Gun Show Background Check Loophole

Gun Show Background Check Loophole

This is a discussion on Gun Show Background Check Loophole within the General Firearm Discussion forums, part of the Related Topics category; Can someone help me better understand exactly what the gun show background check loophole is? I recently bought a new gun from a dealer at ...

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    Member Array contented's Avatar
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    Gun Show Background Check Loophole

    Can someone help me better understand exactly what the gun show background check loophole is? I recently bought a new gun from a dealer at a show and he did a background check. So I assume it has to do with sales between private individuals and what the definition is of a private sale.

    Also, it is not uncommon to see folks at flea markets with two or three guns or more for sale. Are these sellers required to perform background checks?

    Was discussing all of this with one of my anti gun friends a few days ago. He knew nothing about this and I know only slightly more about this aspect, so I thought I'd ask here.

    Thanks all.


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    "Gun show loophole"...

    There is no such thing. Buying a gun from a dealer, you'll get a background check. Buying a gun from a private party, you won't. Doesn't matter whether you are at a gun show or not.

    This is the same kind of anti-gun doublespeak as "common-sense gun laws".

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    It's the libs way to refer to private party sales while trying to make it sound like something bad that the government needs to step in and stop.

    If they simply referred to it as private party sales they would face a backlash from people who wouldn't actually support legislation if they were simply informed what the "loophole" actually was.


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    Quote Originally Posted by TX expat View Post
    It's the libs way to refer to private party sales while trying to make it sound like something bad that the government needs to step in and stop.
    Yup. It's incrementalism, 'cause that's what can be gone after first, once the suitable euphemism for a title was selected, that is). Once the hubbub dies down, the plan is to then move on to full and complete checks ... tracing ... registration.
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    Quote Originally Posted by contented View Post
    Can someone help me better understand exactly what the gun show background check loophole is? I recently bought a new gun from a dealer at a show and he did a background check. So I assume it has to do with sales between private individuals and what the definition is of a private sale.

    Also, it is not uncommon to see folks at flea markets with two or three guns or more for sale. Are these sellers required to perform background checks?

    Was discussing all of this with one of my anti gun friends a few days ago. He knew nothing about this and I know only slightly more about this aspect, so I thought I'd ask here.

    Thanks all.
    The gunshow loophole, like assault weapons, Saturday Night Specials, Cop-Killer Bullets, high-capacity clips, and reasonable, commonsense gun laws is a contrivance of the antis intended to mislead the public to promote their gun-grabbing agenda.
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    The only "loop hole" I know of is in the heads of the idiots that want more control.
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    Quote Originally Posted by Mike1956 View Post
    The gunshow loophole, like assault weapons, Saturday Night Specials, Cop-Killer Bullets, high-capacity clips, and reasonable, commonsense gun laws is a contrivance of the antis intended to mislead the public to promote their gun-grabbing agenda.

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    Actually, there is a bit if a loophole at gun shows...let me explain.

    As things are right now, you buy a gun from a gun shop or a dealer at a show...they all have to have a FFL and must do background checks. Now I've accepted this practice because I have no choice. I would prefer no checks at all.

    BUT...at many gun shows, gun buyers gobble up many guns at low prices and set up a table and sell lots of guns without the dealer's required FFL. I'm not including individuals who take some of their personal guns to trade or sell.

    IF...the only loophole covered up would be the, I'll call them "unlicensed dealers", then I wouldn't think of them as any different from regular gun dealers...and should have the FFL to do that kind of a business.

    This could probably be easily clarified at gun shows if only FFL could set up stands...private individuals carry what they want to trade or sell...I'm just sayin'...

    I'm not trying to be pro or con, just pointing out or clarify a question someone had.
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    Quote Originally Posted by retsupt99 View Post
    Actually, there is a bit if a loophole at gun shows...let me explain.

    BUT...at many gun shows, gun buyers gobble up many guns at low prices and set up a table and sell lots of guns ...
    As was said: there are dealers, and there are private parties. And the "loophole" attempts are seeking to cover private parties ... little different than UBC, though an incremental, supposedly tolerable step.
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    Quote Originally Posted by retsupt99 View Post
    Actually, there is a bit if a loophole at gun shows...let me explain.

    As things are right now, you buy a gun from a gun shop or a dealer at a show...they all have to have a FFL and must do background checks. Now I've accepted this practice because I have no choice. I would prefer no checks at all.

    BUT...at many gun shows, gun buyers gobble up many guns at low prices and set up a table and sell lots of guns without the dealer's required FFL. I'm not including individuals who take some of their personal guns to trade or sell.

    IF...the only loophole covered up would be the, I'll call them "unlicensed dealers", then I wouldn't think of them as any different from regular gun dealers...and should have the FFL to do that kind of a business.

    This could probably be easily clarified at gun shows if only FFL could set up stands...private individuals carry what they want to trade or sell...I'm just sayin'...

    I'm not trying to be pro or con, just pointing out or clarify a question someone had.
    Thanks much. I'm not trying to be pro or con either, nor do I have an axe to grind. But I do like to be well informed.

    One more question, at what point does a seller have to obtain a FFL?

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    when you're doing it to make money. if you're just selling to get rid of it, even to purchase another. you should be good
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    Quote Originally Posted by hek1620 View Post
    Quote Originally Posted by contented View Post
    One more question, at what point does a seller have to obtain a FFL?
    when you're doing it to make money. if you're just selling to get rid of it, even to purchase another. you should be good
    Yes. I'd think, even if you've just purchased it and then turn around and sell it because a deal popped up you'd still be good.

    Where the loopers get cranked is when folks essentially set up shop inside the show and crank a good number of guns through their hands without being dealers. Though, any show operator ought to be able to keep such folks out by issuing vendor tags and monitoring the tables for sneaks. One would think they'd have strong incentive for doing such things, lest they be charged with aiding and abetting criminal circumvention of the statutes on "dealing."
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    You can sell from your "private collection" without an FFL. If your private collection is one gun or a thousand, the law doesn't specify. However, if you had a booth at a gun show with your 1,000 gun private collection and somebody came up and said, "Do you have X gun?" and you said, "No, but I can get you one", you are a dealer and require an FFL.
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    There a a Reuters reporter at a gun show, who stopped a person who was there to sell his rifle. The report paid about $1500.00 cash for it, and everyone was happy, you'd think? The reporter turned to the camera and stated this is how GUN SHOWS bypass background checks. ( I wonder if she put in a grinder , or is it sitting in someone's gun safe right now)

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    Quote Originally Posted by Kennydale View Post
    There a a Reuters reporter at a gun show, who stopped a person who was there to sell his rifle. The report paid about $1500.00 cash for it, and everyone was happy, you'd think? The reporter turned to the camera and stated this is how GUN SHOWS bypass background checks. ( I wonder if she put in a grinder , or is it sitting in someone's gun safe right now)
    Sounds like a "straw" purchase to me: the newsie wasn't buying for herself, but for "the cause" (whomever that is). Where's the BATFE when you need 'em?
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