CerealOverdose666Federal judge blocks Biden administration rule requiring dealers at gun shows to run background checks
jrwperformance I’ve never been to a gun show that did not require a NICS check before a firearm purchase.
BigFigMy guess would be dealers and companies covering their asses just in case but maybe not required? I know the sporting goods store I used to work at did background checks on every single sale, and that’s deep in the heart of Texas where people think you just need cash in hand and walk out with a Glock.
FireTowerThey are federally required by the federal government to be performed by dealers even at gun shows. Or any other venue for that matter.
I mean, the article we are commenting under would beg to differ
The author is wrong on that point.
Per the Bureau of Alcohol, Firearms, Tobacco and Explosives:
Must licensees conduct a NICS background check for the sale of firearms to nonlicensees at gun shows? | Bureau of Alcohol, Tobacco, Firearms and Explosives
Yes. A licensee conducting business temporarily at a gun show must comply with the background check provisions in the same manner as if the sale were taking place at the licensed premises. [18 U.S.C. 922(t) and 923(j); 27 CFR 478.100 and 478.102]
Exactly. And while we’re educating the forum here, Wikipedia has the details on the loophole that circumvents this:
en.wikipedia.org/wiki/Gun_show_loophole#Provenanc…
Sometimes referred to as the Brady bill loophole,[9] the Brady law loophole,[10] the gun law loophole,[11] or the private sale loophole,[12][13][14] the term refers to a perceived gap in laws that address what types of sales and transfers of firearms require records and or background checks, such as the Brady Handgun Violence Prevention Act.[15] Private parties are not legally required by federal law to: ask for identification, complete any forms, or keep any sales records, as long as the sale is not made in interstate commerce (across state lines) and does not fall under purview of the National Firearms Act. In addition to federal legislation, firearm laws vary by state.[16]
I am not a lawyer. I do not sell firearms.
The gist I get is that this opens up enough loopholes to permit unlicensed mules/fences on either side of the transaction. Depending on what political leanings and circumstances are in play, this legal framework might actually encourage that behavior.
LizIt’s not a loophole, it’s a private sale exception. A loophole would be an unintended result, but private sales have were intentionally exempted from background checks.
Anyway, the problem isn’t that private sales don’t require background checks, it’s that some people are running businesses pretending to be private sellers. Those are the people the Biden administration is trying to target, not random people selling off a few old guns from their private collection.