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The Federalists take —

There Is No ‘Gun-Show Loophole’

One of the biggest claims I’ve heard as a reason for needing more background checks is the so-called “gun-show loophole.” There’s one big problem with that claim: there is no “gun-show loophole” in federal law. It is a myth.

As covered above, federal law requires that all sales from firearm dealers, or sales between residents of different states, must satisfy the background check requirements, regardless of whether those sales happen in a gun shop, at a gun show, or out of the back of somebody’s trunk in a parking lot. Many states also require background checks for individual sales.

There is simply no law anywhere that says if a gun is bought at a gun show, then the buyer doesn’t have to undergo a background check. In fact, gun shows are generally full of ATF agents on the prowl for potential violations of federal law. A dealer who tries to sell a gun at a gun show without confirming that the buyer has passed a background check will get in big trouble in short order.

Furthermore, federal law also prevents sales to anyone the seller believes to be a “prohibited person” (e.g., a convicted felon). As a result, gun dealers regularly turn away potential customers if they think they are not legally allowed to purchase or possess a firearm. There is no special exemption or “loophole” in federal law that allows gun show sales to occur without background checks.


Ron