There is NO Gun Show Loop Hole
Here is copy of information that I have sent to journalists relating to the misnamed gun show loop hole.
Feel free to copy and distribute.
Bekeart
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Most of the time when the term "gun show loop hole" is used it is followed by misinformation and/or outright lies.
There is no GUN SHOW loop hole. At a gun show citizens are exercising their rights to buy and sell personal property, subject to the same state and federal laws that would apply to selling at their home.
Any licensed dealer selling at a gun show is required to follow all the same laws and rules that apply in his storefront.
The buyer fills out the same federally required form (4473) detailing the buyers qualifications to purchase.
The dealer then calls the information in ( to NICS ) for an instant background check. NICS is located at the FBI's Criminal Justice Information Services Division in Clarksburg, West Virginia.
If the buyer is approved the dealer may deliver the firearm to the buyer as allowed under local or state regulations. (Some states have a waiting period before deliver; other states do not have any required waiting period.)
A dealer may NOT deliver any handgun to a nonresident of the dealer's state.
Any handgun purchase would be sent to a licensed dear in the purchaser's state of residence for the purchaser to pick up from that dealer.
The dealer may, under certain conditions, deliver a rifle or shotgun to a nonresident.
ANY individual selling personal firearms is under the same rules whether he be at a gun show, a flea market, or ANY other location in his state of residence.
But we never hear or read any comments about a "yard sale loop hole".
At the gun show a unlicensed individual may sell any firearm to a resident of his sate, but only if the show is located in his state of residence.
The individual is required to be convinced the buyer is a state resident and of legal age to purchase the firearm. The seller must also reasonably believe that the potential buyer is not prohibited by because of felony conviction or other regulations.
ANY individual selling personal firearms is under the same rules whether he be at a gun show or a yard sale.
But we never hear or read any comments about a "yard sale loop hole".
Submitted for your consideration.
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Notice to Dealers and Other Participants at Gun Shows
http://www.atf.gov/publications/firearms/ATF_I_5300 23A.pdf
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FBI — Gun Checks/NICS
The National Instant Criminal Background Check System, or NICS, is all about saving lives and protecting people from harm—by not letting guns and explosives fall into the wrong hands. It also ensures the timely transfer of firearms to eligible gun buyers.
Mandated by the Brady Handgun Violence Prevention Act of 1993 and launched by the FBI on November 30, 1998, NICS is used by Federal Firearms Licensees (FFLs) to instantly determine whether a prospective buyer is eligible to buy firearms or explosives. Before ringing up the sale, cashiers call in a check to the FBI or to other designated agencies to ensure that each customer does not have a criminal record or isn't otherwise ineligible to make a purchase. More than 100 million such checks have been made in the last decade, leading to more than 700,000 denials.
NICS is located at the FBI's Criminal Justice Information Services Division in Clarksburg, West Virginia. It provides full service to FFLs in 30 states, five U.S. territories, and the District of Columbia. Upon completion of the required Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Form 4473, FFLs contact the NICS Section via a toll-free telephone number or electronically on the Internet through the NICS E-Check System to request a background check with the descriptive information provided on the ATF Form 4473. NICS is customarily available 17 hours a day, seven days a week, including holidays (except for Christmas).
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ATF Online - Contact - Frequently Asked Questions
Q: How do I register a firearm I bought from a friend?
If it is a firearm that does not fall under the National Firearms Act (NFA) description, there is no federal registration. However, there may be state or local requirements and you should contact your state or local agencies.
(Clarification by Larry - NFA includes machineguns, short barrel shotguns, etc. Not any of the common shotguns, rifles, or handguns.))
Please note:
1. An individual may only sell/transfer a firearm to an unlicensed resident of his or her state.
2. You cannot transfer/sell a weapon to someone if you believe or have reasonable cause to believe the person is prohibited from receiving or possessing firearm under Federal law.
3. If the above requirements are met, ATF recommends the buyer and seller both keep a bill of sale (a document who sold the firearm, a description of the firearm, and who bought the firearm) so that if the firearm is ever traced, the buyer/seller can provide the information.
