I am wondering if the Federal Firearms Law(s, there are many) Loophole which states (and this may be pieced together from different laws, but I believe this is true:)
"Sales or Transfers of Firearms between Private Individuals that are not Licensed FFL Holders, namely those that are not Actively Engaged in the Business of selling or dealing firearms, may transfer or sell a firearm to a Private Individual that is not an FFL holder that is also not Actively Engaged in the Business with no provision of a record check required."
This, I believe, is what got a lot of people in an uproar because the idea was that "Anyone can go to a Gun Show and buy whatever they want." The reality is, however, that 95% of the people at a Gun Show are licensed FFL holders, and ATF and Police are there to enforce those sales, and process Form 4437 for those sales from FFLs….
… However, gun people also pointed out that making laws for Gun Shows was silly, since the above "Cash-and-carry Private Non-FFL Citizen to Private Non-FFL Citizen" sales were legal in the parking lot.
I want to know if this loophole is still in effect. If it is, I have a ray of light for my situation, and have a way to (as legally as possible) achieve my goal of my 2nd Amendment Right, without breaking (one of the) Federal laws. There are many, but as far as I know, this clause has not yet been closed.
I also wondered at one point if it only applied to sales of Long guns… I know someone knows the answer to that too.
Thanks, I surely do appreciate the info.
PS: I am asking so that I can be as informed as possible, some of you know my previous posts. I am not the type to give up. Thanks.
* Added info, 2 minutes ago: This info is directed to John T. Mr. John T, I tried to mail you but you do not allow that…
I thank you for reading my other posts. I am glad you understand what I am getting that. I even tried to allude to it in my posts that there are different Federal laws, and that this one I have questioned is how I will have to obtain my weapon. I do also know that getting caught with it is my butt. I thank you for seing this, and I wanted you to know I appreciate your, the first poster’s, and all the other person’s info.
I must wrap it up with this: NJ is trying to remove the rights of people -nationwide- to own firearms. I can not let my rights be stramrolled. I have joined the NRA today, and will be pursuing expungement, rights restored, and a possible Constitutional challenge to the gun laws of NJ. As far as me possessing a Firearm, I am about to go to a Gun Show in Texas. It appears I do not even need ID for the private sales.
& No Loophole. I am pro-gun. JC
Related posts:
I cannot answer for other states, but I can answer about my state, which is Texas. I believe it’s true of most other states also. You are correct. There are no laws regarding the sell of firearms from person to person. From a dealer, there is. Buy from a dealer and you will have to have a background check performed and other transfer paper to fill out. There isn’t from a person to person to sell. Obviously the reason for this is because a private citizen doesn’t have the capability to perform a background check on someone else. I’m assuming that anti-gunners would love to see a law passed that ALL gun sales had to be made thru a FFL dealer, but as of now that is not the case.
Also, please stop calling it a "loophole". That is a term thought up by the anti-gunners to make it appear as though gun buyers are doing something nearly, or almost illegal. It’s not a loophole, it’s a legally allowed transaction. You can do it in the building itself (that the gunshow is in) right under the eye of 100 police persons and it’s completely legal!!!!! Some people only prefer to go to the parking lot to purchase because in the building all guns have to have a plastic band ran up thru the reciever / barrell, or place the magazine fits in order to prevent to dummy from placeing a round into the gun. People sometimes go to the parking lot in order to remove this band and make sure the magazines fit and also so they can slide the slide back and forth to make sure everything with the gun is tight and so on. This is legal too. For safety though they cannot do it in the building. There are NO loopholes. They are legal. Say for instance at the end of the yr when we all do our taxes. Is it a loophole to claim your chidren as dependents? NO. It’s legal. It’s not a tax loophole.
All sales that take place thru a FFL dealer regardless of the type of gun (long or short) involve a background check and paperwork (transfer of ownership). If the sale is person to person then no background check or transfer of owership is necessary (on long, or short guns).
