Posted on 06/18/2013 9:08:35 AM PDT by Sherman Logan
I continuously see claims that "we must close the gunshow loophole" in the MSM. But on FR most people seem to assume there is no such loophole.
I've tried to research exactly what this loophole is supposed to be, but one side seems to take its existence as self-evident and therefore needing no definition, and the other as an equally obvious negative.
I would really appreciate an explanation of what this loophole is supposed to be, and perhaps of why it isn't one.
Thanks, that's what I was trying to find out.
>>You can still rent a table without an FFL, but you can’t sell firearms. <<
WRONG! You can still rent a table without an FFL, and you can sell firearms. The show broker will make you sign a form saying that you are not a licensed dealer and you have sold X number of guns in the past 12 months. Most brokers will allow you to sell up to ten guns if you have not sold any guns in the preceding 12 months. Don’t get caught lying on the form! You will go to federal prison.
“It is not trivial to buy a gun on the internet. All of this is the minimum required by law.”
All true, unless....the buyer & seller reside in the same state. I have bought guns on gunbroker.com & it’s a simple transaction in our state. Law enforcement division recommends writing a receipt with both driver’s license numbers to confirm the weapon changing hands, but that’s all.
“Gun show loophole” is liberal poppycock.
>>someone could easily go on the internet and buy guns. Is this true?<<
Yes. Take a look at http://www.armslist.com/classifieds/north-carolina Only buy from or sell to someone who can present identification showing that they are current residents of (in your case) North Carolina. You don’t need to copy any info from their license but make them prove to you that they are current state residents.
There is no law saying private individuals must maintain records of gun sales.
Okay. If true, sounds like this is the gunshow loophole they’re complaining about.
Do the firearms you sell using this approach go through any kind of background check?
I don't know how comfortable I'd be with the folks who get issued Obamaphones being issued a firearm at my expense.
Correct ... BUT it is a good idea to keep records since lawsuits can crop up. I sell from my private collection occasionally and I have taken to getting a driver’s license number to keep alongside the serial number of the ‘tool’ sold. BTW, I have a nice Rockola Carbine I would let go of, for the right price.
True, but it’s not a bad idea. If a gun I once owned was used in a crime & traced back to me, I would produce the receipt, “Nope, sold that one years ago, check it out.”
No, as long as you are selling to a current state resident. Every state has their own laws. Some states want the buyer to get a permit first but the seller doesn’t need permission to sell.
If you were to only buy from neighbors that would never be an issue because it couldn’t be traced back to you.
_______________________________________________________
Could it, Senator Schumer? I hope you dump your lunch seeing this in print.
>>Do the firearms you sell using this approach go through any kind of background check?<<
If you think perchance that you are selling a stolen weapon, just toss it in the river. Don’t get yourself mixed up with hot guns.
Others have posted, but it depends on the gun show promoter’s policy and state law. Federal law only factors in if you exceed the limits below which you are considered a private seller.
Unless you and the seller are close to each other, in which case you can do a face-to-face private transaction. It's not the internet, it's shipping the firearm via common carrier that triggers the requirement that it go to an FFL.
Dealers and pawn shop owners will generally run a check on the serial number to verify they're not about to buy stolen property.
Not in any state I've attended shows in for the past two decades. No FFL, no firearm sales. It may be different elsewhere. I see how this could be contstrued as a "gun show loophole".
I have never bought over the Internet since it sounded a bit complicated and risky. Also, it is sight unseen and so what happens if there is some issue with the firearm? Good luck returning it or getting it repaired.
I have never bought via the “loophole” either so I am not a good candidate nor an expert.
At the Washington Arms Collectors gun shows here in Washington state, you must be a member (background checked) and are supposed to only sell to another member (who is also background checked). If you are caught selling to a non-member, you are kicked out of the gun show (I think for life).
I think this depends on the state and the gun show promoters rules. I am pretty sure here in WA at Washington Arms Collectors shows, non-FFL holders (private citizens) can rent a table and sell their collection, but only to members (who have been checked).
I think there are laws regarding how many sales in a year makes you a dealer and you would need to get an FFL....
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.