What is "Closing The Gunshow Loophole"

2-5-13 | misanthrope

[misanthrope]

What is "Closing The Gunshow Loophole" ?

At the top of the list of changes to gun transaction restrictions the left has bleated on for years is what they have deceptively labelled "Closing The Gunshow Loophole". On it's face, it would seem they are referring to firearms transactions that occur at gunshows between private parties not involving an NICS background check.

When you listen carefully, though, you also hear the Progressive explanations include firearms transactions that occur at other venues such as flea markets. Every now and then, if you listen really closely, the liberal will let slip that the REAL problem is the non NICSed transaction itself, regardless of where it takes place or between whom.

So, it should be understood that when an anti-gun rights activist refers to "Closing The Gunshow Loophole", it is simply code-speak for what is more accurately referred to as "Universal Background Checks".

Assuming that the Federal government, and the various state governments that require some form of licensing to purchase firearms, can be taken at their word that they have not maintained data pertaining to who bought what firearm, most all firearms are literally untraceable despite the data on the form 4473. Within some restrictions, any individual that has purchased a gun from an FFL at a retail establishment throughout history could have sold (or otherwise transferred) that firearm to any anonymous individual with no obligation to retain any data on the transferee's identification whatsoever.

It's safe to assume that there are literally millions, or perhaps tens of millions, of firearms floating around out there that cannot be tracked down to the current owner using the data contained on form 4473.

So, enter the "Universal Background Check" (AKA "Closing The Gunshow Loophole").

Simply put, there is currently NO WAY to enforce the performance of an NICS background check between private, non-FFL individuals. Individuals wishing to trade a firearm privately will simply do so knowing that they preserve their anonymity, the firearm being traded preserves it's non-trackable status, and there are no possible legal ramifications (short of being caught by the authorities in the act of conducting the transaction).

The only way to enforce a "Universal Background Check" (AKA "Closing The Gunshow Loophole"), has to be via connecting firearms owners with firearm's serial numbers.

We call that "Firearms Registration".

Once "Firearms Registration" is accomplished, enforcement of "Universal Background Checks" becomes possible (and trivially easy). Without "Firearms Registration", enforcement of "Universal Background Checks" is impossible.

They know this.

The Anti-Firearms Rights movement is not going to spend the time, money, and political capital in pushing "Closing The Gunshow Loophole" legislation without plans for follow-up legislation to facilitate enforcement.

So, I would suggest that the somewhat innocuous sounding phrase "Closing The Gunshow Loophole" is simply code-speak for "Universal Firearms Registration".

Those familiar with the history of firearms registration during the 20th century know what that means.

[OA5599]

The way I usually explain it is that there is no actual loop hole. It’s a bait and switch term.

If the law requires you to do a background check prior to selling a firearm, you still have to do it if selling at a gun show. (This mostly applies to licensed dealers.)

If the law does not require you to do a background prior to selling a firearm, then the fact that you are selling at a gun show does not change the requirement, and you still do not have to perform a background check to sell the firearm. (This mostly applies to private citizens.)

A gun show is simply a Constitutionally protected natural right to assemble. The place where a transaction is made doesn’t change the law.

Considering that private citizens are not allowed access to the NICS checks, “closing the gun show loophole” is code for banning private sales at gun shows (or perhaps banning private gun sales all together).

[Lumper20]

Thanks for the updated INFO. I am concerned about what you saw.

[Oatka]

“Universal Background Checks”. A misnomer if there ever was one, as that implies that even the criminal element will submit to a background check.

Funny how something is a “loophole” only when it interferes with the liberals’ agenda.

[misanthrope]

Ping

[bboop]

Thank you. I will keep that in mind for future arguments.

[bboop]

Thanks. I like to be well-armed (logically, with facts) when I go up against a gun-hater.

[TurboZamboni]

Why is the SERIAL NUMBER and MODEL NUMBER needed for a background check? It seems to me that you should ONLY check the person and be done with it. Nothing is gained with serial and model numbers, UNLESS someone is trying to build up a database for later confiscation?
(which our government denies they want to do)