Can someone explain the "Gun Show Loophole?"

[John BigBootay]

I want to know what they're talking about when they say they want to close it. Here in CA there is a mandatory 10 day (2-week) waiting period for any and all firearms sales. How do gun shows skirt this law?

Thanks!

[ret5hd]

1. essentially, ...

a private citizen gets a booth at a gun show, sets up a table and sells and/or buys guns from/for his private collection.

It is my opinion that those that want to close the "loophole" are essentially saying that private citizens shouldn't be able to sell or give their guns to another private citizen.

disclaimer: i own a .22 rifle, and an old double-barrell shotgun, that i keep unloaded in a house w/ no children. I am far from what most (but not all) would consider a gun-nut. I target practice and shoot a few clay pidgeons once or twice every few years with them, and try to keep them in a clean and safe condition.

[John BigBootay]

4. So a non-business gun owner can sell...

his collection at a gun show and the buyers DO NOT need to do a background check?

Is that correct?

[ret5hd]

5. correct, because he is a private citizen...

...not a licensed dealer...

selling and/or buying from another private citizen...not a licensed dealer.

[John BigBootay]

8. Is this true for all states?

Or does CA have state laws that make this illegal? I am asking because I am looking at the registration info for a gun show that reads:

1.  Seller's Permit:  California state law requires a valid California Seller's Permit for each and every person or company who sets up at Crossroads shows.  If you do not have a regular Seller's Permit you may obtain a Temporary Seller's Permit at any California State Board of Equalization Office.  We can provide you with the address and phone number of these offices. 

I do not know what is entailed in obtaining this permit-- or what conditions this imposes upon the seller/buyer.

Any ideas?

[ret5hd]

10. don't ask me about all states...merely stating what i believe...

to be true at the federal level.

i haven't bought or sold a gun, or even been to a gun show in 15 yrs, so any of my info may be outdated.

[NickB79]

13. Not entirely true

A person without an FFL (federal firearms license) can only sell a certain amount of guns per year before it's considered a business and would be considered illegal without a license. I believe the number is like 25 guns/year or so? At this point s/he either needs to stop selling guns or get an FFL license in order to not violate federal laws.

[GOPisEvil]

2. Basically it means operating a business (at a gun show)...

...but selling weapons as a "private collector". Guns sold person to person are not subject to the waiting period or background checks.

[dae]

6. Yep, that's it. Dealers/sellers don't have to wait for background

checks at Gun Shows.
Welcome to DU.:)

[ret5hd]

7. i believe you are incorrect...if you buy from a licensed dealer

at a gun show you will have to wait for the background check

[dae]

9. It depends on how they handle they transaction. If it is a "personal"

weapon or wharever. All I know is I have friends that buy from dealers and come back with their purchases.

[middleoftheroad2]

11. Not correct

All FFL holders must perform the NCIS check (and possibly other things depending on the state).

Person to person sales are excluded, whether they occur at gun shows or through an ad in the paper. Anyone who seels guns as part of their business or their personal income is required to hold an FFL.

I have always thought it is a very disingenuous terminology. It seems to imply that dealers can sell guns under different rules at gun shows. That is simply not true.

[John BigBootay]

12. Okay-- I think I have it figured this way...

1. Person-to-person sales DO NOT require a federal background check.

2. SOME gun shows MAY allow person-to-person sales at the show.

3. Some (perhaps most or all) gun shows prohibit person-to-person sales at their shows. See my above post that references the Crossroads of the West rules regarding all sellers to have a temporary or permanent license to sell.

4. The "Loophole" is in fact the prospect that people may buy guns from a non-licensed seller at a gun show that does not prohibit such transactions.

It seems that ALL gunshows should voluntarily prohibit the sale of guns by non-licensed sellers. Right?

But this WILL NOT apply to person-to-person sales that occur outside of the gun shows. Right again?

Does the legislation seek to curtail these sales as well, by requiring federal background checks amongst private citizens who sell guns at an estate sale or some other informal setting?

[Xithras]

3. It's private sales

The federal background check laws only apply to transactions that take place at licensed dealers (which account for about 90% of gun sales) but don't cover private transactions. If I wanted to sell (or give) my .38 revolver to my uncle Bart, for example, it doesn't fall under federal jurisdiction because we aren't businesses and therefore don't fall under the auspices of the commerce clause. By that same token, most sellers at gun shows aren't businesses either...they are private collectors looking to buy more guns for themselves or sell off some of their excess (think of them as "firearms flea-markets"). Since it's still considered a private person-to-person sale, federal law doesn't apply.

Most of the anti-loophole laws that have been proposed so far simply redefine gun show sellers as "businesses" to make them require background checks. This still wouldn't do anything about private party transactions (which is where most of the illegally used "loophole" guns actually come from).

Oh, and California law is stricter than federal law in that it requires background checks on ALL firearms exchanges. While there are no waiting periods if you buy at a gun show, there IS always a police booth present with officers standing by to perform background checks as needed. Whenever a buyer wants a gun, both he and the seller are required to walk over and do an instant check. To me, it's a reasonable compromise.