Skip to comments.Vanity: What is the gunshow loophole?
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.
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."
Yes, as long as you have the gun delivered to an FFL dealer, who will charge $15-$35 for the service.
Pretty certain that you must have the firearm delivered to a local gun dealer and pick up there. The seller can’t deliver it directly to your home.
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.
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.
In other words there is no loophole. If they are dealers, you have to do the normal check. If they are individuals, you don’t just the same as buying one from your neighbor. If you purchase a gun off the internet, it must be shipped to an FFL dealer, and you of course fill out the same forms and are subject to the same instant check. I get tired of the idiots talking about a gun show loophole, and that you can just order guns off the internet “no questions asked”. It’s utter BS. I’ve done all the above, on both sides of the counter, too.
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.
Correct, it is the private transfer.
I would add that laws designed to “close the loophole” make it a felony to loan a weapon, have someone keep a weapon for you, etc. without going through a federal firearms dealer ($25-50 fee) on both ends of the transaction.
In fact, if I have firearm in my truck and loan the truck to my brother without removing the firearm, one or both of us would be guilty of a felony, per the new proposed law.
If my brother wanted to leave his pistol at my house, while he ran onto the local Naval Base (gun free zone), that would be a felony. If you and I went skeet shooting and you forgot one of your shotguns under my backseat, that would be a felony. If my father gave me the first rifle I killed a deer with, and we didn’t go through an FFL, it would be a felony.
That is the full extent of “fixing” the gun show loophole.
If it is a person-to-person transfer, it's not any different than answering an ad in the paper, or buying from a friend/neighbor.
But, if you are shipping across state lines, it must be shipped to an FFL holder, who performs the same steps as a retail sale.
And complete the background check, and observe all waiting periods, before pick up.
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.
Not really. If you go to any of the major sites, they require an FFL.
If you go to craigslist (assuming they allow gun sales; I don’t know) and arrange a person-to-person purchase, depending on your state there is no FFL required.
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
Yes, you can go on the Internet and purchase a firearm. If the firearm is in another state you MUST ship it through a FFL dealer where you will go through a background check.
“This really pisses off liberals.”
Pisses off “statists,” you mean. Plenty of RINOs like this idea, too.
Can’t have the population being able to rise up too easily.
My last gun purchase:
Bid on the gun on Gunbroker (Ebay for guns) and won it.
Called the seller. Told him the name of the establishment (pawn shop) I would be using to transfer the gun (required).
Went to the post office and got a money order and mailed it to the seller.
Called the pawn shop with the sellers fax number and asked them to fax a copy of their FFL to the seller with my name and the name of the gun on it.
Several days passed. Called the seller for confirmation of receipt of payment and the pawn shop’s fax.
Seller shipped the gun to the pawn shop.
Several more days passed. The pawn shop called me to tell me that the gun had arrived.
I went to the pawn shop, where I had to present ID, fill out a form 4473 declaring that I wasn’t a felon and was eligible to receive a firearm. Waited while the pawn shop rep called NICs (National Criminal Instant Check System) and read them the info on the form. Once the check came back with “proceed”, I paid the pawn shop the fee that they charge me to transfer the gun ($15.00) and took possession of the gun.
It is not trivial to buy a gun on the internet.
All of this is the minimum required by law.