The Gunshow 'Loophole'

[philnotfil]

There is no gunshow loophole.

Gunsellers who sell guns as a business have to comply with all of the same regulations that they do when selling guns at their stores. Private sellers who do not sell guns as a business (within their state) have to comply with all of the same regulations that they do when selling a gun privately from their home.

It doesn't matter if they are at a gunshow or not.

[PIMking]

but to the anti's this is a loophole....

[gator996]

Whether or not there's a "loophole" is irrelevant.

Gun control activists want background checks performed on all gun sales.
They also want all sales, transfers, guns lost, guns destroyed to be recorded.

[PIMking]

yeah registration leads to them taking them and some anti posting up all the addy's on the web for the world to see.

[gator996]

PIM, that may well be the case but the fact of whether or not there's a loophole doesn't really matter does it?

[philnotfil]

Originally Posted by gator996

Whether or not there's a "loophole" is irrelevant.

Gun control activists want background checks performed on all gun sales.
They also want all sales, transfers, guns lost, guns destroyed to be recorded.

I agree, it just bugs me when I see or here people complain about a loophole that doesn't exist.

[jimgata]

If it is legal, how can it be a loophole? There is no such thing as a loophole, it is either legal or it is unlawful. Laws are laws and not loopholes.

[VAg8r1]

Originally Posted by philnotfil

I agree, it just bugs me when I see or here people complain about a loophole that doesn't exist.

Are individuals who purchase firearms at gun shows (or through various forms of private sales) subject to background background checks? The term "gun show loophole refers to the absence of mandated background checks. According to the link below, there is, in fact, such a loophole.

To date, the National Instant Criminal Background Check System (NICS) has prevented nearly 1.8 million criminals and other prohibited purchasers from buying guns. The law also has a deterrent effect—prohibited purchasers are less likely to try to buy guns when they know comprehensive background check requirements are in place.

Unfortunately, current federal law requires criminal background checks only for guns sold through licensed firearm dealers, which account for just 60% of all gun sales in the United States. A loophole in the law allows individuals not “engaged in the business” of selling firearms to sell guns without a license—and without processing any paperwork. That means that two out of every five guns sold in the United States change hands without a background check.

Though commonly referred to as the “Gun Show Loophole,” the “private sales” described above include guns sold at gun shows, through classified newspaper ads, the Internet, and between individuals virtually anywhere

link

[The_Ultimate_Gator]

Originally Posted by VAg8r1

Are individuals who purchase firearms at gun shows (or through various forms of private sales) subject to background background checks? The term "gun show loophole refers to the absence of mandated background checks. According to the link below, there is, in fact, such a loophole.
link

Yes, they are required if they buy from a dealer. If they buy from an individual, then no.

Regardless, guns purchased at gun shows are used in less than 2% of all gun crimes. (source - page 99)

[Matthanuf06]

Originally Posted by VAg8r1

Are individuals who purchase firearms at gun shows (or through various forms of private sales) subject to background background checks? The term "gun show loophole refers to the absence of mandated background checks. According to the link below, there is, in fact, such a loophole.
link

Omitting private sales from the law isn't a loophole though. It was very intentional.

And besides the private sales we should worry about aren't at gun shows but rather in the streets of the worst areas of our cities.

[gatorman_07732]

Originally Posted by gator996

Whether or not there's a "loophole" is irrelevant.

Gun control activists want background checks performed on all gun sales.
They also want all sales, transfers, guns lost, guns destroyed to be recorded.

Most gun control activists are completely ignorant of firearms and current laws regarding firearms.

[PIMking]

So since it's legal to privately purchase a firearm it's a loophole?

[Lawdog88]

Originally Posted by gator996

Whether or not there's a "loophole" is irrelevant.

Gun control activists want background checks performed on all gun sales.
They also want all sales, transfers, guns lost, guns destroyed to be recorded.

Ultimately, confiscation, we get it.

But back to hypothetical reality for a moment, how is a private person going to perform a background check prior to selling his neighbor - or anyone else - his granddad's .38 ?

Are private citizens going to granted access to the privileged information in government databases that gun dealers have access to ? Is the neighbor going to have to fill out a government-issued, pre-purchase check list sheet (under penalty of perjury) and undergo a background check, giving up SSN, DOB, DL#, etc. ?

Or is this just an unwieldy ruse that has the ultimate aim of actually stopping the transfer of firearms between private individuals, and making any such transfer a crime ?

Huuuuummmmm. I wonder.

[gatorman_07732]

nm

[gator996]

Originally Posted by Lawdog88

Ultimately, confiscation, we get it.

But back to hypothetical reality for a moment, how is a private person going to perform a background check prior to selling his neighbor - or anyone else - his granddad's .38 ?

Are private citizens going to granted access to the privileged information in government databases that gun dealers have access to ? Is the neighbor going to have to fill out a government-issued, pre-purchase check list sheet (under penalty of perjury) and undergo a background check, giving up SSN, DOB, DL#, etc. ?

Or is this just an unwieldy ruse that has the ultimate aim of actually stopping the transfer of firearms between private individuals, and making any such transfer a crime ?

Huuuuummmmm. I wonder.

That private person would have to go to their local police dept and have a background check performed prior to selling the gun or the buyer would have to have a background check performed prior to buying the gun and present the document to the seller who would be required to turn that report in after the sale.

If private gun transactions are generally between 2 law abiding citizens what would be the problem?

[Matthanuf06]

Originally Posted by Lawdog88

Ultimately, confiscation, we get it.

But back to hypothetical reality for a moment, how is a private person going to perform a background check prior to selling his neighbor - or anyone else - his granddad's .38 ?

Are private citizens going to granted access to the privileged information in government databases that gun dealers have access to ? Is the neighbor going to have to fill out a government-issued, pre-purchase check list sheet (under penalty of perjury) and undergo a background check, giving up SSN, DOB, DL#, etc. ?

Or is this just an unwieldy ruse that has the ultimate aim of actually stopping the transfer of firearms between private individuals, and making any such transfer a crime ?

Huuuuummmmm. I wonder.

My guess is you would have to do the background check at a dealer for a fee.

[gatorman_07732]

[quote=gator996;6296738]That private person would have to go to their local police dept and have a background check performed prior to selling the gun or the buyer would have to have a background check performed prior to buying the gun and present the document to the seller who would be required to turn that report in after the sale.

If private gun transactions are generally between 2 law abiding citizens what would be the problem?[/QUOTE]

And it they're not law abidding, they won't give a flip anyway.

[PIMking]

Originally Posted by Lawdog88

Ultimately, confiscation, we get it.

But back to hypothetical reality for a moment, how is a private person going to perform a background check prior to selling his neighbor - or anyone else - his granddad's .38 ?

Are private citizens going to granted access to the privileged information in government databases that gun dealers have access to ? Is the neighbor going to have to fill out a government-issued, pre-purchase check list sheet (under penalty of perjury) and undergo a background check, giving up SSN, DOB, DL#, etc. ?

Or is this just an unwieldy ruse that has the ultimate aim of actually stopping the transfer of firearms between private individuals, and making any such transfer a crime ?

Huuuuummmmm. I wonder.

the gun dealers don't have access to the actual information, they're just told proceed, hold or denied by the nics

[brainstorm]

When the gun control folks march into the inner cities and get their gun problems under control then they can come and talk to the rest of us who abide by the law.

[MichaelJoeWilliamson]

Originally Posted by The_Ultimate_Gator

Yes, they are required if they buy from a dealer. If they buy from an individual, then no.

This is true under ALL circumstances. I am not a gun dealer, and I can sell you a gun without requiring a background check.