The “Gun Show” Loophole: Fact or Myth?

Myth 1: The gun show loophole allows anyone to simply buy a gun at any gun show.

Myth 2: The gun show loophole doesn’t exist and is completely fabricated.

Fact: In most states, private sellers (unlike federally-licensed dealers) aren’t required to conduct background checks. The transaction doesn’t have to be at a gun show and therefore, what’s being labeled as a loophole isn’t specific to gun shows. Nevertheless it’s indeed possible to legally purchase guns without a background check in most states. A more precise label would be “private seller loophole.”


Clearing the Chamber on misleading semantics

Is the gun show loophole real?  The debate seems largely grounded in semantics.   For example, “the private seller loophole” would probably be a more accurate name (because private sellers aren’t under the same standards as federally-licensed firearm dealers).  Hence, many political pundits and authors purporting to expose “the gun show loophole myth” focus on the idea that the loophole is specific to gun shows (and that it applies to gun shows everywhere).  Arguably this is a straw man depending on how important one considers the semantics.

Nevertheless, these private sellers/occasional dealers often sell specifically at gun shows and this is likely WHY it’s been named so.  It’s important to note that the loophole doesn’t exist in states that have gone further than the federal law and have effectively rendered the loophole non-existent in that state.

From Governing.com

Known as the “gun show loophole,” most states do not require background checks for firearms purchased at gun shows from private individuals — federal law only requires licensed dealers to conduct checks.

Under the Gun Control Act of 1968, federal law clearly defined private sellers as anyone who sold no more than four firearms per year. But the 1986 Firearm Owners Protection Act lifted that restriction and loosely defined private sellers as people who do not rely on gun sales as the principal way of obtaining their livelihood.


From Politifact

“There is a huge loophole in federal law, but it isn’t for gun shows,” UCLA law professor Adam Winkler said. “What is called the gun-show loophole is misnamed. It should be the ‘private sale loophole’ or the ‘background check loophole.’ … The reason people talk about gun shows is that they are easily accessible marketplaces for people who don’t want to be subject to a background check to find non-licensed gun sellers.”

From SmartGunLaw.com

According the U.S. Department of Justice, because federal law does not require universal background checks, “individuals prohibited by law from possessing guns can easily obtain them from private sellers and do so without any federal records of the transactions.”2 “The private-party gun market,” one study observed, “has long been recognized as a leading source of guns used in crimes.”3 Although the private sale loophole is frequently referred to as the “gun show” loophole (because of the particular problems associated with gun shows), it applies to all private firearm sales, regardless of where they occur.4

More info from Media Matters

Consequently, unlicensed sellers may sell firearms without conducting background checks or documenting the transaction in any way. In addition, because federal law does not require private sellers to inspect a buyer’s driver’s license or any other identification, there is no obligation for such sellers to confirm that a buyer is of legal age to purchase a firearm. As a result, convicted felons, minors and other prohibited purchasers can easily buy guns from unlicensed sellers.

According to a 1999 report issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the current definition of “engaged in the business” often frustrates the prosecution of “unlicensed dealers masquerading as collectors or hobbyists but who are really trafficking firearms to felons or other prohibited persons.” A June 2000 ATF report found that unlicensed sellers were involved in about a fifth of the trafficking investigations and associated with nearly 23,000 diverted guns.

From About.com

“In 33 states, private gun owners are not restricted from selling guns at gun shows. Buyers who purchase guns from individuals are not required to submit to the federal background checks in place for licensed dealers. Critics say that firearms can be obtained illegally as a result, calling it the “gun show loophole.” Proponents of unregulated gun show sales say that there is no loophole; gun owners are simply selling or trading guns at the shows as they would do at their residence.”

 

Louder with Crowder Video “exposing” the “gun show loophole myth”

Other attempts to portray the gun show loophole as a myth have included videos of people unsuccessfully trying to randomly buy guns (often in a silly and provocative manner) and with no indication of whether the potential seller is a federally licensed seller (in which case the loophole would not apply).  The video even has Crowder quickly running into an actual gun store and asking if he can quickly purchase a gun.  As the gun store is clearly not part of a gun show its unclear how this supports the video’s allegation that the gun show loophole is a myth.

This video is understandably convincing to those who believe the term gun show loophole somehow means that anyone can visit any gun show and purchase a gun with no background check.  This is clearly not the case.  The loophole only exists in states that allow private sellers to sell without a background check, and even then the seller can certainly choose to only sell to a buyer who undergoes some sort of background check.  As in most viral “gotcha” videos, such context and explanation is missing, and there is no attempt to explain the issue the video alleges to address.

Read More on the Gun Show Loophole

 

 

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