CCW Weekend: The Myth Of The Gun Show Loophole
One of the most often repeated gun myths is that of the gun show loophole. Numerous candidates for political office – on state and national levels – have railed against gun shows, pledged to do away with the loophole and so on. However, as is usually the case, reality is a lot more complicated than the hype.
For the most part, however, the common claim of no background check sales at gun shows is false, for two major reasons.
Firstly, a person that sells guns for a living has to have a license to do so, which is the Federal Firearms License, or FFL. Part and parcel to the FFL, as with any license, is a list of things a person holding the license is prohibited from doing or else the license will be revoked and one of those things is selling a gun to someone without conducting a background check. Once a person obtains an FFL, they cannot sell a gun to anyone, under any circumstances, without conducting one.
Second, who has the most guns to sell? Those would be licensed dealers. What not many people may be aware of is that firearms, like many other goods, are not bought from the manufacturer by one’s local gun store. The guns you see at your local brick and mortar store actually get to the local shop via a distributor.
Some states have adopted universal background checks; California, Colorado, Connecticut, Delaware, New York, Oregon, Rhode Island and both Washingtons (Washington state and Washington D.C.) require any transfer or sale of a firearm to involve a background check.
Furthermore, there are 8 states that require a person to undergo a background check for a permit to purchase a firearm in any capacity. This can be for any firearm or just a handgun. Hawaii, Illinois, Massachusetts and New Jersey require the background check for a permit to buy any firearm, and Iowa, Michigan, Nebraska and North Carolina require the background check and permit for a handgun only.
Maryland and Pennsylvania require a background check only for transfers or sales of any handgun.