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Honest Question About Gun Control Law
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Jun 16, 2022 15:29:24   #
gorgehiker Loc: Lexington, Ky
 
I do not intend to purchase a gun, but I do wish to be well informed regarding gun laws. I have never been to a gun show, nor have I attempted to purchase a gun online. I read that the "gun show loophole" allows a person to purchase a gun from an unlicensed gun seller with no background check. This raises questions for me:

How common are unlicensed gun dealers at gun shows, county fairs, etc.? How difficult is it to purchase a gun witout a background check online from an unlicensed dealer?

Does this law regarding no background checks for guns sold by unlicensed dealers vary from state to state, or is this a federal law which must be followed in every state?

Reply
Jun 16, 2022 15:56:56   #
rmalarz Loc: Tempe, Arizona
 
It's my understanding that that loophole has been closed, and some time ago.

If one purchased a gun online, the gun is shipped to a local, to the purchaser, dealer and background checks need to be passed prior to the dealer turning the weapon over to the person who purchased it.
--Bob
gorgehiker wrote:
I do not intend to purchase a gun, but I do wish to be well informed regarding gun laws. I have never been to a gun show, nor have I attempted to purchase a gun online. I read that the "gun show loophole" allows a person to purchase a gun from an unlicensed gun seller with no background check. This raises questions for me:

How common are unlicensed gun dealers at gun shows, county fairs, etc.? How difficult is it to purchase a gun witout a background check online from an unlicensed dealer?

Does this law regarding no background checks for guns sold by unlicensed dealers vary from state to state, or is this a federal law which must be followed in every state?
I do not intend to purchase a gun, but I do wish t... (show quote)

Reply
Jun 16, 2022 16:03:02   #
sb Loc: Florida's East Coast
 
I do not know the specific answers to all of your questions. I purchased a weapon at a gun show years ago - they t***sferred it to a local dealer who did the background check before I could pick it up.

Reply
 
 
Jun 16, 2022 16:03:43   #
skylane5sp Loc: Puyallup, WA
 
gorgehiker wrote:
I do not intend to purchase a gun, but I do wish to be well informed regarding gun laws. I have never been to a gun show, nor have I attempted to purchase a gun online. I read that the "gun show loophole" allows a person to purchase a gun from an unlicensed gun seller with no background check. This raises questions for me:

How common are unlicensed gun dealers at gun shows, county fairs, etc.? How difficult is it to purchase a gun witout a background check online from an unlicensed dealer?

Does this law regarding no background checks for guns sold by unlicensed dealers vary from state to state, or is this a federal law which must be followed in every state?
I do not intend to purchase a gun, but I do wish t... (show quote)

There is no 'gun show loophole'. It's a liberal media lie/fantasy/talking point.

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Jun 16, 2022 17:20:50   #
DennyT Loc: Central Missouri woods
 
I think The only time there is a background check requirement by federal government is if the gun is bought through a licensed dealer ( ffl). There is indeed a gun show loop hole. A person walks around and meets non booth sellers . No background check required

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Jun 16, 2022 18:59:56   #
rmalarz Loc: Tempe, Arizona
 
Obviously, if a person-to-person sale is made, there could be no background check. However, if the owner has registered his weapon, then it behoves that person to be reluctant to simply do a sale like this.
--Bob
DennyT wrote:
I think The only time there is a background check requirement by federal government is if the gun is bought through a licensed dealer ( ffl). There is indeed a gun show loop hole. A person walks around and meets non booth sellers . No background check required

Reply
Jun 16, 2022 22:57:28   #
skylane5sp Loc: Puyallup, WA
 
DennyT wrote:
I think The only time there is a background check requirement by federal government is if the gun is bought through a licensed dealer ( ffl). There is indeed a gun show loop hole. A person walks around and meets non booth sellers . No background check required

Have you been to a gun show lately?

Reply
 
 
Jun 16, 2022 23:35:58   #
DennyT Loc: Central Missouri woods
 
skylane5sp wrote:
Have you been to a gun show lately?


Yes

Reply
Jun 17, 2022 06:56:50   #
WNYShooter Loc: WNY
 
gorgehiker wrote:
I do not intend to purchase a gun, but I do wish to be well informed regarding gun laws. I have never been to a gun show, nor have I attempted to purchase a gun online. I read that the "gun show loophole" allows a person to purchase a gun from an unlicensed gun seller with no background check. This raises questions for me:

How common are unlicensed gun dealers at gun shows, county fairs, etc.? How difficult is it to purchase a gun witout a background check online from an unlicensed dealer?

