Deanimator: confiscation is only possible with registration.
JSH1: a ban is possible without registration
CNB: You can ban without a registration list. So what? That is not the point Deanimator made. An Australian style confiscation would only be possible in America with what Australia had: a registration list of legally owned guns. Without a registration list, the Australian so-called buy-back could not happen. Also, the Australian Government had to compensate owners for the banned guns they took, since their gun laws are based on a product regulatory model. Our federal gun laws are modeled on the Harrison Narcotics Act and are on a criminal law model; advocates of bans have already stated: no compensation for surrendered contraband.
Moving to UBC impact on the sources of weapons used by Firearms Using Offenders.
Caroline Wolf Harlow, Ph.D., BJS Statistician, "Firearm Use by Offenders", U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics.
Michael Planty, Ph.D., and Jennifer L. Truman, Ph.D., BJS Statisticians, "Firearm Violence, 1993-2011", DoJ, OoJP, BoJS.
Code:
Firearms Using Offenders
Source of firearms possessed
by state prison inmates at time of offense.
Source of firearm 1991 1997 2004
Retail Purchase or trade 20.8% 14.0% 11.3%
- Retail store 14.7 8.2 7.3
- Pawnshop 4.2 4.0 2.6
- Flea market 1.3 1.0 0.6
- Gun show 0.6 0.8 0.8
Family or friend* 33.8% 40.1% 37.4%
- Purchased or traded 13.5 12.6 12.2
- Rented or borrowed 10.1 18.9 14.1
- Other 10.2 8.5 11.1
Street/illegal source 40.8% 37.3% 40.0%
- Theft or burglary 10.5 9.1 7.5
- Drug dealer/off street 22.5 20.3 25.2
- Fence/black market 7.8 8.0 7.4
Other 4.6% 8.7% 11.2%
The years of the inmate surveys are 1991, 1997 and 2004.
1994 The Brady Act waiting period to allow local CLEO BG checks started.
Nov 1998 The NICS check for FFL dealer sales on a 4473 transfer kicked in, replacing the Brady waiting period. In my home state the FFL BG check replaced the Application for Permission to Purchase a Handgun with CLEO sign-off by county sheriff or city chief of police required under state law.
FUO retail purchase or trade through an FFL with NICS check is often done by a friend, relative or lover/spouse with no criminal record, someone chosen to NOT show up on a BG check. Even so, the trend has been down on retail sources. (Notice that the FUO Gun show source is actually a pin prick, not a loophole.)
Seriously trending up are the drug dealer/street gun sellers and that "Other" category which from 1991 to 2004 went from 4.6% to 11.2% -- that needs to be defined.
But UBCs to affect FUOs would need to be conducted by:
- Family or friend of a FUO who have a gun to sell, trade, rent, or lend*
- Thieves
- Burglars
- Drug dealers
- Street gun sellers
- Fences
- Black marketeers
- "Other" gun sources
And to those who say we need Australian style gun control in addition to UBC, Hilary: the Victoria state police asked the Australian federal government not in increase legal restrictions on semiauto pistols because that was fueling illegal traffic, in particular smuggling of handguns by Australian drug dealers. Australian outlaw motorcycle clubs manufacture MAC10s in the machine shops where they build and maintain their motorcycles: a MAC10 is a lot simpler than a Harley. ♪ ♫ Cue: Creedence Clearwater Revival "Bootleg".
* CNB note: Friend or family of a state prison inmate who is a Firearms
Using Offender are often criminals themselves or at least aid, abet or
associate with FUOs.