What is everyone's thoughts on the gun show "loophole." It seems to me that people who buy guns online or from private collectors at gun shows should have the exact same scrutiny as those that buy from a gun shop. My understanding is that the way the laws are set up right now, it can be easy to bypass those background checks.
I also agree that it seems unlawful to outright ban someone from purchasing a gun for 5 years without any sort of due process.
There is no such thing as a gun show loophole, nor is it possible to legally bypass otherwise mandatory background checks at a gun show or on the internet.
There are three classifications of gun transactions available to a private individual (someone who does not hold a ATF license to be in the firearms dealing business). They are; transfers between a private party and a licensed dealer, transfers between two private parties, and transfers between a private party and the gun manufacturer.
Anytime a gun is transferred from a licensed dealer's business inventory to a private party, be it at a gun show or a store front, a background check is required. There is no background check requirement to transfer a gun to a licensed dealer. If a dealer wants to sell his own personal guns that are not a part of his business inventory, he is allowed to remove his dealer hat and make the sale under the private party rules.
Intrastate, private party transfers can be done without a background check. If you were a Montana resident, we could meet face to face, and I could legally transfer a handgun, shotgun, or rifle to you with no background check (NFA items excluded of course). Interstate private party transfers of all types of guns must go through a licensed dealer in the recipient's home state where a background check is performed. Guns may not be shipped between private parties, the recipient must be a dealer.
A gun may be shipped by a private party to the manufacturer for repairs or other work without a background check, and the manufacturer may return the gun without a background check.
Both licensed dealers and private parties can advertise guns online. However, the same transfer/ background check laws must be followed in the event of a sale.
If you purchased a hand gun from a dealer online, you would either have to pick it up at his storefront (if the storefront was in your home state), or have it shipped to a dealer in your home state. Whichever dealer actually transferred it to you would have to perform a background check. If it was a rifle or shotgun, the dealer could transfer it to you over the counter, no matter your state of residence, after a background check, or he could ship it to a dealer in your home state.
Transfer of guns advertised online by a private party follow the same rule as any other private party transfer. Intrastate, face to face transfer of all types of guns can be done without a background check, all interstate transfers must go through a licensed dealer in the buyers home state.
A gun show is just like a farmer's market, only for guns. It provides a place where people who have guns to sell and people who want to buy guns can get together efficiently to transact business. All background check laws must be followed, just like any other setting. Private interstate sales do not require a background check, but private intrastate do. All dealer sales require a background check