Does this law regarding no background checks for guns sold by unlicensed dealers vary from state to state, or is this a federal law which must be followed in every state?
I do not intend to purchase a gun, but I do wish t... (show quote)


I can answer this, as I have in the past in this forum.

First, and most importantly, you will not likely find a gunshow anywhere in the US which doesn't carry Liability Insurance. Most any facility these shows might be held at, would require it of the event as a condition of providing the venue. In addition, most shows employ off-duty LEO's as part of their show security detail, and typically, as a condition of off-duty professional employement, the agencies those LEO's work for, and even the LEO's themselves, also usually require the event to carry liability insurance, which also covers them.

With that said, there are only a handfull of insurance carriers who will underwrite public events where firearms are sold. To my knowledge, as of many years ago, they all require background checks on any and all firearm t***sactions made on the event premisis during the coverage period. In addition, most every FFL selling at these events also demand that all t***sactions at the event require background checks, as it levels the competitive playing field for them.

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Jun 17, 2022 09:46:57   #
Curtis_Lowe Loc: Georgia
 
I want to know why, as it has been alleged, that if a person fails a background check, by say lying about prior felonies or current status, there are no consequences other than not getting that particular gun?

Why is this not a crime requiring prosecution?

Reply
Jun 17, 2022 10:15:32   #
Fotoartist Loc: Detroit, Michigan
 
Curtis_Lowe wrote:
I want to know why, as it has been alleged, that if a person fails a background check, by say lying about prior felonies or current status, there are no consequences other than not getting that particular gun?

Why is this not a crime requiring prosecution?


Who told you it was not a crime to lie on a federal form? Try that on a 1040.

Reply
 
 
Jun 17, 2022 11:08:11   #
WNYShooter Loc: WNY
 
Fotoartist wrote:
Who told you it was not a crime to lie on a federal form? Try that on a 1040.


Unless your H****r B***n.

Reply
Jun 17, 2022 11:26:10   #
Fotoartist Loc: Detroit, Michigan
 
WNYShooter wrote:
Unless your H****r B***n.


Narcissistic, pathological liar rats who are Democrats get exemptions.

Reply
Jun 17, 2022 12:03:14   #
pendennis
 
Curtis_Lowe wrote:
I want to know why, as it has been alleged, that if a person fails a background check, by say lying about prior felonies or current status, there are no consequences other than not getting that particular gun?

Why is this not a crime requiring prosecution?


It's a felony to falsify Form 4473 when attempting to purchase a gun. However, the reality is that ATF and DoJ prosecute very few, even when there's direct evidence of lying on the form. It's illegal to buy a gun for another individual (i.e. "straw purchase"). There's a line on the 4473 which asks this question. If you t***hfully answer "yes", then the person for whom you buy the gun, must also pass the FBI Instant Background Check.

At gun shows any more, there are strict prohibitions as to "parking lot" sales, avoiding gun show rules. In fact, I've seen the police/sheriffs called on individuals who have tried to skirt the gun show rules. And dealers are not in any hurry to try and skirt ATF rules when selling. The ATF has undercover agents who attend gun shows, and they monitor sales to ensure that ATF-applicable rules are followed. Most dealers can process the 4473 with a laptop computer, getting approval/denial on the spot, else you can fill out the form, and the dealer can call in the form details.

The operators of the gun shows also are real sticklers on folks who bring in firearms to trade or sell. They inspect weapons, and most attach a zip tie to disable the weapon. And dealers will question you, if you present them a firearm for sale or trade if said zip tie is missing.

Now, there are some sales which do not require 4473's. All muzzleloading weapons are exempt, and if a firearm was produced before 1898, those are also exempt, and neither are considered firearms by ATF rules. For instance a Colt revolver, Model 1873, is considered an antique, or relic, if produced pre-1898. The same model revolver, produced in 1899, or newer, must have the form 4473 completed if buying from an ATF-licensed dealer.

Now, in some states, sales between individuals are not subject to ATF approval, so pistol and rifle sales involve cash, no questions asked. The reasoning here is not just the 2nd Amendment; many states recognize that guns are private property, and disposal/purchase is not subject to state review.

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Jun 17, 2022 14:39:16   #
letmedance Loc: Walnut, Ca.
 
Fotoartist wrote:
Who told you it was not a crime to lie on a federal form? Try that on a 1040.


H****r B***n.

Reply
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