speech was simple. Mean what you state and state what you mean. Not the legalese double speak we have today. Now about… Read more »


Creeping legislation to erode our constitutional rights under the premise of being "reasonable." Ok, you going to do universal background checks? So there has to be a fee. And criminals won't do it. And Manchin said keep them from people with mental health problems. But wait, I thought only people who were convicted felons or domestic violence misdemeanors could be turned down? Are we adding other categories where people have to lose a constitutional right? Like depression? And what a great way to compile a national database for later gun grabbing. Nice work Manchin, you lost my vote next time.… Read more »

Dave S.

Peteowl — A well reasoned intelegent proposal. Still I suspect that you are correct that you will be attacked as some sort of trator worthy of death by even suggesting additional regulation no matter how well reasoned. Even though I suspect we are on opposite sides of the gun rights debate it is nice to actually hear a proposal that might take the numerous, frequently contradictory State laws and create a unified regulation to protect lawful gun owners.I also think that the issue of purchase/sale/ownership regulation for those who want guns for self protection needs to be seperated from the… Read more »

Shawn Grammont

The truth and facts about guns should be pushed into the mainstream media to expose the flaws of failed gun control.


I posted something very similar to the following under the "Will the U.S. Follow Germany’s Freedom Killing Example?" but I think this is a better venue for honest feedback. It has often occurred to me that this is an issue over which federal government should take control. After all, the Constitution applies to ALL Americans, not just those in certain states. As an adult, law-abiding Massachusetts citizen, I have to take a gun safety course and pass a records check, but once I do that, and the records show I'm not an ex-con or a mental case, I get finger-printed… Read more »


If we respected the 2A we would have all the law we need to keep us safe! We dont need the gun control laws we currently have on the books to keep us safe. Nor do we need to enforce them! We MUST repeal the 68GCA and the NICS. If we respected the 2A we would be safe! How did we survive as a nation before ALL of this gun control? We had a checks and balance in our country between the good people and the bad guys! Prior to the 68GCA nonviolent felons could buy guns yet crime was… Read more »