To make something clear. Anytime someone legally purchases a firearms from a firearms dealer (someone who holds a FFL, more on this later) the purchaser must pass a background check which is run through the FBI's National Criminal Information Center (NCIC). This check can take anywhere from 15 minutes to 30+ days, depending upon the purchaser's SSN, backlog at NCIC, crimes reported, etc. Once the purchaser has cleared the background check the serial number of the firearm he/she is purchasing shall be logged in a manifest book with the purchaser's signature. The firearms dealer (mom & pop shop, wal-mart, etc.) shall retain that manifest log in perpetual and ensure it is open to inspection by any law enforcement official, district attorney, etc.
I state this because in many previous posts state that those who buy firearms or certain types of firearms should be placed on, "the radar." Well in fact they/we are. The problem has been that law requires this information to be obtain and maintained yet no one agency has been given the command, personnel or budget to watch over this information on a large scale or even daily.
The firearms dealer has to pass a more rigorous background check in order to obtain a Federal Firearms License (FFL). The FFL is what legally allows a dealer to purchase firearms (either by bulk or individually), sell them and transfer ownership of the firearm to the buyer.The dealer is legally responsible for ensuring the buyer's NCIC background check is completed prior to transferring the ownership. The dealer is also responsible for watching for any signs of erratic behavior in the purchaser and can deny the transfer of ownership. The ATF is responsible for overseeing FFL holders and some of you in your job duties may have had contact with ATF field agents inquiring about an FFL applicant. I personally have completed half a dozen zoning verification forms for applicants of a FFL and have met with an ATF field agent regarding the use of selling firearms in specific zoning districts on four occasions. I've been a planner in Georgia since 2001.
You may recall the Brady Bill set out to close what is often called the "Gun Show Loophole." The idea was to stop someone from going to a gun show and buy a firearm without a background check. If I'm not mistaken the original proposal was a 30 day waiting period from the time of purchase at a gun show to taking ownership. The Bill was watered down and it is what we have now, the dealer has to have an FFL and perform the required background check prior to transferring ownership of that firearm.
What is not regulated is the individual sell of a firearm. For example, I purchase a handgun from a dealer and decide I don't like it or that I need the money for something else. I sell it to my neighbor. The gun is registered to me in the NCIC database and will always be. My neighbor commits a crime with that gun and it is recovered. I'm questioned about the crime as the gun is traced back to my ownership of it. I then must produce documentation that I sold the gun. Courts have upheld that a receipt (with date of sell, amount, serial number, caliber, make and model, both parties signature and notarized on the receipt) are an acceptable form of transfer.
One other point I will make in this long winded post is the term "assault weapon" is misleading by the media, law makers and average citizens. I will agree that any weapon (gun, knife, rock) can be used in an assault and therefore be called an "assault weapon" but what is often associated with this term is a semi-automatic rifle that resembles that what the military use. The key word is semi, meaning that only one bullet is fired when you pull the trigger. Fully automatic rifles are the only true "assault weapon" and are not easily owned by the general public unless you pay an exorbitant tax and you pass a background check more thorough than one for the FFL. What has become popular by the tacti-cool crowd and what was used by the scumbag in Aurora is what is referred to as an AR15. The AR does not stand for assault rifle but for the company that designed and patented the gun, Armalite. Armalite sold the patent to Colt I believe in 1948 or 1958. The AR platform is often used in firearm competitions, police departments and military, it is a semi-automatic rifle mostly in carbine size (barrel being 18"-20"). Another firearm synonymous with an "assault weapon" is the AK47, which is also a semi-automatic rifle design in the former U.S.S.R. and often replicated to much lower quality standards. The original design (Kalashnikov) was a select fire rifle meaning the operator had the option of pulling the trigger and having a 3 or 5 rounds fired (can't remember exact count) or single fire. Because of the basic, and trouble free design of the AK47 many third world countries have replicated the Kalashnikov AK47 and done so cheaply. These are mostly the rifles (considered small arms) that you see rebels waving in the streets and recklessly firing into the air as a form of celebration.
Should the number of rounds a firearm can fire per minute/second be regulated (i.e. number of rounds per magazine)? That's not the purpose of my post. I think owning firearms is a right and privileged but I also believe it should not be mandatory. Unfortunately evil people will do evil things, no matter what measures are in place. The scenario I consider is why punish many for the actions of a few? This is a long post, hopefully you learn something by reading this, if not you just wasted a few minutes of your life.