this post was submitted on 04 Feb 2025
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[–] chiliedogg@lemmy.world 6 points 23 hours ago* (last edited 18 hours ago) (2 children)

FYI, the "Gun Show Loophole" isn't a real thing. Dealers still have to fill out a 4473 and run a background check at gun shows. There's even a checkbox for it on the 4473.

What there is is a private sales loophole, where individuals can sell a gun on the secondary market.

That doesn't require a gun show.

[–] Corkyskog@sh.itjust.works 4 points 22 hours ago (1 children)

Stop being pedantic. The only reason there is so many dealers at them is because of all the private sales in the first place.

[–] chiliedogg@lemmy.world 4 points 21 hours ago

They are a common meet-up place for private sellers, but it does nothing for dealers. The secondary market is bad for dealers.

You really don't seem to know what you're talking about.

[–] piccolo@sh.itjust.works 1 points 18 hours ago (1 children)

Private sellers are not required to do background checks according to federal law. States are free to require private sellers to do background checks, but half of the states do not require them.

https://en.m.wikipedia.org/wiki/Gun_show_loophole

[–] chiliedogg@lemmy.world 2 points 17 hours ago

That's what I said. Prialvate sellers are not dealers, and private sales don't have to be performed at gun shows.

And there are still legal requirements. For instance, it's illegal to sell or gift a person a pistol if they live in a different state.withput going to a dealer and transferring it through them with a background check. You also cannot sell or give away a firearm that isn't legal in the state in which the transfer is taking place or in the state of legal residence of the person taking ownership of the firearm.

When I was in firearm sales, we had spreadsheets for every gun in our inventory listing the states of residence in which it could be legally sold.

Additionally, you have to follow the transfer regulations of both states. So if someone from New Jersey wanted to buy a hunting rifle from the store where I worked, we had to run a New Jersey background check, fill out New Jersey paperwork, and review their New Jersey firearms license. If there was a waiting period in their state, we had to honor it.

If private sales are banned (NICS check requirements are private sales bans because civilians don't have access to NICS) in someone's home state, buying it privately in a different state is a crime.

Fun additional fact: In Texas we also had to report to the feds anytime someone purchased more than one semi-auto centerfire rifle of 22 caliber or greater in a 5-day period, or more than 1 handgun in a 5-day period. That's a regulation only in effect in Texas, New Mexico, Arizona, and California.