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Myth BUSTED: The Gun Show ‘Loophole’ is a Giant Distraction

Courtney Kirchoff  Thursday December 10 2015

GunShowLoopholeMyth

After every mass shooting that doesn’t involve a black shooter (like all of Chicago or gay and black Vester Flannigan), leftists drag out their arsenal of anti-gun ideas, in hopes of finally stripping Americans of their Second Amendment right. One favored weapon in their war chest is the “gun show loophole.” If you listen to leftists, this is what the gun show loophole is:

Anyone can go to a gun show and purchase a gun from a seller without a background check. Therefore, according to leftists, gun shows are filled with criminals looking to evade the law. It’s a gun-buying free for all, filled with hicks, nuts, racists and anarchists.

DeerHunter

But is that perception true? Eh, not really. When I say “not really” I mean no. Shouting through a bullhorn ala Reverend Sharpton no. Here’s the trick, though: liberals mislead on what the gun show loophole actually is.

This is how CNN defined it in a recent article about Hillary Clinton:

Under current law, gun buyers are allowed to purchase weapons from private “occasional” sellers without background checks.

In my researching frenzy, I found that to be true. The catch is how we define “private, occasional sellers.” Clinton, Obama, Harry Reid, Diane Feinstein and your neighbor who threw eggs at your car for daring to slap an NRA bumpersticker on it, all believe that every seller at a gun show is a “private, occasional seller.” But they’re wrong. Perhaps because they’ve never been to a gun show in their entire lives, or because they just don’t care about facts. Knowing leftists like I do, I’ll go with both.

JeffGoldblumThereItIs GIF

Here be some facts, yo. From the Cato Institute:

Since 1938, persons selling firearms have been required to obtain a federal firearms license. If a dealer sells a gun from a storefront, from a room in his home or from a table at a gun show, the rules are exactly the same: he can get authorization from the FBI for the sale only after the FBI runs its “instant” background check (which often takes days to complete). As a result, firearms are the most severely regulated consumer product in the United States — the only product for which FBI permission is required for every single sale.

Most people selling guns at a gun show are gun dealers. All the same rules and regulations apply to gun dealers. Got it? Not that they matter to people who are allergic to facts, but here are some more about guns from gun show purchases, also from the Cato Institute:

According to an NIJ study released in December 1997 (“Homicide in Eight U.S. Cities,” a report that covers much more than homicide), only 2 percent of criminal guns come from gun shows.

That’s not very many. But two percent for leftists warrants more attention than that. Relevant side note: the homosexual population is less than two percent. Look at how the left via Hollywood and the media blew THAT out of proportion. Okay, now back to guns:

That finding is consistent with a mid-1980s study for the NIJ, which investigated the gun purchase and use habits of convicted felons in 12 state prisons. The study (later published as the book Armed and Considered Dangerous) found that gun shows were such a minor source of criminal gun acquisition that they were not even worth reporting as a separate figure.

(Of course some criminal gun acquisition at gun shows is perpetrated by “straw purchasers” who are legal gun buyers acting as surrogates for the individual who wants the gun. Straw purchases have been federal felonies since 1968.)

As someone who’s been to a gun show before, let me describe the scene: picture a giant room, sometimes a convention center. Usually you have to pay to enter the show. The last show I went to, I had to show I didn’t have a gun (for reasons that are self-explanatory). Vendors at the show sell more than just guns. A lot of vendors sell books, accessories (holsters, belts, conceal carry purses, food, etc.). Since this is a capitalistic enterprise, vendors have to pay up to sell their goods at the show.

FuturamaMoney GIF

“Is that a RUGER MINI-30!!!???”

 

Which means gun shows are a horrible place for “private, occasional sellers,” which is what the “gun show loophole” is referring to. From The Washington Times:

Gun shows aren’t the equivalent of the Wild West. The vast majority of vendors at the shows are fully licensed dealers who must run the FBI check at the time of sale. What the gun grabbers are really after are transactions between private individuals trading or selling their personal property.

Let’s switch up commodities for a second. A car dealer is someone who sells a crap ton of cars in a year. It’s what he does for a living. A private seller is that guy who sells you his old El Camino for $200 bucks. You probably shouldn’t buy it. Have some pride. He doesn’t sell cars all the time, in fact he may only sell one or two cars in his life. That’s the difference between a dealer and a private seller. The same applies to a gun. Walk into a gun show and you’re going to encounter gun dealers. But your grandma who’s selling her late husband’s Colt isn’t a dealer. She can sell or give the Colt without running a background check. Because she’s a private, occasional seller.

