U.S. Law Shield and Texas Law Shield, the largest legal-self-defense membership organizations in the country with more than 170-thousand members, responded to social-media-giant Facebook’s recent announcement that it is shutting down gun sales by individuals. Please see Midsouth Shooters Supply’s previous coverage of Facebook’s decision here.
“U.S. Law Shield and Texas Law Shield lawyers have reviewed Facebook’s recent announcement and the related media coverage, and have concluded that because Facebook is a private social website, it can have whatever policies it would like,” said Edwin Walker, a program attorney for U.S. Law Shield and Texas Law Shield based in Houston. “However, this action does speak to the general lack of knowledge about how legal gun sales, even by private individuals, are actually consummated in the United States.”
Walker quoted an Associated Press story describing Facebook’s move: “Facebook has announced a new policy barring private individuals from advertising or selling firearms on the world’s largest social network. The new policy applies also to Facebook’s photo-sharing service Instagram… Facebook had announced some restrictions on gun sales and advertising in 2014, saying it would block minors from seeing posts that advertised guns. But the social network did not ban private sales at that time… Also, licensed firearms retailers can still promote their businesses on Facebook, but they aren’t allowed to accept orders or make sales on the site.”
Walker said, “Anti-gun-rights groups, such as the Brady Campaign and Center to Prevent Gun Violence, who are quoted in the AP story, claim that ‘it’s too easy for anyone to buy any gun they want online without a NICS background check.’ In reality it is quite difficult, if you follow existing federal and state law.”
Walker explained that if individuals were to contact each other on Facebook or any other social-media system, a “sale” cannot be completed online — because the product cannot be delivered without the buyer going through a background check, in the vast majority of cases.
Walker pointed out that some elements of a transaction can occur — product description, promotion, price negotiation, even funds transfer. However, the firearm cannot be delivered to the buyer, unless both buyer and seller can meet face to face and are residents of the same state.
Otherwise, Walker explained, “If a gun goes into the UPS, Fedex, or U.S. Post Office delivery systems, it has to identified and shipped to a designated Federal Firearms Licensee (FFL). The receiving FFL is then required by federal law to run a NICS background check on the buyer, who must complete an ATF Form 4473, before the firearm can be physically delivered. An FFL would never risk his or her license, livelihood, and freedom by failing to do so. It’s already a felony for an FFL dealer not to run a NICS check prior to delivery, except in very limited circumstances, such as when the new buyer has a state-issued handgun license or permit that has been pre-approved by the ATF.”
“Effectively, the new Facebook policy is nothing more than a business regulating what happens on its premises,” Walker said. “Facebook is a private business, and we respect its ability to manage the business as the owners decide. So if they don’t want guns mentioned in commerce on their social-media platform, that’s their prerogative. But let’s be clear that what Facebook is actually regulating with this new policy is speech, pure and simple. The actual act of selling a firearm is highly regulated, even for private individuals. Facebook is only shutting down conversations between individuals because the subject matter is about guns, and nothing more.”
About U.S. Law Shield and Texas Law Shield
The U.S. Law Shield and Texas Law Shield Firearms Legal Defense Program is dedicated to preserving 2nd Amendment rights for all legal gun owners and ensuring legal representation for our members who ever have to use a firearm or any other lawful weapon in self-defense. Click for more information on USLawShield.com and Texaslawshield.com., or learn more at a GunLawSeminar.com.
8 thoughts on “Law Shield Responds to Facebook’s Anti-Gun-Sales Announcement”
No one has ever claimed that the liberals that come up with this stuff are very smart. In fact most are just plain stupid. Then you have all the others that believe these stupid lies. Those that blindly follow along. Look up Obamites if you don’t believe me!
Please don’t forget that some states require ALL transactions to consummate through an FFL. In California, face-to-face is no longer allowed even for long guns and relic and curio guns.
FACEBOOK is no more than a legal front to promote its anti-American communist positions and get rich off of American Freedoms and oppurtunities. It is no more than a bunch of gossip mongers with nothing else to do. I don’t belong and will make sure I never make the mistake of subscribing to a junk website like them. They should move to another country. Maybe ask Obama if they can move to Kenya when he moves back.
You need better lawyers if they concluded that this is legal and acceptable. Facebook is a public company. It is traded on the markets and is controlled by the federal government. Regardless, the Supreme Court recently decided that “private” conpanies such as the Colorado bakers and Oregon florists cannot deny service to Constitutionally protected citizens and provide service to others.
Gun ownership is a 2nd Amendment right and discussing it is a 1sr Amendment right. They cannot ban discussion of gun sales. There would already be a lawsuit filed if they decided to ban discussions planning gay marriage ceremonies.
Face book is nothing more than an electronic outhouse wall.
My site was hacked, supposedly. In actuality my phone number was removed and I contacted Facebook. Bamm. All gone secured and I cannot get back in. . Must now send a photocopy of 2 2 picture id’s. 1st one being my driver’s license. NOT HAPPENING. I rechecked with with facebook, sure enough. So Sharpe Guns & Coins will be on Facebook anymore. It’s time that I check on other options. Sincerely, Michael Sharpe.
Just DUMP Social Media. Problem Solved and fb can be the playground for the queers and pedophiles.
Today it is gun transactions…tomorrow it will be any discussions or Facebook Groups that have anything to do with guns.