Skip to comments.What is "Closing The Gunshow Loophole"
Posted on 02/05/2013 9:55:40 AM PST by misanthrope
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.
To liberals, the ‘gun show loophole’ is the front entrance.
Basically, they want to make it ILLEGAL for me to sell a gun I own to you, without doing a background check. Now, just HOW is a private citizen to conduct a background check?
This will be a BOON to gun store owners, since we would not be able to sell our weapons any longer.
H.R. 34: Blair Holt's Firearm Licensing and Record of Sale Act of 2013. Sponsor: Rep Rush, Bobby L., Referred to the Subcommittee on Crime, Terrorism, Homeland Security, And Investigations.
H.R. 117: Handgun Licensing and Registration Act of 2013. Sponsor: Rep Holt, Rush, Referred to the Subcommittee on Crime, Terrorism, Homeland Security, And Investigations.
H.R. 137: Fix Gun Checks Act of 2013. Sponsor: Rep McCarthy, Carolyn, Referred to the Subcommittee on Crime, Terrorism, Homeland Security, And Investigations.
H.R. 141: Gun Show Loophole Closing Act of 2013. Sponsor: Rep McCarthy, Carolyn, Referred to the Subcommittee on Crime, Terrorism, Homeland Security, And Investigations.
S.22: A bill to establish background check procedures for gun shows. Sponsor: Sen Lautenberg, Frank R. Referred to the Senate Judiciary committee
You make some excellent points in connecting the dots here.
Keep in mind that Universal background check are Unconstitutional for three reasons:
1). They are outside the purview of the Federal governments Constitutionally enumerated powers.
[How can a sale between friends in one state be interstate commerce?
2). They are an unconstitutional prior restraint on 2nd amendment.
[They are imposing a penalty and a punishment before you can exercise a God-given and Constitutionally affirmed right]
3). AND They are an Infringement on the right of the People to keep and bear arms.
Bottom line: Registration is the Holy grail for the gun grabbers once they have lists of who has guns, they will come up with a sorts of nefarious schemes to exploit those lists everything for taxing guns to harassing people for how they are stored. Who know what kinds of abuse that will entail?
I would suggest that we simply use our own terms for this discussion as you suggested, instead of using those innocuous sounding phrases, we use your term: “Universal Firearms Registration”
The Gun Control Debate
Universal background checks now, then full registration after the next mass shooting, preferably at a grade-school.
And for those of us who are less knowledgeable but fiercly support the Second Amendment, can you give me/us a simple way to counteract the liberals’ ‘Background checks are not even DONE at gun shows’? Thanks.
You are, of course, correct. The left is using the most deceptive language possible to try to get “back-door” gun registration.
I’ve suggested turning the tables on them. They want background NICs checks on everyone? Fine, let’s reform the system. There is no reason in the world for a background check to tie back to any particular firearm — no justification at all to have the serial number(s) recorded in any way...including on a 4473.
Why not at least take a jab at playing their game? Take ‘em at face value, and then try to walk ‘em back. At least for once they would be on the defensive.
When are we going to get (1st Amend) Background Checks on MSM word processors?
How many people have they gotten killed with their lying crap?
The gun show loophole is actually a “private seller loophole.”
Thanks for the bump and the kind words.
Good info. Thanks!
it is actually the private property loophole.
remember this also leave a sales tax due trail.
Only private transactions between individuals involving (probably) a single firearm owned by the seller are exempt from the NICS requirement. These sales represent a tiny minority of transactions at a gun show.
Since there isn’t a loophole to start with but an intentional demonizing of individuals’ rights to sell guns to one another peacefully, one can ONLY conclude they are actually working to make all private gun sales illegal unless they have gone through a background check, presumbably through NICS.
Now we hear that “we don’t want to create a gun registry of ‘bad people’ having guns,” “we want to create a registry of law-abiding citizens.”
Well, in early 1930s Germany, Hitler compiled lists of Jews, law-abiding Jews (he’d already committed the ones who fit some miscreant category to prison or mental institutions). So we might have a REGISTRY of law-abiding Americans. Just what in the f@ck is the purpose of that? WTF?
I’ll tell you. Universal Checks (what they want with closing their frigging ‘gun show loophole) are REGISTRATION. And, REGISTRATION is CONFISCATION yet executed. It would only take another Newtown, which they could actually foment, and off they go - a disarmed law-abiding America, while the Holder’s people, Mexico’s People, Nigeria’s People, Allah’s people disregard it with impugnity. Nice times ahead.
An unconstitutional law is not a law.
“Gun Show Loophole”
Libspeak for private sales. Long-arm (rifle and shotgun) transfers between citizens.
They seem to think (or like to perpetuate the idea) that that’s the way gun shows operate; it isn’t. Dealers selling firearms are required to do background checks through the NICS and PICS (in PA’s case) systems.
Maybe son private sales happen, but once again, very, very few crimes have happened with legally-purchased firearms.
Handguns - ALL handguns in PA - must go through the FFL transfer system.
Except of course the ones that are stolen out of people’s homes, or disappear from the police evidence lockers (you know, the “misplaced” ones)... which of course are the majority of those actually used in crime.
Basically they want a database of EVERY SINGLE legally-owned firearm in the country, and if course we all know WHY.
It must gall Libs every single day and moment of their lives to know that somewhere, some body is actually FREE and enjoying their life and not complying with their little acts of daily fascism and subversion.
Simple. The response is: that is a lie.
I have never purchased a gun at a gun show without some form of background check. Albeit it is fast when you have a ccl.
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.