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Facebook Social Networks The Internet

Facebook Wants To Block Illegal Gun Sales 310

Nerval's Lobster writes "Most of the time, Facebook allows its users to hawk goods or solicit donations on Pages or Timeline postings, comparing such activity to placing a physical note on a bulletin board at a supermarket. Now it plans on regulating users who rely on this method to sell what it calls 'regulated' items, which includes firearms. 'Any time we receive a report on Facebook about a post promoting the private sale of a commonly regulated item, we will send a message to that person reminding him or her to comply with relevant laws and regulations. We will also limit access to that post to people over the age of 18,' Facebook announced as part of the new rules. The social network will also prevent users from posting any sort of items 'that indicate a willingness to evade or help others evade the law,' which means no offers to sell firearms across state lines or without a background check. Presumably, Facebook will have filters in place that allow it to scan for such content. Facebook is a private network, of course, and not (despite its ubiquity) a public utility — meaning it can do whatever it wants with regard to Terms of Use. But that likely won't stop some people from complaining about what they perceive as the company overstepping its boundaries."
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Facebook Wants To Block Illegal Gun Sales

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  • by Pizza ( 87623 ) on Wednesday March 05, 2014 @06:37PM (#46413557) Homepage Journal

    It's expressly legal for private inviduals to sell to other private individuals (without crossing state lines) without a background check; indeed it's *illegal* for said private individuals to perform such a background check, at least on the federal level.

    Now you may have some sort of state/local law that requires checks between inviduals, but sheesh.

    • by jratcliffe ( 208809 ) on Wednesday March 05, 2014 @07:42PM (#46414131)

      True, but it's definitely NOT legal to sell a gun to somebody you know, or can reasonably be expected to know, can't legally buy one. So, if your buyer says "I'm a convicted felon," definitely not legal. If your buyer says "you're not going to require a background check, are you?" you're on very shaky ground, since that's very close to an admission that, were there to BE a background check, the buyer wouldn't pass. Remember, willful blindness isn't a defense.

      • by Lord Kano ( 13027 ) on Wednesday March 05, 2014 @07:49PM (#46414197) Homepage Journal

        That's not necessarily true.

        I can pass a background check. I have passed a lot of them.

        I still understand how someone could like the idea of the government not having a record that they own a gun.

        BTW, that's what opposition to "Universe Background Checks" is about. It would create a backdoor registry.

        LK

      • by Bartles ( 1198017 ) on Wednesday March 05, 2014 @08:08PM (#46414345)
        It's always illegal to purchase a firearm if you are a convicted felon. There is no judgement call or ambiguities involved.
      • by Arker ( 91948 ) on Wednesday March 05, 2014 @08:21PM (#46414461) Homepage
        Your assumption is that any expression of distaste for a background check is an indication the buyer would not pass one. It's an errant assumption.

        No one wants to go through the background check because that creates a paper trail that any future administration could then use as a list of people that need to be rounded up. So quite naturally people are not willing to go through it in a situation where it is not legally required.

        You are required to keep a record of the transaction with the serial number. If the weapon you sold were used in a crime later, it will be traced back to you. The original retail sale is on record, that person (if not you) will then produce the name of the person he sold it to, which is either you or will lead to you via reiterating the same process. If you cannot produce the weapon or produce a receipt showing who you sold it to, then you're in trouble. But until and unless there is a criminal investigation to justify the intrusion, that information is no one's business.
        • by Obfuscant ( 592200 ) on Wednesday March 05, 2014 @08:33PM (#46414545)

          ... because that creates a paper trail that any future administration could then use as a list of people that need to be rounded up.

          It's not even that. You say it later:

          that information is no one's business.

          There is/was quite a brouhaha (at least in our area) over the sudden decision that concealed carry permit applications were public records, and that some newspapers were getting the records and publishing maps of the houses of permit holders. Those who filled out the forms had no expectation that the data was a public record, and the form didn't tell them that it was. Some of the local sheriffs went on record as saying they were not going to treat them as public records, and then modified the process so current ones are not.

          It is not impossible that anti-gun zealots may try to get background check data covered under public record laws and what used to be a "secret" between a gun buyer and his government would be public knowledge. It's nobody's business, and let's keep it that way.

        • by x0ra ( 1249540 ) on Wednesday March 05, 2014 @11:17PM (#46415683)
          When I was living in Quebec, I refused to buy "non-restricted" firearms from fellow Quebeker because all of them wanted to have the gun transferred/registered, which is, by federal law, illegal. So by your logic, by refusing to endorse the illegal behavior of Quebec's CFO, I am not to be trusted to be properly licensed (which is the only constraint we have for non-restricted firearms), and be seen as "trying to get around the law" ?
    • by SpankiMonki ( 3493987 ) on Wednesday March 05, 2014 @08:06PM (#46414331)

      ... indeed it's *illegal* for said private individuals to perform such a background check, at least on the federal level.