SneakyBitch gif

Review: vendors at gun shows are primarily gun dealers for obvious reasons (makes no financial sense for someone to sell at a gun show if they’re not selling large quantities of guns). They have to run a background check. That’s the law. So stop harping on about it. We’re sick of it.

Depending on your state’s law, a private individual can sell a gun to another private individual.

That’s it. But here’s the takeaway: criminals, by definition, do not obey the laws. So someone who clears a background check can be a “straw purchaser” and give the gun to his crap weasel friend who wouldn’t have passed a background check. There’s not a single law you can put on the books that a criminal cannot get around. Heck, we outlawed murder a long time ago. Let’s talk about how well that worked out. Your neighborhood hoodlum will laugh at your laws as he splutters away in the El Camino.

Which is why good guys need their guns.

~Courtney Kirchoff

Comments
  1. Dave December 11, 2015 at 1:35 am

    The main reason that the extremists in our country are the way they are is because critical thinking is no longer taught. This is why far left wackos keep screaming about gun control and far right wackos keep screaming about government conspiracies.

    I don’t seeing it getting any better in my lifetime (whatever is left of it).

  2. Dave December 11, 2015 at 10:17 am

    So when someone buys a gun at a gun show, how do they pick it up after the background check is done? Does the dealer mail it to them or something?

    • Eric Schenker December 11, 2015 at 2:31 pm

      You need a permit to take a gun home from the gun show

    • Chris December 11, 2015 at 11:51 pm

      I know here in FL the gun is mailed to a local storefront gun shop with your paperwork. You can then pick up for gun there after the required waiting period.

    • Greg Williams January 2, 2016 at 9:35 pm

      In NC you have to either have a concealed carry permit or a purchase permit purchased from the county sheriffs office. Either take weeks / months to acquire and full background checks are performed. Now, that is for handguns only. Rifles and shotguns can be purchased same day but they still check you out, but I’m not 100% sure how extensive that check is. But I want to say they perform an online criminal history check which can be performed within minutes.

    • Randall Culp January 3, 2016 at 1:37 am

      Mr Metford, the federal law places no limits on annual private sales. In 2009, a limit was proposed but never enacted. Currently the federal guideline is the “occasional” seller (whatever that means). Under federal law you could inherit a houseful of firearms and sell them all. However, laws are different in different states, and some state like California may have such a limit within that state.

    • Russell April 29, 2016 at 2:24 pm

      I live in Missouri we don’t have a waiting period anymore an instant background check I’ve never had one take more than an hour so you just go over to the snack area have something to drink and wait and then go get your gun

    • Nick May 25, 2016 at 11:09 pm

      In my area they have the weapon sent to a gun store of your choice and you do the background check and pickup the weapon there.

  3. Eric Schenker December 11, 2015 at 2:28 pm

    In Florida the only way to walk out of a gun show with a gun is if you have a concealed carry permit.

    • [email protected] January 3, 2016 at 8:56 pm

      If the gun had the slide removed and put in to a box and stored in the back of your car you will not run a foul of concealed carry laws

    • Jarrod January 7, 2016 at 9:41 am

      Unless it a Long Gun, then you are free to go.

  4. 68Vet December 11, 2015 at 2:33 pm

    There is 1 way and only 1 ways to pick up a gun bought at a gun show from a dealer. If the state allows same day purchase and delivery of a gun, then just like at a store an FBI background is run and the purchaser can take the gun home. If the state the gun show is in does not allow same day purchase and delivery, the buyer has to go to the store and pick it up after the background check and required waiting time. The final scenario is after the gun is purchased it can be shipped to a FFL (federal firearms licensed dealer) usually for a fee and pick up the gun from them.

  5. Lee Metford January 2, 2016 at 8:43 pm

    Under federal law, an individual can sell up to three firearms per year through private sales. If an individual wanted to purchase a table at a gun show and sell a large number of firearms through private sales, they would be violating federal law and would be subject to arrest and prosecution. ATF agents are known to attend gun shows looking for violations. In my travels, I have never run across anyone that desperate or foolish at a gun show.

    • Bryan January 6, 2016 at 11:30 pm

      Lee you are so wrong! The federal government currently has no restrictions on the amount of guns that are allowed to be sold by a private individual. There may be some states that regulate the amount of guns sold by a private individual but not the Federal Government.(yet)

      As far as guns purchased through a FFL holder at a gun show, every gun I have ever purchased, and there have been a lot, went home with me the same day.
      It amounts to selecting the gun you want to purchase, fill out the paper work and pass the NICS check, pay the seller and head for home.
      At least that’s the way it works when you live in a state that respects guns rights and are not over run by tree hugging liberals.

