There IS a loophole in the gun show law that allows a seller to pose as little uncle Joe selling a gun or two, and circumvent doing background checks.
New York City sent investigators with hidden cameras to seven gun shows across Ohio, Tennessee and Nevada, and found out just how easy it is for criminals and the mentally ill to walk in and buy guns -- no questions asked.
Investigators told the private sellers that they "probably couldn't pass a background check" -- and at that point, the seller should have sent them away. Because even private sellers are prohibited by federal law from selling to those who they have reason to suspect could not pass a background check.
Instead, 19 out of 30 private sellers made the sale.
These so-called private sellers are supposed to be making only occasional sales. According to federal law, they cannot be "engaged in the business" of selling firearms. But that's exactly what investigators found. They found private sellers with large inventories doing a brisk business. In fact, one private seller acknowledged selling 348 guns in less than a year.
FACT: Gun sellers who claim to be “occasional sellers” are not required by current federal law to conduct background checks on their customers. Furthermore, there is no clear definition of how many guns a person can sell as an “occasional seller” – it could be dozens, or even hundreds.
The Firearm Owners' Protection Act (FOPA) states: 18 U.S.C. § 921(a)(21)(D), (22). Those not “engaged in the business” of dealing guns are exempt from the licensure requirement.
So, closing the gun show loophole would not punish any law abiding gun owner.
And, as citizens, we can't stop a criminal from buying an illegal firearm from the trunk of another criminal in some dark alley.
But, that's where the criminal
should be forced to buy a gun. In a totally illegal setting, with all the inherent dangers that come with it. BUT, our current laws sanction criminals being able to walk into a gun show, receive expert advice, discounts, then buy whatever weapon(s) they desire without a background check or having to pay black market prices or risk the dangers of buying a weapon from another criminal in a dark alley.
Here is some info on the loophole...
What is the gun show loophole?
Federal law allows people who sell guns to avoid running background checks or keeping records by calling themselves occasional sellers, and these sellers often congregate at gun shows. The loophole provides criminals with easy access to firearms without having to worry about any background checks.
- Current law requires licensed gun dealers to conduct background checks, because that is the only way to determine whether a person is eligible to buy a gun. Licensed dealers must also keep records about the buyer so ATF can trace the gun if it is recovered at a crime scene.
- The law does not, however, require so-called occasional sellers to do these checks – and there’s no clear definition of what qualifies as an occasional seller.[ii]
- Many sellers at gun shows abuse that loophole by calling themselves occasional sellers. Because they concentrate at gun shows, it is easy for felons and other prohibited possessors to find someone who will sell to them without a background check.
...........*ATF concluded that “gun shows and flea markets are a major venue for illegal trafficking.”[iii]
- Gun shows linked to the Pentagon Shooting: In March 2010, John Bedell – who was prohibited by law from possessing guns – shot two Pentagon police officers with a gun purchased from a private seller at a Las Vegas gun show.
- Gun shows were tied to a broad range of violations, including straw purchases and the sale of kits to convert legal guns into illegal machine guns.
Solution: Require occasional sellers to run instant background checks.
