Still requiring references?

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  • traveller

    The one with two L
    Nov 26, 2010
    18,467
    variable
    If background checks are considered legitimate, I don't think it is unreasonable that a state issuing a license to carry also searches its own records, not just NICS. But to me, that is the rub. A license to carry with a "deep background check" should also be a license to purchase. You show your license, the seller checks with the state that your license is legit and hasn't been revoked, here is your firearm, have a nice day and enjoy!

    That's how it works in a number of states. If you have a LTC, there is no NICS check. Handguns are cash&carry and that was really bad. And with 'really bad' I mean bad for my wallet. My LGS knew that and there was always something 'he had just got in....'.
     

    lx1x

    Peanut Gallery
    Apr 19, 2009
    26,992
    Maryland
    Just thinking out loud..
    The fingerscan includes a full background check.. state and fed.

    If you pass that.. I agree the reference is overreach.
     

    pbharvey

    Habitual Testifier
    MDS Supporter
    Dec 27, 2012
    30,254
    Literally what good is a reference supplied by the applicant?
    What is the State Police supposed to learn from whatever this person says? If the reference says the applicant is a weirdo what will they do about it? On what grounds can they deny a permit based on a phone interview with a person who is not under oath and may, or may not, be the actual person listed on the application?
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,935
    Bel Air
    Literally what good is a reference supplied by the applicant?
    What is the State Police supposed to learn from whatever this person says? If the reference says the applicant is a weirdo what will they do about it? On what grounds can they deny a permit based on a phone interview with a person who is not under oath and may, or may not, be the actual person listed on the application?
    Today they asked how long I knew my friend, if I knew of histories of violence, substance abuse. Would I trust him with a firearm in public, and in my home. That’s it.
     

    pbharvey

    Habitual Testifier
    MDS Supporter
    Dec 27, 2012
    30,254
    Today they asked how long I knew my friend, if I knew of histories of violence, substance abuse. Would I trust him with a firearm in public, and in my home. That’s it.

    If you would've said no, then what? Your opinion is greater than that of the founding fathers?
    Its like a mini-red flag law embedded in the process. The problem I have is that your or my opinion really have no right over the guy. Who am I to say if someone is a threat to society? If I say the guy is destined to be a school shooter what will happen? Suppose three out of three references say the guy is nuts? Will they actually go and try to EP the guy or will they just say, sorry Mr. Applicant, no soup for you? Is there due process and an obligation for the police to investigate to ensure public safety or is it just pointless?
    It's as bad as Hunter Biden's handgun application where he is allowed to lie on himself about drug dependency.
     

    camo556

    Ultimate Member
    Aug 29, 2021
    2,634
    Today they asked how long I knew my friend, if I knew of histories of violence, substance abuse. Would I trust him with a firearm in public, and in my home. That’s it.
    Today?

    When did your friend apply?

    I am interested in gauging how far behind they are.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,935
    Bel Air
    If you would've said no, then what? Your opinion is greater than that of the founding fathers?
    Its like a mini-red flag law embedded in the process. The problem I have is that your or my opinion really have no right over the guy. Who am I to say if someone is a threat to society? If I say the guy is destined to be a school shooter what will happen? Suppose three out of three references say the guy is nuts? Will they actually go and try to EP the guy or will they just say, sorry Mr. Applicant, no soup for you? Is there due process and an obligation for the police to investigate to ensure public safety or is it just pointless?
    It's as bad as Hunter Biden's handgun application where he is allowed to lie on himself about drug dependency.
    Oh, I agree with everything you said. I have a feeling we are going to find out soon enough. Someone with a clean background will be denied because he gabbed his reference’s wife’s **** too hard at a swingers party and says the guy is an abusive drunk. Clarence Thomas don’t care, Clarence Thomas don’t give a sh!t.
     

    jrumann59

    DILLIGAF
    MDS Supporter
    Feb 17, 2011
    14,024
    Oh, I agree with everything you said. I have a feeling we are going to find out soon enough. Someone with a clean background will be denied because he gabbed his reference’s wife’s **** too hard at a swingers party and says the guy is an abusive drunk. Clarence Thomas don’t care, Clarence Thomas don’t give a sh!t.
    Damn now I have to find 2 other references....
     

