Skip to comments.What are gunshow loop holes?
Posted on 06/21/2016 7:23:46 AM PDT by Kozy
What are gun show loop holes?
Gun show loophole, gun law loophole, Brady law loophole (or Brady bill loophole), private sale loophole, or private sale exemption is a political term in the United States referring to sales of firearms by private sellers or dealers, including those done at gun shows, dubbed the “secondary market”. The term refers to the viewpoint that a loophole in federal law exists, under which “[a]ny person may sell a firearm to an unlicensed resident of the State where he resides as long as he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms”.
Under federal law, private-party sellers are not required to perform background checks on buyers be it at a gun show or other venue. They also are not required to record the sale, or ask for identification. This requirement is in contrast to sales by gun stores and other Federal Firearms License (FFL) holders who are required to record all sales and perform background checks on almost all buyers, regardless of whether the venue is their business location or a gun show, even though there is common misconception that licensed dealers are not required to perform background checks if the transaction occurs at a gun show. Access to the NICS background check system is limited to FFL holders and FFL’s are not issued to persons that only sell firearms at gun shows.[nb 1]
Since the mid-1990s, gun control advocates have voiced concern over the perceived loophole in legislation, and campaigned to require background checks and record-keeping for all gun sales. Contrarily, gun rights advocates have stated the laws function as intended, and no loophole exists. They have contended that required background checks and record-keeping for private sales of firearms endanger Second Amendment rights, and exceed the governments authority, regardless of the venue.
Places where Freedom gets through despite the efforts of totalitarians to prevent it.
Those are the loopholes where the U.S. Justice Department allows the sale of weapons to Narco-Terrorist groups./S
They are a 5% truth blown up to be a 100% fiction.
At gun shows, most tables are managed by Licensed FFL dealers, and all of their sales require background checks.
A few tables are private sellers (not in the business, thus not requiring background checks).
The Libs pretend all tables are private, which is the lie.
Lies. There is no such thing as a gun-show loophole. Transactions involving free private citizens are NOT crimes in most states and DO NOT require background checks.
By using the term “Gun Show” gun takers hope to deceive normal citizens that something fishy is going on.
No such thing. Liberals consider a private sale of a firearm that does not involve the government a “loophole” on the law.
Basically, it is the ability to go to a gun show and buy a firearm from someone that is walking around - without filling out a Form 4473, which licensed Federal Firearms Dealers (FFLs) are required to have you complete, and without the background check (a “NICS” check, supposedly done instantaneously via electronic hookup with the FBI. Note that some people with carry licenses - like in TX - don’t have to go through the NICS check, because they’ve already been checked, and would have the license pulled if they did anything disqualifying). SOME of the people at the tables will also sell you a gun in a similar way, but MOST of the guns (like 90% or more) sold at gun shows are sold by dealers - and they have to follow the EXACT same rules as they would have to at their store. So the “loophole” is minor.
Note also that this same “loophole” is available if you buy a gun from your friend or neighbor - at least in most states. The feds defer to state law if it is tougher. Places like CA and NY probably (and I’ll stand corrected if someone there knows differently) require something to go to the state.
FYI, the word “loophole” is an absolute misnomer. It is simply known as the FREEDOM to buy and sell property without telling the government. Also FYI, until 1968, EVERY gun sale was done this way - there wasn’t any such thing as a 4473, and the background checks didn’t start until the mid-1990s under Clinton.
There is no “loophole”. A “loophole” would mean that there is some legal exception to something that would normally be the rule. An FFL has to check your background, period, including at a gunshow. In some states a person who is not in the business of selling guns can sell you a gun without taking you to an FFL to get a background check. Some states have extra rules for gunshows NONE have less, NONE have a “loophole”.
Oh, and surveys of felons in prison find that they practically never get there guns at gun shows.
Bottom line: There is no “gun show loophole.” The same laws apply at gun shows as apply everywhere else.
Lol, did you watch the Steven Crowder video?
The main loophole consists of the “Shall Not Be Infringed” part of the second amendment. All the rest is just hair splitting.
Its not a loop hole.
Its THE LAW.
According to liberals,gun show loopholes are any that allow anyone to buy any kind of weapon.
If you want to buy a gun owned by a private citizen, and he is willing to sell, you exchange money for gun. End of story.
If you want to buy a gun owned as commercial stock by a licensed firearms dealer, Federal Law requires him to fill out a Form 4473 and run a NICS background check on you befor exchanging money for gun. End of story.
Both of these conditions apply at gun shows, parking lots, dealer showrooms, etc.
THERE IS NO 'GUN SHOW LOOPHOLE'.
I'll add one more point of explanation:
Some states force all private sales to go through an FFL. The FFL doesn't do this for free, and the fee reduces the net amount received by the seller. It can exceed the value of the firearm.
Some propose to only close this alleged "loophole" at gun shows, leaving person-to-person private sales unregulated. But, it doesn't account for the reason that many people prefer to conduct their personal sales at a gunshow: security.
It is difficult to safely sell a firearm, because you have to advertise it for sale, making the seller a target for theft or burglary. And, there aren't safe places to meet for an exchange, either. My local police department offers their lobby as a place for people to exchange items they have listed on eBay, etc.... but they explicitly prohibit guns, knifes, etc. because the location is one of the few places where possession of a weapon is prohibited by law.
It’s really the private sales loophole, which they’ve always called the gun show loophole. Private parties are allowed to sell their legally owned stuff, and since they CAN’T do background checks they don’t have to. It’s completely unclosable, it’s really an acknowledgement of limitations more than anything, but libs have been gnawing on that bone for 30 years.
What are gunshow loop holes?
Fast and Furious operation, see Obama, Holder...
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