Home Forums Hunting & Shooting Hunter's Campfire Missoula Passes Ordnance Requiring Background Checks for Private Gun Sales

MISSOULA, Mont. - Residents packed Missoula’s City Council meeting Monday as council members discussed a proposed ordinance regulating background checks for gun purchases.

The council voted and passed the ordinance with an 8-4 decision.

The ordinance requires private sellers to complete a background check before selling a gun. That means if you're a gun owner and want to sell your firearm to a friend or colleague, you're required to run a background check on the buyer.

Public opinion tonight at the meeting was divided. Some residents cheered as the ordinance was passed, while others left disappointed.

The vote makes Missoula the first city in the state to require a background check for private firearms sales.

The issue has flooded the city council with hundreds of emails in support and against.

City council member Bryan von Lossberg drafted the proposed legislation. He says the ordinance is all about saving lives and reducing suicides and domestic violence. He also says the goal is to decrease the number of guns in the hands of those not allowed to legally possess firearms. That includes but is not limited to convicted felons, adjudicated mental incompetents, illegal aliens or minors.

"First and foremost it's just a responsible action to do. Nobody is under any illusion, especially myself, that this solves all issues. It doesn't. It's one tool in a whole suite of tools and actions and programs, but I'm convinced by the data that it saves lives," von Lossberg added.

Some city council members still oppose the legislation. "I find it ironic that to suppress possession of felons we're going to regulate gun sales," said city council member Harlan Wells. "We're trying to legislate from the bottom up and it's wrong." He's also worried about potential government over-reach.

City boundaries are also important for gun owners to keep in mind. If you're a gun owner within city limits and want to sell your gun, you'd have to get a background check on your potential buyer. However, outside of city boundaries, but within the county, the ordinance would no longer apply.

Von Lossberg says average gun owners would not be able to conduct background checks themselves because the tools to conduct them are only available to licensed dealers. He says many licensed dealers are not equipped to conduct background checks for the private gun owners, but some businesses are gearing up for the changes.

There are some exceptions to the ordinance. Those exempt from the law would include gun owners who are selling or transferring firearms to an immediate family member or someone with a concealed weapons permit, for transfers of curio and relic firearms between collectors or for transfers of antique firearms, and some instances of temporary transfer or loans for hunting, target shooting or competitions.

"(The ordinance) takes a significant step in the direction of setting the example that says 'We do this, and we want you to do it.' It (will be) the law if it passes, but we want you to (support it) because this is what benefits the community overall," von Lossberg added.

As for gun shows, von Lossberg says it should not affect sales. He says most gun show operators are already required to conduct background checks.

Missoula residents are divided on the issue.

Casey Vielle says, "We've got all sorts of people flipping out with guns. A lot of people get hurt from selling the wrong guns to the wrong people."

Missoula resident Phil Wiggen says something should be done about the process of background checks, but does not think the proposed ordinance is the best way. "I don't need a background check (if I'm selling to someone) I have known for years."

Stupid laws deserve to be broken.

The town isn't all that big, just drive outside the city limits.

This.

I'm getting more and more used to it the older I get.

Impossible to enforce, and violates state law.

Local law that contradicts state or federal law within the same legal areas are not worth the paper they are written on.

They could pass a law allowing slavery. But it wouldn't make it enforceable.

Who they gonna get to enforce it?

The sheriff? The local police?

Rotsa Ruck.

Yep. Then we will hear about the city limit loophole!

Thought Montana was...oh a politician nevermind.

Take a tip from obama. Do not recognize laws you don't like.

Missoula is our Liberal arts college town.

In most cases local laws can require more than state laws, just not less... apparently the new law doesn't say that it is disallowing private sells, just that a background check is required. I'd think that unless state law specifically states that private sells can be made without a background check, resident's are just plain [bleep]-out-of-luck... you could probably sue stating that it is some kind of infringement, but don't think that would go anywhere, unlike city's that tried to ban sells!

Phil

^^^^^^^^^^^^^^^^^^

This.


Best of luck trying to enforce!

it's good to have state laws that spell out explicitly that county & local laws can't exceed state law limits or requirements. that stops that work-around graveyard dead.

Montana State legislator's needs to squash this now, in it's infancy, before it becomes a nightmare like Oregon.

That is what they did here in Idaho and it has worked well.



http://www.gunpolicy.org/firearms/citation/quotes/7708

Particularly, the unconstitutional ones.

Another beautiful place to live, ruined be pinhead liberals.

Excuse me, Councilman VonLossberg. Can you tell me exactly how many criminals will obey this law? Because if you can't, I can.

now let's see them enforce it.

SIMPLE...drive outside city limits.

^^^^ THIS ^^^^