      There is no federal law restricting private individuals from running a criminal background check prior to selling a firearm. I guess what you mean to say is that private individuals can't use the federal NICS system [fbi.gov] to perform the check unless they are Federal Firearms Licensees registered with the FBI.

      • by CrimsonAvenger ( 580665 ) on Wednesday March 05, 2014 @08:18PM (#46414409)

        There is no federal law restricting private individuals from running a criminal background check prior to selling a firearm. I guess what you mean to say is that private individuals can't use the federal NICS system [fbi.gov] to perform the check unless they are Federal Firearms Licensees registered with the FBI.

        Which makes it impossible for a private individual to do a Background Check. Remember, a background check for firearms sale purposes is DEFINED as using the NICS system.

        • by SpankiMonki ( 3493987 ) on Wednesday March 05, 2014 @09:28PM (#46414947)

          Which makes it impossible for a private individual to do a Background Check. Remember, a background check for firearms sale purposes is DEFINED as using the NICS system.

          A background check is defined that way only for FFL's. IOW, the only way a FFL can legally sell a firearm is by clearing the buyer through the NICS. Private citizens may perform a background check on a potential gun buyer (through the usual private channels) if it suits them. There is absolutely no federal law against doing so. The post I originally replied to suggested otherwise.

          But tell you what, if you can show me a federal law that says "the only legal method of performing a background check prior to the sale of a firearm is through the NICS", I'll be happy to change my mind. : )

          • by AK Marc ( 707885 ) on Wednesday March 05, 2014 @10:15PM (#46415331)
            So you are arguing over what the definition of is is. You point out that it's illegal for a "background check" as done by FFL, the most common kind, to be done by a non-FFL, yet object when someone else points out the exact same thing, using slightly different (and, from my perspective, more accurate) wording.

            But tell you what, if you can show me a federal law that says "the only legal method of performing a background check prior to the sale of a firearm is through the NICS", I'll be happy to change my mind. : )

            Try "the only legal method of performing a background check prior to the sale of a firearm for an FFL is through the NICS," and that "required" check is not usable by non FFL for checking buyers, so it's illegal for a private seller to do that "mandatory" (for FFL) background check.

        • by x0ra ( 1249540 ) on Wednesday March 05, 2014 @11:19PM (#46415687)
          So only FFL dealers can ask you to fill a 4473 ?
  • Encryption... (Score:4, Insightful)

    by canadiannomad ( 1745008 ) on Wednesday March 05, 2014 @06:41PM (#46413599) Homepage

    So if I were to try to promote the use of encryption in private communications, would that be "a willingness to evade or help others evade the law?"
    Nothing to hide, and all that...

  • by Lumpy ( 12016 ) on Wednesday March 05, 2014 @06:43PM (#46413623) Homepage

    I can sell assault weapons for cash all day long in my state to private people without even getting their name. and "GASP" most of my "DANGEROUS ASSULT WEAPONS" are unregistered as well..

    Oh the horror....

    That said, the last place I would sell them is to twits on Facebook. Cripes even ebay twits are not worth dealing with. There are plenty of great private gun selling sites that have people that understand the values and have clues...

    • by harrkev ( 623093 ) <kevin...harrelson@@@gmail...com> on Wednesday March 05, 2014 @07:05PM (#46413849) Homepage

      First, how do you even define an "assault weapon." An "assault rifle," as defined by Wikipedia [wikipedia.org] is capable of select-fire (AKA machine gun). Those are 100% not OK to just sell, as you need a $200 federal permit, and the approval of a local law-enforcement agency.

      However, the term "assault weapon" is more fuzzy, at least according to Wikipedia [wikipedia.org].

      What I absolutely love is how the definition (to borrow from Wikipedia again) includes:

      In discussions about firearms laws and politics in the U.S., assault weapon definitions usually include semi-automatic firearms with a detachable magazine and one or more cosmetic, ergonomic, or safety features, such as a flash suppressor, pistol grip, or barrel shroud, respectively.

      Wow. Adding a safety feature and cosmetic features changes the categories. This makes as much sense as taking a street-legal car, painting it red, adding a rear spoiler, roll bars, and suddenly it is a race car that is not legal for street use.

      Seriously, all of this talk about assault weapons gets tiresome. If somebody was shooting at me, the color of the rifle and the presence or absence of a pistol grip would be the last thing on my mind.

