Gun shows: background check loophole

by Erik  

Many times over I hear liberals talk about how bad gun shows are. For whatever reason (probably the media) they are under the impression that some type of loophole exists where you can purchase a gun without a background check or waiting period.

There is some truth to this, but before we get ahead of ourselves, let's look at the laws concerning the sale of firearms in the state of Florida. All gun shops are licensed under a Federal Firearms License. Otherwise known as an FFL. The BATFE issues these licenses and requires that businesses or individuals which posses an FFL must sell firearms according to certain rules.

All FFLs must complete a form 4473 and an NICS background check. This goes for new and used guns, both pistols and rifles. So if you attend a gun show and buy a Glock from a gun dealer, you must submit a 4473 and have a background check pulled. If you DO NOT have a concealed carry permit, you will be required to wait 3 days. Which is actually 5 days because the day you buy and the day you pick up do not count.

If you have a concealed carry permit or trade a gun, you can take it home same day.

Here is where the loophole comes into play. Private parties are allowed to sell guns at gun shows. Person A holds up a home made sign which says "Glock 19 4 sale." Person B approaches, and the two parties agree to make a sale.

A private seller is under no legal obligation to perform a background check or collect any identifying information from the seller. Some sellers may request a copy of the buyers drivers license, but in the state of Florida they are not required to provide it for the sale.

The fact that this scenario occurs at a gun show is irrelevant. People sell guns privately online all the time and agree to meet in person to exchange money for guns. It is perfectly legal, and if I was so inclined I could sell guns from the trunk of my car.

So from the trunk of my car, or the middle of a gun show, selling guns privately is perfectly legal. It happens all the time, but the driveby media finds it convenient to blame gun shows and lead liberals to believe people are buying guns illegally at gun shows.

However, the communist state of California does not allow private sale among individuals. If I wanted to sell a gun to a friend, we would be required under California law to complete the transaction with an FFL.

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