      • Kelly June 29, 2016 at 11:56 am

        Politifact, now that’s a center-leaning, unbiased site. Almost as reliable as the even more unbiased Snopes. On a side note, why don’t we close the black market loophole? The stolen weapon loophole? Oh that’s right, because we are only focusing on already law abiding citizens and not on criminals!

  6. Steven Dawkins January 2, 2016 at 10:47 pm

    The more i read the comments here the more I’m glad I live in West Virginia. Here in WV if you buy a handgun at a gun show then you can take it home with you. As already mentioned most sellers are FFL holding gun dealers so the NICS background check has to be passed. In some cases the FBI will delay giving an answer so in those cases you can not take the weapon home until a release is given from the FBI. Once the NICS check is passed there are no requirements for transporting the firearm other than the federal transportation guidelines which require that the gun be stored away from the drivers compartment and not be loaded. Any ammo needs to be stored separately from the handgun. I have attended many gun shows and I can not ever remember seeing an occasional seller

  7. J Willis January 3, 2016 at 12:05 am

    How many of you ACTUALLY understand “SHALL NOT BE INFRINGED”, raise your hands…?
    That’s what I thought.
    Stop kowtowing to the anti-gun idiots with these recitations of how we’re good little subjects who follow the rules and regs to the letters. It just makes it appear that they have the moral high ground, and it serves to normalize the idea that FREE MEN have to jump through government hoops in order to own a weapon.
    We’re not serfs, for god’s sake. At least I’m not, anyway.

  8. Momastocks January 3, 2016 at 12:06 am

    Wait, my husband and I went one in pensacola they automatically ran background check.

  9. Tom January 3, 2016 at 9:25 pm

    Here is something to throw at an anti-gunner: If you look at the number Automobiles are more dangerous than firearms! There are less Automobiles than guns but yet cause more loss of life than firearms!
    The Congressional Research Service put the number of civilian firearms ownership in the United States at 310 million back in 2009: 114 million handguns, 110 million rifles, and 86 million shotguns.
    There are roughly 32,000 gun de a ths per year in the United States. Of those, around 60% are suicides. About 3% are accidental deaths (between 700-800 deaths). About 34% of deaths (just over 11,000 in both 2010 and 2011) make up the remainder of gun deaths and are classified as homicides.
    The number of vehicles registered in the United States from 1990 through 2013. Some 256 million vehicles were registered here in 2013. The figures include passenger cars, motorcycles, trucks, buses, and other vehicles. U.S. vehicle registrations.
    A total of 32,719 people died in motor vehicle crashes in 2013.

  10. Grumpygunny January 3, 2016 at 9:48 pm

    I live in Illinois so there is no trouble with gun shows here. There aren’t any.

  11. Locam January 3, 2016 at 11:38 pm

    Yup, we need to ban personal vehicles….too many deaths!

  12. Mariann's musings January 4, 2016 at 12:18 am

    Really folks. Stop trying to talk yourselves into thinking there is no loophole for purchasing a gun. Come on down to South Western Wi, we let anyone have a gun. We don’t call them gun shows, we call them auctions! We don’t care who you are, we’ll give ya a gun! The loophole is real and we need to tighten gun laws for all law abiding citizens. We live in a civilized society where we have civilized laws.

    • Dan January 4, 2016 at 10:11 am

      Marianns, you’re full of it. An auctioneer is required by federal law to be a licences dealer to sell firearms.. So, there will be background checks..

      • Bryan January 6, 2016 at 11:39 pm

        Dan it depends on the type of auction sale. If the auction is an estate sale where they happen to be selling the individuals private gun collection along with the rest of the estate no FFL or NICS checks is required. But if it is an auction of just guns for the sole purpose of selling guns for profit, all FFL rules apply.

    • Wayne January 4, 2016 at 9:34 pm

      Move to Cuba you don’t belong here

  13. Casey Piatt January 4, 2016 at 4:08 am

    Here is Arizona we have concealed carry for everyone. There is no permit required to carry a concealed weapon at any time. Buying from a gun show…no problem..you go in …find the weapon you want…pay your $$ and go home…after you get ammo of course.

  14. Brent January 4, 2016 at 10:38 am

    Imagine if you can a world where criminals were actually severely punished for committing a gun crime. What a beautiful world that would be.

  15. T Skool January 7, 2016 at 10:44 pm

    http://www.politifact.com/truth-o-meter/article/2016/jan/07/politifact-sheet-3-things-know-about-gun-show-loop/

  16. john January 22, 2016 at 4:22 am

    I just was reading online about some stuff and it said like only a few states do background checks at gun shows and Pensacola is not one of them and if anybody knows??? Are background checks required to buy shotguns in Pensacola fl????

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