  • by Cammi ( 1956130 ) on Wednesday March 05, 2014 @06:48PM (#46413653)
    FB is lying, yet again. They are currently deleting ALL firearms for sale/buy posts.
  • by CanHasDIY ( 1672858 ) on Wednesday March 05, 2014 @06:49PM (#46413667) Homepage Journal

    So, Facebook will start harassing people who sell guns... and people will just go somewhere else to buy and sell guns.

    Hell, I wouldn't be surprised if a number [armslist.com] of sites [slashdot.org] cropped up for just that purpose - the legal transfer of a firearm from one private citizen to another.

    You can't stop the signal.

  • by Beer_Smurf ( 700116 ) on Wednesday March 05, 2014 @06:50PM (#46413673) Homepage
    Since Facebook does not verify addresses and has no way of knowing where the sale is actually being transacted, this is just total nonsense.
  • by tlambert ( 566799 ) on Wednesday March 05, 2014 @07:01PM (#46413805)

    Fackebook prohibits all weapons sales. They always have. I don't see why illegal weapons sales are a big deal here, given that "illegal" is a subset of "all".

    This is not news, because it's not new.

  • by loony ( 37622 ) on Wednesday March 05, 2014 @07:02PM (#46413813)

    They are a private company and can (or should be) allowed to impose whatever rules they want... Its only the federal government that is required to adhere to the bill of rights. So until the Constitution gets amended, we can argue about how illegal background checks, waiting periods, and registration by the federal government are - but there is absolutely nothing you can say about FB doing whatever they feel is right.

    Peter.

  • by theodp ( 442580 ) on Wednesday March 05, 2014 @07:11PM (#46413883)

    FORTUNE [cnn.com]: When he's not too busy connecting people across the universe, Mark Zuckerberg is pursuing a new "personal challenge," as he calls it. "The only meat I'm eating is from animals I've killed myself," says the Facebook founder and CEO...Zuckerberg's new goal came to light, not surprisingly, on Facebook. On May 4, Zuckerberg posted a note to the 847 friends on his private page: "I just killed a pig and a goat."

  • by kheldan ( 1460303 ) on Wednesday March 05, 2014 @07:41PM (#46414125) Journal
    This amounts to the sort of censorship that online forums and chatrooms/services have been attempting to do for a long time now. Problem is wordfilters don't work, there's always a way around them, and faster than they can add terms to the wordfilter, someone comes up with another euphemism or substitute for the word or phrase being blocked. Same thing will happen here, they'll just come up with different words to say "gun for sale", and Failbook will never be able to keep up with the evolution of the language being used. In other news: Failbook is now planning on censoring what you post. Haven't you people had enough of Failbook and it's bullshit yet?
  • by Lawrence_Bird ( 67278 ) on Wednesday March 05, 2014 @08:39PM (#46414589) Homepage

    Facebook does not want to be hounded by the anti-gun/do-it-for-the-children/omfg-i'm-scared lobby.

    • by shutdown -p now ( 807394 ) on Wednesday March 05, 2014 @09:21PM (#46414891) Journal

      I think they would prefer to be hounded by those, as opposed to the NRA. If the recent events have shown anything, it's that anti-gun petitions and demonstrations are significantly less numerous than pro-gun ones - simply because most people who are vaguely for stricter gun control don't care all that much about it (not enough to get their ass off the chair and do something, basically), while a significant proportion of gun owners will treat gun control as a very serious issue and are willing to invest a considerable amount of time and money fighting against it.

      Heck, it's a very simple number game even on Facebook itself. The biggest pro-gun lobby/propaganda org is, doubtlessly, the NRA. The two most prominent anti-gun lobby/propaganda orgs are Mayors Against Illegal Guns and Moms Demand Action. So, looking at their Facebook pages:

      MAIG [facebook.com] - 20,000 likes
      MDA [facebook.com] - 150,000 likes
      NRA [facebook.com] - 3,000,000 likes

      Who would Facebook rather piss off?

  • by account_deleted ( 4530225 ) on Wednesday March 05, 2014 @08:57PM (#46414717)
    Comment removed based on user account deletion
  • by RogueWarrior65 ( 678876 ) on Thursday March 06, 2014 @11:41AM (#46419291)

    There is no legal requirement to run a background check for interstate sales of long guns. Period. Interstate sales of handguns must go through an FFL dealer. There is no legal requirement to perform a background check or go through a dealer for INTRAstate sales from person to person. That's the law. If Facebook doesn't like that, who the f*ck are they to make their own laws that supersede federal laws? Imagine how ugly things would get if someone decided that a photo ID was required to vote. Oh, wait, that did happen and the feds stomped all over it. Bottom line is that if someone wants to get a gun without going through legal methods, they are going to find a way. Criminals don't care how many laws they break.

    Beyond this issue, this is an illustration of Facebook thinking it's important.

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