If I can add to your post, a caller on talk radio’s John Gibson show yesterday said someone could easily go on the internet and buy guns. Is this true?
Sometimes such a transaction might take place at a guns show, ergo the term "gun show loophole."
The so-called “Gun Show Loophole” is a term coined by liberal anti-gun folks to describe private transactions. If a dealer sells a gun at a gun show, or in his storefront, the purchaser must have a background check approved in order to purchase the firearm. However, if two private individuals, who are not federally licensed dealers, engage in a private sale of a firearm, no background check is required, whether it takes place at a gun show or not.
Pro gun folks like myself, are generally alright with requiring licensed dealers to require background checks, because the government issues the FFL and can require a background check. However, we are generally against the government requiring private individuals to have a background check in order to sell a firearm.
Basically,
Gun Show Loophole = your right to dispose of your private property as you wish.
Citizens don’t need permission from government to sell their own guns, whether they are at their home or at a gun show. Licensees do.
Oh, come on.......there is on loop hole.
It’s just like when “the enlightened” say tax loop holes, when they are legal tax deductions.
Liberals know nothing about weapons, or their purchase.
That said, PRIVATE individuals also attend gun shows. If two private citizens get together and want to have a private exchange, no background check is performed. The Left sees this as a problem.
It is the “loophole” that allows private citizens to sell firearms to each other without going through a government approved background check. Currently after a private citizen sells a firearm to another citizen, there is no way to track who owns it. This really pisses off liberals.
It’s like saying that because you can sell your used car to another person without being a car dealer that there is a parking lot loophole
In some states a person who is not an FFL can sell a gun to someone he believes to be a resident of his state and has no reason to believe is a felon. In some states that means he can go to a gunshow and sell a gun, usually by walking around with it. So no, there isn’t really a “gun show loophole”, he is just doing something at a gunshow that he could do outside the gunshow. This is only legal in some states.
The internet sales thing is just a lie. It might be technically legal to sell a gun to someone who lives in the same state as you, if you are not an FFL, even if they contacted you on the internet, but no one would. The auction sites don’t allow that sort of thing and online gunsellers are all FFL’s who only ship to FFL’s.
The Nazis want to stop ALL private gun sales... this is their foot into the door. That is all anyone needs to know.
LLS
Longer version: If you are buying from a private individual at a gun show, it's no different from buying a gun from a friend or neighbor.
If you are buying from a FFL (federal firearms license) holder at a gun show, they must perform all the steps required for a retain transaction.
At a typical gun show, the overwhelming majority of sales are by FFL holders -- as in about 90%. Only a handful are private individuals selling guns from their private collection.
The ATF is pretty stringent about what constitutes selling from a private collection, and buying/selling firearms as a business. If you are pretending to do the former, and are actually doing the latter, they will come down on you. And, they do "patrol" the gun shows looking for people like that.
If they require private sellers to go through FFL holders to sell a gun at a gun show, they'll simply drive those sellers away from gun shows and selling them elsewhere. The problem: a gun show is a secure place to sell your collection. You don't have to worry about meeting someone unknown to you to sell a gun, and you don't have to advertise to the world that you have a gun to sell.
Of course, the real goal is to track all private transfers. In some states, that's already happening. But, the reality is that very few firearms used in crime are acquired through legitimate means, either from a FFL holder or a private individual that legally owned the firearm.
Never been to a gun show, never bought a firearm over the counter, never filled out an ATF form. Nobody knows what I have, or where it came from, and I like to keep the powers to be guessing. I may have nothing, and I’m just blowing smoke up you a$$, or I may have enough to supply a small army. That’s for me to know, and hopefully, for you to never have to find out.
Statistically, I’ve wondered how many guns obtained by LEO’s from active shooters at crime scenes were actually purchased by the perp from a gun show. Not one they probably stole from someone who bought it at a gun show.
1. There is no loophole per se. All guns sold by dealers at gun shows must be transferred according to all applicable state and federal laws, including background checks and waiting periods if applicable.
1B. The "exception" occurs when a private citizen takes a privately owned gun to a gun show and sells it to another person in a private sale. This is no different from putting an ad for your gun in the newspaper and having someone stop by and buy it from you.
2. Internet gun sales are regulated the same as in-person gun sales. If you but a gun on the internet, it must be transferred via an FFL according to all applicable state and federal laws, including background checks and waiting periods if applicable. If anything it is tougher than buying in person.
That about sums it up. Of course, if you get a C&R license you can get certain guns delivered right to your front door without any paperwork. Just don't tell the libs.
Purchasing a firearm varies somewhat from state to state.
Here in NC there is no ‘gun show loophole’.
Long guns purchased from an individual, nothing required.
From store/ gun show vendor, NCIC check.
Handguns go through NCIC plus checked through a pistol permit gotten at the Sheriff’s office . They run a separate check. (you apply for and get the permits ahead of time, $5 each. You can get as many as 5 at a time)
When you buy a handgun the store takes the pistol permit. If you buy from a private individual that person is supposed to require and take a permit.
If you have a CCW ID you can use that in leu of a permit.
I don’t know all of the laws... but I do know the last gun show I was at... a friend walked up to a table with many guns on it, picks up one and says “is it used”.... guy behind the table says “a little used...it’s had a few clips fired through it”. My friend lays down 12 100 dollar bills... and the gun is his. No names mentioned, no checks, just free market system. I personally think that’s not a problem. But I suspect it is a transaction that the left doesn’t care for.
“I would really appreciate an explanation of what this loophole is supposed to be, and perhaps of why it isn’t one.”
It is called a private sale. Essentially two guys in a parking lot, one hands over the cash, one hands over the gun. The gun-grabbers call it a loophole because they want the government in on all transfers of firearms, so they can eventually track them all down and confiscate them.