If you live in the continental US, you are no more than a two hour drive from a gun show where you can buy a gun with no background check. I'd call that a loophole.
OMG Politics, I'm over it already.
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That may be true where you live, but not everywhere. The Federal law says that background checks only need to be done for guns sold by a gun dealer, in the capacity of a gun dealer. Anyone is free to sell a gun to anyone without a check if they simply say the sale is a private sale (this includes gun dealers - they can claim they are selling their privately owned guns). A few states (apparently yours) have laws requiring checks for all gun sales, but the vast majority do not.
Lerxst
spaghetti and blankets
You'd be violating Federal law in the process.
https://www.atf.gov/questions-and-a...ed-person-acquire-firearm-under-gca-any-state
May an unlicensed person acquire a firearm under the GCA in any State?
Generally, a person may only acquire a firearm within the person’s own State. Exceptions include the acquisition pursuant to a lawful bequest, or an over–the–counter acquisition of a rifle or shotgun from a licensee where the transaction is allowed by the purchaser’s State of residence and the licensee’s State of business. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.
[18 U.S.C 922(a)(3); 27 CFR 478.29]
https://www.atf.gov/resource-center/docs/0501-firearms-top-10-qaspdf/download
Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual who does not reside in the State where the transferee resides. Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal Firearms Licensee (FFL) within the recipient’s State of residence. He or she may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check. More information can be obtained on the ATF website at www.atf.gov and http://www.atf.gov/firearms/faq/unlicensed-persons.html. The GCA provides an exception from this prohibition for temporary loans or rentals of firearms for lawful sporting purposes. Thus, for example, a friend visiting you may borrow a firearm from you to go hunting. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent. See 18 U.S.C. 922(a)(5).
Kerouac
weird musical dildo
That doesn't mean people obey it. Which is actually funny since a lot of those folks would maintain there is no point in gun control laws, since "most" gun crimes are committed with illegal weapons... such as their own.
Lerxst
spaghetti and blankets
What's the point of any law in that case except to provide a basis for punishment after the crime is committed?
Edit: You may be able to make the case that someone ignorant of the law may unknowingly conduct an illegal transfer w/o a BC to an out of state resident but ignorance of the law is no defense.
Otherwise, knowing the law and still conducting an illegal transfer is a crime and should be prosecuted as such. Seems pretty cut and dry to me.
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That's what MSNBC was saying last night BEFORE the debate.
Flamencology
You don't deserve koa.
30-40 years ago, in many cases.
But yeah, people really are that stupid.
I wish that we lived in a world where she wouldn't have needed to back down after making her 100% legit "basket of deplorables" comment.
Chad
Slender Hobbit
Yeah and last time I checked, it was Hillary on the ballot not Bill. We aren't pulling Marla Maples and Ivana Trump up and going through their character flaws are we?
Devil is Dill
Doubleplusgood
Yes, yes they are. A significant portion of the population is made up of mean-spirited idiots.
Chad
Slender Hobbit
Really, then how did a family member of mine, who is a convicted felon, purchase 2 hand guns at a gun show here in Va? By the way, he was convicted of armed robbery. Once we found them at his house, we took them from him, but he was able to purchase them with no problem, every had receipts from the show. He has since gone through rehab again and is living with other family members who are keeping him clean and out of trouble.
The only thing of mine that he moves is my bowels, but when I look at him I think I'm looking in my toilet post defecation and I'm wondering what I ate to make it so orange.
So what? Why would that stop anyone from doing it since there is no way to enforce that law. Besides, anyone wanting a gun for criminal purposes doesn't care about the law anyway.
There most certainly IS a gun show loophole. I'm constantly amazed at how many people claim there isn't.
Kerouac
weird musical dildo
I'm pointing out that we act like it doesn't happen, but it absolutely does. I certainly wasn't advocating deregulation.
Help!I'maRock!
Mediocringly Derivative
Even dumber than that.
Lerxst
spaghetti and blankets
I don't think anyone believes it doesn't happen as much as they believe people don't knowingly or unknowingly break other laws. From my POV legal transfers have been defined by state and federal law. Transfers outside of those definitions are illegal and should be prosecuted as such. How you discover, investigate, and prevent these crimes is different aspect of the discussion. Likewise, attempting to have a legally accurate discussion does not condone or advocate criminal transfers.
mongooz
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just to clarify....you cannot buy a handgun at a 'show' in one state and bring it back to another state without transfering it THROUGH an FFL dealer.
buying one from a private person is another matter.
edit: apparently this was already clarified.
never mind.....nothing to see here.....these are not the droids you're looking for.....move along...
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