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The gun control lobby argues that Americans can buy guns at gun shows without a background check. At all the gun shows I've been to in Northern Virginia most, if not all, the vendors are federal firearms licensed (FFL) dealers. They have computers at their tables and if you want to buy a gun they put you in for an instant background check. In Virginia it's legal to buy a gun from an individual without a background check and some people show up at gun shows with their guns and sell them there. But that constitutes a very small number of sales. Have you bought a gun at a gun show, and what's been your experience in your state with background checks at gun shows.
Posted in these groups: 
Firearms and Guns
Background Check
Firearms and Guns Background Check
Posted >1 y ago
Responses: 6
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Former Gun Dealer here (Virginia)
The "Gun Show Loophole" is a Misnomer as opposed to anything else.
When speaking of it, most people are referring to a Person To Person transaction (transfer), which depending on State does NOT require a Background Check (according to Federal Law).
Here is a "quick" rundown.
You may conduct a Person to Person transfer if the following is true:
1) Your State allows them. Not all states do. Virginia does. California does not. Those are two examples.
2) You are NOT prohibited from transferring the firearm normally. In other words, you have to be able to fill out an ATF Form 4473, and receive an "approval" if you were to go through an FFL. If you were to try and do so, would get denied, the transaction is illegal.
3) You may NOT transfer a HANDGUN (Pistol, Revolver, or Derringer) to a Resident of another State. As an example, a VA resident cannot transfer a handgun to someone from MD.
4) You may NOT bypass laws of other States to conduct the transfer (knowingly, aka Good faith). Some weapons are not legal in other States such as "Assault Weapons" (M16 variants), and transferring them, would be illegal.
So basically, as the BUYER (Transferree), if you are a resident of the State, and the SELLER (Transferrer) is a resident of the same State, and the weapon is legal in that state, and Person to Person transfers are allowed in that state, and neither of you are "prohibited persons" (felons et al), it's just selling personal property. When you reverse the scenario, the Transferrer, should make a Good Faith effort to verify that the Buyer is not a felon and is a resident (for handguns), and it is a good idea to maintain records of the sale, just like you would any high value item.
The "Gun Show Loophole" is a Misnomer as opposed to anything else.
When speaking of it, most people are referring to a Person To Person transaction (transfer), which depending on State does NOT require a Background Check (according to Federal Law).
Here is a "quick" rundown.
You may conduct a Person to Person transfer if the following is true:
1) Your State allows them. Not all states do. Virginia does. California does not. Those are two examples.
2) You are NOT prohibited from transferring the firearm normally. In other words, you have to be able to fill out an ATF Form 4473, and receive an "approval" if you were to go through an FFL. If you were to try and do so, would get denied, the transaction is illegal.
3) You may NOT transfer a HANDGUN (Pistol, Revolver, or Derringer) to a Resident of another State. As an example, a VA resident cannot transfer a handgun to someone from MD.
4) You may NOT bypass laws of other States to conduct the transfer (knowingly, aka Good faith). Some weapons are not legal in other States such as "Assault Weapons" (M16 variants), and transferring them, would be illegal.
So basically, as the BUYER (Transferree), if you are a resident of the State, and the SELLER (Transferrer) is a resident of the same State, and the weapon is legal in that state, and Person to Person transfers are allowed in that state, and neither of you are "prohibited persons" (felons et al), it's just selling personal property. When you reverse the scenario, the Transferrer, should make a Good Faith effort to verify that the Buyer is not a felon and is a resident (for handguns), and it is a good idea to maintain records of the sale, just like you would any high value item.
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Capt Seid Waddell
Sgt Aaron Kennedy, MS, same thing here in KY. Person to person sales at gun shows are legal if both are KY residents. Some individuals have tables at gun shows to sell/trade personal firearms.
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As the term or phrase is used commonly yes it's a myth.
While at a gun show can you buy a gun from a private citizen ? YES just like you can at the walmart parking lot or my home.
However at no gun show in any state of the US can a dealer (non private citizen) sell a firearm without a background check. Nor can a dealer (non private citizen) at walmart , nor anywhere else.
The issue as claimed is a lie, unless the actual issue they want to address is any firearm transfer, to include those intrastate between sovereign citizens of the US. And if that is truly what they want (who ever you assign to as "they") then They should just say that out loud and let the citizens voices be heard on the issue.
While at a gun show can you buy a gun from a private citizen ? YES just like you can at the walmart parking lot or my home.
However at no gun show in any state of the US can a dealer (non private citizen) sell a firearm without a background check. Nor can a dealer (non private citizen) at walmart , nor anywhere else.
The issue as claimed is a lie, unless the actual issue they want to address is any firearm transfer, to include those intrastate between sovereign citizens of the US. And if that is truly what they want (who ever you assign to as "they") then They should just say that out loud and let the citizens voices be heard on the issue.
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