Stupid Question Dept:: What the heck is the Gun Show Loophole?

[Union Thug]

Alright, I know this sounds stupid, but I've been to gun shows here in Washington state and I've purchased firearms at these gun shows, and I'm left wondering what loophole I'm missing.

Without a CCW permit, I can't buy a handgun without the accompanying five day waiting period. This is no different than any other handgun purchase in this state.

Purchasing a rifle was a little easier, but I still had to have my background checked. For example, my first experience buying a rifle went like this.... I wanted to buy an old Soviet rifle, but I could not do so without joining the gun club hosting the show. So, as it was a reasonable fee, I joined there at the show. As part of the process, the club ran the same background check that BIG 5 or other sporting goods stores run and only after passing that check was i issued my membership card. After the initial bg check, I don't think people are required to submit to another (at least for the durationof their annual membership), but when rifles subsequently changed hands, those selling the firearms required both membership information and a Washington State Driver's license from the purchaser, both of which were recorded in their personal logs along with the gun's make/model/serial number.

Is this the loophole? not a very daunting one if you ask me.

Other people have mumbled something about the loophole referring to the transfer of automatic weapons, but I've NEVER seen or heard of an illegal weapon changing hands at a local gun gun.

So what's up with the gun show loophole?

[izzie]

1. I also have a question. Why can't they get stem cells from-----

all those people they kill yearly in Texas? Is it something that you grew out of having? Makes a crazy subject to me. Every thing has cells.I take it stem is the important word but why? Please take my name off this question if it is to far out. Izzie

[slackmaster]

2. The term is a euphemism for unregulated private-party transfers

Only a portion (specific numbers unknown) of which actually occur at gun shows.

In most states (about 30 of them IIRC) a private individual (someone without a Federal Firearms License) can sell a firearm directly to another private individual legally.

In those states there is no requirement to perform a background check on the buyer as there is with guns sold by dealers (licensees), and in fact the National Instant Check System (NICS) cannot legally be used by private individuals.

Those who would impose federal legislation to "close the gun-show loophole" by requiring background checks on transactions performed at gun shows (however those would be defined) would be affecting only some of the secondary firearms market.

OTOH it's important to note that the federal government has no clear constitutional authority to regulate intrastate private sales of used goods. The major federal gun laws - National Firearms Act of 1934 which regulates machineguns, short-barrelled shotguns, sound suppressors, etc.; and the Gun Control Act of 1968, which stopped mail-order gun sales and instituted the federal licensing program for dealers; both derive authority from the Interstate Commerce Clause of the US Constitution. If I sell my used shotgun or lawnmower or set of lawn darts :D to someone else who lives in the same state, that transaction is neither interstate nor commerce.

That authority is already stretched very thin, and if you look carefully at every piece of proposed federal "gun show loophole" legislation you'll see a clear attempt to invoke the ICC to justify regulating private-party transfers. So far nobody has proposed regulating ALL private sales as some states (e.g. California) have done on their own. If the feds try to do that it is likely to force a test of federal power in the Supreme Court of the US.

Some extremist groups have proposed closing the "classified ad loophole", but so far nobody in Congress has suggested anything so bold. The way the Constitution and Bill of Rights are set up gives the power to regulate private sales to the states only.

[Union Thug]

3. Thank you..

That clears it up nicely.

[alwynsw]

4. Saved ne a bunch of typing. Thanks!

And did so eloquently, I might say.

I wonder how many more inaccurate hot button phrases need clarification: bullet hose, cop killer, etc.? And let's not forget that terrible .223 that just goes on forever.

on edit: I still hold that there are no stupid questions; just stupid (non)answers.