The laws vary, but in most states private sellers only break the law if they knowingly sell to a prohibited person.įor example, Nelson is not supposed to sell a gun to convicted felons, or to people who live outside of Oklahoma. Whichever term you prefer, or even if you think the loophole doesn't exist, the phrase represents a real phenomenon under federal law: Not every gun sale is preceded by a background check. some estimates say more than 75 percent - are sold by licensed dealers, sales between private citizens can be arranged online or in person at any place and any time. The "gun show loophole" might be more aptly termed the "private sale exception." While the vast majority of guns sold in the U.S. At the Tulsa Arms Show, many private sellers are essentially walking billboards, advertising their guns on a backpack or by sticking a flag down the barrel of a rifle slung over their shoulder. Then there are people like Nelson, who walk around trying to sell guns. Some exhibitors are gun collectors who aren't considered to be selling firearms as a business, but have plenty of guns to sell as they consolidate their collection. It's also true that most vendors at gun shows are licensed dealers.īut many gun shows allow people who aren't licensed dealers to rent tables too. The organization correctly notes that the rules for selling guns aren't any more lax at gun shows than they would be in most parking lots. ![]() A "fact sheet" from the National Shooting Sports Foundation, an industry trade group, declares flatly: "There is no gun show loophole." Gun advocates have long claimed the gun show loophole is a myth. That circumstance - where private sellers are exempted from conducting the background check required of gun dealers with a federal firearms license - became known as the "gun show loophole." Gun stores, whether a local mom-and-pop or a giant chain, must obtain a federal license as a gun dealer. Both would be selling the same gun, but they would have to abide by different laws." What you had was this interesting circumstance where … a licensed gun dealer set up next to a private party. ![]() "And gun shows, which were primarily just flea markets, became more popular because they allowed private sellers of guns to go to locations where buyers of guns would be. "People were selling guns through newspapers and classifieds," he said. Talk of the gun show loophole emerged in the 1980s and 1990s, said David Chipman, a retired ATF agent who now works for a gun control advocacy group called the Giffords Center. That dichotomy is on display twice a year at the Tulsa Arms Show, which calls itself the largest gun show in the world. This is what's known as the "gun show loophole." Private gun sales don't require a background check, whereas purchases from a licensed dealer do. In the span of about four minutes, he had sold two guns to two different strangers for $600. Nelson eventually relented and turned over the gun for $300.Īnother man approached moments later, offering $300 for a semi-automatic rifle. ![]() "I can do $300 cash, that's all I can do," the buyer responded, before pausing. "Meet me in the middle at $325," Nelson responded.
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