Is the gun show loophole a myth?

LTC Ed Ross — Mon, 13 Jul 2015 15:52:27 -0400

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.

Response by LTC Stephen F. made Jul 13 at 2015 4:00 PM

LTC Stephen F. — Mon, 13 Jul 2015 16:00:52 -0400

I think that the Gun show loophole is a myth LTC Ed Ross . Background checks are required for buyers and sellers as far as I know. By the way I live in northern Virginia which is generally gun-friendly in the counties east of Alexandria, VA especially in Loudoun County where I live.

Response by PFC Ray C. Scheesley made Jul 13 at 2015 4:05 PM

PFC Ray C. Scheesley — Mon, 13 Jul 2015 16:05:38 -0400

I live in NY State...it's not a myth here. In fact, if you even LOOK at certain firearms at a Gunshow, you go to jail. All kidding aside, the loophole about gunshows is nothing more than anti gun media hype. Especially in this State.

Response by Sgt Aaron Kennedy, MS made Jul 13 at 2015 5:12 PM

Sgt Aaron Kennedy, MS — Mon, 13 Jul 2015 17:12:06 -0400

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.

Response by SGT Richard H. made Jul 13 at 2015 6:37 PM

SGT Richard H. — Mon, 13 Jul 2015 18:37:37 -0400

I can't categorically say it's a myth, but I think it's darn close. At the very least, it's grossly overstated.

Response by MAJ Private RallyPoint Member made Jul 13 at 2015 8:29 PM

MAJ Private RallyPoint Member — Mon, 13 Jul 2015 20:29:43 -0400

I am a FFL LICENSED gun dealer, its a myth

Response by SGM Erik Marquez made Jul 14 at 2015 6:53 AM

SGM Erik Marquez — Tue, 14 Jul 2015 06:53:00 -0400

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.