Help me understand the Gun show loophole. From what I understand, an individual can sell their weapons at a gunshow without running a backround check. Does this also mean they can sell their weapon without needing to go through a person/business with a Federal Firearms License to complete the transfer?
In other words, can I sell a Glock Pistol to somebody who says, "Hey, I’ll give you 0 bucks for that Glock", and just take the money, give them the gun and call it a day? No paper work, no checks, no license, no nothing? Is that the Gun Show Loophole?
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Pretty much. Basically, unless your state laws prohibit/regulate private transfers of guns, private individuals (who don’t have a FFL) can sell guns to other private individuals without a background check, paperwork, etc…
Of course the same thing can happen at a flea-market, swap-meet, or through a classified ad in a paper. So its not really fair to call it a "gun-show" loophole since the same sorts of private transfers are unregulated outside gun-shows…
If your state doesn’t require private sales to go through a FFL or require you to keep any records of the sale, yes.
If you can legally make a private sale in your state at your home or at the rifle range you can do so at a gun show to.
THERE IS NO GUN SHOW LOOP HOLE!…..at least I dont think there is……is there?
In some states you can. The gun show loop hole are LACK there of is a FARCE………
Its no different than some individual selling his gun in the paper or at a flea market or a friend. Gun shows are where people meet. As a private individual you can buy,sell,trade your guns to others in many States……not all.
The Media and Liberals and gun grabbers have over blown the whole issue.
Pretty much depending on your your state and local laws….that and the neither person has an FFL. The problem with closing this supposed loop hole is that law could be used restrict private sells in general.
Well..
This depends on your state. In some states all sales, including sales between private parties, are required to be processed through a licensed FFL. Those states have high crime rates.
In other states, you can buy and sell guns just like any other personal property. You don’t have to go to a gun show to sell one, you can just put an ad in the paper, or peg it up on a bulletin board at the market. The transaction can take place anywhere. Most of those states have low crime rates.
yes. its a private sale
first of all, if u did sell that gun to the other person, authorities would not know if you bought that or not and it doesn’t really matter, gun registration is pointless as it is hard to tell whether a gun is yours legally or stolen, only way ppl could tell is if EVERY weapon was registered but that is not feasible.
Second of all, if your state doesn’t require you to sell only to FFL license holders, then you can sell it if you want.
Now on the internet, I think there’s a federal law or some type of law that says you have to sell firearms to a FFL holder but ammo you dont have to, not sure but you can always double check on this one.
As for that football guy that was shot and was thought to have been shot by his girlfriend, the convict that sold him the gun got in trouble not bc of having a FFL license, but because he was a FELON and at that time he was not suppose to carry a firearm. many of the answers here are good
It’s not really a loophole as it only involves private sales. It is like selling any other peice of property. There is no need to go through a backround check or the NICS.
So your example is pretty much right on.
I will not automatically assume you wan’t to close this "loophole" but this is lawful activity. It’s just certain tight assed politicians and bigots want legislation in place to shut down gun shows. They want a paper trail and to destroy a big gun culture get together.
There is no gun show loophole. Federal law allows individuals to sell firearms without a background check and no mechanism has been put in place for an individual to run a background check on someone wanting to purchase a firearm from them. You can make the sale at your house, their house, a Walmart parking lot, a church parking lot, or gunshow. When licensed dealers sell firearms to individuals, they must do a background check. It doesn’t matter whether they sell it at their shop or at a gunshow. Some states require private sales between individuals to go through a licensed dealer.
Yes, it’s exactly like buying a firearm from your neighbor or a co-worker, and that’s what proposals to "close the loophole" are all about: stopping all private sales.
This question has already been answered, but I figured I would chime in and mention that it is illegal to sell your gun to someone who doesn’t live in the same state that you do.
To put it another way, The BATFE is regulating interstate commerce, and as long as you are selling to someone that lives in the same state you do, they aren’t involved in the transaction. Of course, your local laws may apply.
Whoops! A little misinformation crept in again. The same-state rule applies to handguns, not rifles or shotguns. At least at the federal level. As everyone has already said, your state laws really govern gun show and other private transactions. California requires a Dealer Registry of Sale (DROS) for every firearm transaction, other states have complex permits and whatnot, especially for handguns.
As it stands right now, the federal government has barred those who don’t hold a federal firearms license from accessing the NICS system, so there is no way for a private transaction to be cleared. So the current law basically ignores them whether the sale takes place at a gun show or not. The "gun show loophole" is a term dreamed up by the anti-gun crowd who might have trouble getting folks riled up over "private transaction."
If you’re selling your Glock, or any other gun, especially a handgun, it’s always a good idea to ask the buyer for a driver’s license or other state or government-issued photo ID to make sure the buyer is of legal age and residency to buy your gun. There have been cases where careless sellers have been set up and gotten into trouble for unwittingly making an illegal sale. If the buyer hesitates (as some here probably would), you’re best advised to refuse to sell the gun.
One more thing: if the person who selected the gun has someone else buy it, do not ever, not even by accident, sell it to them. That could be a straw purchase for someone who is prohibited from possessing a firearm, like a convicted felon, and you could be in a world of hurt.
The "Gun Show Loophole" is the same as the "Garage Sale Loophole", the "Yard Sale Loophole", the "Friend to Friend Loophole", the "Inheritance Loophole" and the "Common Sense Loophole." It is all Liberal political rhetoric, nothing more.
In over 30 years, I have only sold 1 gun at a gun show. It was a pos .22 Davis that belonged to my girlfriend. I sold it to a dealer for $30.
I would have taken $20.
I have sold several guns over the years; rifles, pistols, shotguns. All private deals between me and another individual. If I didn’t like the person, I didn’t sell the gun. All sales were legal under the law in the state I was in.
How is that different from selling one at a gun show?
There is no such thing as a "loophole" at gun shows. All sellers must follow ALL state, county, local, and federal laws. In IL even non-FFL holding sellers must call in for a F-Tip (background check) when at a gun show.
Now if this is a private sale between friend or family your state and local laws may dictate if a sales record is to be kept. In IL I must fill out a document as simple as what is being sold, how much, etc for me and the buyer and kept for 10 years. It is always good to make a simple receipt regardless if it is required or not. It does not have to get sent to any agency or anything. Of course I would not sell anything to anyone I do not know.
http://www.nraila.org/GunLaws/#?st=VA
There is no "gun show loophole". Your right to buy or sell personal property would never be called a loophole in the United States where I grew up.
yup. I had a question like this a very long time ago and let me tell you i got one answer that said there was a loophole. everybody else was going ballistic.
There is no gun-show loop hole. The law is the law – whether you are at a gun show or someplace else. Only a registered dealer has to do background checks.
Im 78 years old & would like to buy hand gun (new) too keep in my home only. I live in Ca . I prefer no paper work if possible. Will pay the price. Glock would be good compact-If anyone reads this & wants too make me happy contact me. Its a bitch out there! Danny