So the firefighter shooter was using a Bushmaster .223

[OneTenthofOnePercent]

57. "gun show loophole" is a misnomer.

Last edited Tue Dec 25, 2012, 04:56 PM - Edit history (1)

Basically, if you have an FFL license (licensed dealer) you must do a background everywhere you sell a gun. In their gunshop, at home, in the car on train, even at a gunshow.... anywhere they sell a gun, they have to call in the paperwork on the spot for the background check. An FFL dealer can legally sell new guns from manufacturers and distributors in addition to used guns and all guns a dealer holds is inventoried with the ATF. Guns sold on the internet must be shipped to another FFL dealer in the buyers state where that FFL does the background check. Simply put, if a gun is bought from a licensed dealer in any fashion then it absolutley gets a background check before a citizen gets it.

If you have no FFL license (private citizen) you are barred from accessing the NICS background check system. Private citizens have no requirement (or access) to performing a background check when selling their PERSONAL guns. It doesn't matter if the private-citizen sale happens at home, Dennys, a gun show, the mall parking lot or a public park. A private citizen cannot sell new guns directly from a manufacturer/distributor... the guns must be their own personal guns.

I'm not sure why anyone calls gun shows a "gunshow loophole". A gunshow does not have some magical set of laws surrounding it. The laws at a gunshow are the same there as everywhere else in the nation - no exceptions. There is no loophole unique to gun shows.