It appears that the allowance still exist, but many state or local laws may forbid it. For example the federal law allows those who can not purchase a "firearm" to buy a muzzleloader as long as it must be loaded from the barrel, but if your down in Fl, the state law forbids it if your a felon.
I read your other posts and think I have an understanding of your problem. You entered a guilty plea for a minor felony and as a result you have lost your rights to own firearms. There is no loop hole that allows you to legally own a firearm. It is true that most states allow individuals to purchase firearms from other private individuals without a background check, but doing so would mean that you have illegally obtained a weapon. If you were to be caught with this illegally obtained firearm you are then in real trouble.
You need to do what you have seemed reluctant to do, hire an attorney. I seriously doubt your rights to own a firearm will ever be restored; but for you to have any chance at all will mean hiring a lawyer.
ok,, in the state of tn. it is legal to buy private sale,,,ok gun show ,,um you have what are termed spotters whom buy your gun off premise or sell,,, it is a little if ee i was surprised my self a day ago when i went to get a rifle at walmart and was told 25 in backgrond check fees so i left the place,, with a bunch af ammo,, ok thanks
Gun Control In The Bailout Bill
Posted by SOF Editor on February 11th, 2009 1 Comment Printer-Friendly
The Obama administration is putting a lot of pressure on Congress to slam through the most recent $800+ billion bailout package before anyone has an opportunity to read it.
The Obama administration intones that the details are unimportant. The only thing that matters is the “bigness.” And, by shipping a bill of nearly $900 billion (plus interest) to our children and grandchildren,
the package is really, really big — bigger, in fact, than the budget of our entire government for the first 170 years of our country’s existence.
But now that some of the details are finally starting to leak out of Washington, Gun Owners — and a lot of other analysts — are beginning to look at the fine print. And some of it is particularly scary.
Of particular concern to gun owners are sections 13101 through 13434 of HR 1, which would set up the infrastructure to computerize the medical records of ALL AMERICANS in a government-coordinated database.
True, the bill doesn’t mandate that the data will be in a giant computer under the Oval Office. But it does mandate that your medical records be reduced to a computerized form which is available to it in a second.
This it would do by establishing a National Coordinator for Health Information Technology — tasked with, among other things, “providing information to help guide medical decisions at the time and place of
care.”
It should be scary enough that a government bureaucrat is directed by statute to try to influence your doctor’s decisions with respect to your medical care.
But of even greater concern to gun owners is the fact that a government-coordinated database (which government can freely access) will now contain all records of government-provided and private
psychiatric treatment — including, in particular, the drugs which were prescribed.
Remember last year’s “NICS Improvement Act” — otherwise known as the Veterans Disarmament Act? This law codified ATF’s attempts to make you a prohibited person on the basis of a government psychiatrist’s finding that you are a “danger” — without a finding by any court. Well, roughly 150,000 battle-scarred veterans have already been unfairly stripped of their gun rights by the government.
But people who, as kids, were diagnosed with Attention Deficit Disorder… or seniors with Alzheimer’s… or police with Post-Traumatic Stress Disorder… or people who are now theoretically covered by the new law… these people have, generally, not suffered the consequences of its sanctions — YET. And the chief reason is that their records are not easily available to the government in a central, easily retrievable, computerized form.
The bailout bill would change all of that. It would push increasingly hard to force your private psychiatrist or government-sanctioned psychiatrist to turn over your psychiatric records to a massive database. This would be mandated immediately if your doctor does business with the government.
This would supposedly save Medicare money in connection with medical treatment. And, the sponsors insist, they would work very hard to protect your privacy.
But this turns the concept of “privacy” on its head. The privacy which is MOST important is privacy from the prying eyes of government — not privacy of government data against the prying eyes of others. After all, many government data bases have been hacked in recent years, with mountains of information stolen.
So, once the government has access to these computerized psychiatric records, the stage will be