    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,517
    Westminster USA
    That doesn't require references. It could mean anything. Maybe they simply check for charges that were dismissed. Maybe they check for things like DUI. who knows. Objective criteria.

    Yup the investigation should be nothing more than a criminal background check. Everything else is superfluous

    If you can’t cross examine a reference that’s not due process

    Sent from my iPad using Tapatalk
     
    Last edited:

    RepublicanJD

    Active Member
    Jul 16, 2014
    249
    AA County
    Nobody hates people more than I do (especially myself), but if you don't know three people who would be okay to use as a reference, I feel sorry for you.

    And it seems people have had success with just a reference name and phone number, no employment info.

    I know more than 3 people, though I'm not from Maryland and moved here as an adult, so more difficult for me, but almost all of them are anti-gun. Finding 3 people that I know won't mess around with my rights and are completely reputable citizens isn't super easy.
     

    babalou

    Ultimate Member
    MDS Supporter
    Aug 12, 2013
    16,233
    Glenelg
    That's how it works in a number of states. If you have a LTC, there is no NICS check. Handguns are cash&carry and that was really bad. And with 'really bad' I mean bad for my wallet. My LGS knew that and there was always something 'he had just got in....'.
    lol laughing with you not at you. :)
     

    babalou

    Ultimate Member
    MDS Supporter
    Aug 12, 2013
    16,233
    Glenelg
    If you would've said no, then what? Your opinion is greater than that of the founding fathers?
    Its like a mini-red flag law embedded in the process. The problem I have is that your or my opinion really have no right over the guy. Who am I to say if someone is a threat to society? If I say the guy is destined to be a school shooter what will happen? Suppose three out of three references say the guy is nuts? Will they actually go and try to EP the guy or will they just say, sorry Mr. Applicant, no soup for you? Is there due process and an obligation for the police to investigate to ensure public safety or is it just pointless?
    It's as bad as Hunter Biden's handgun application where he is allowed to lie on himself about drug dependency.
    or you say the guy is fine and then the guy does something...
     

    steveh326

    Ultimate Member
    Mar 23, 2012
    1,610
    Mt. Airy
    I see a new business opportunity for me. for $10 each, I will provide 3 references via 3 burner phones, all in different voices.

    JUST KIDDING ATF
     

    PO2012

    Active Member
    Oct 24, 2013
    815
    If you would've said no, then what? Your opinion is greater than that of the founding fathers?
    Its like a mini-red flag law embedded in the process. The problem I have is that your or my opinion really have no right over the guy. Who am I to say if someone is a threat to society? If I say the guy is destined to be a school shooter what will happen? Suppose three out of three references say the guy is nuts? Will they actually go and try to EP the guy or will they just say, sorry Mr. Applicant, no soup for you? Is there due process and an obligation for the police to investigate to ensure public safety or is it just pointless?
    It's as bad as Hunter Biden's handgun application where he is allowed to lie on himself about drug dependency.
    There's no way that SCOTUS, as it's currently made up, will find references to be Constitutional under the standard set forth in Bruen. References allow your friends, neighbors and associates to veto your exercise of a Constitutional right.

    This then brings us to the issue of red flag laws. They aren't Constitutional and they have to go. The right to keep and bear arms is equal to every other right enumerated in the Bill of Rights. Imagine a law that allows Police to get an order temporarily enjoining someone from exercising their right to remain silent based on a showing that the person is supposedly a danger to the community. The Police serve the order and then demand that the person answer all their questions and when they refuse they get charged criminally for violating the order and face, let's say, 3 years in prison. This is the stuff of tyranny and dystopian nightmares.

    I expect that SCOTUS will strike down the "good moral character" statutes and clearly articulate what is or is not a "sensitive" place. I am not as hopeful when it comes to red flag laws. Most of these issues could have been avoided if SCOTUS had declared the requirement to get a license to carry unconstitutional in Bruen.
     

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