US law: the gun show loophole

Self-tutoring about US law: the tutor wades into an interesting exemption.

I’ve no experience with this, so it’s just based on what I’ve overheard, read, and understood.

From decades ago, I recall a news panel talking about gun availability in the US. Gun shows got mentioned. One person on the panel said that it’s mainly police officers and enthusiasts who go to them, not criminals. Criminals, they pointed out, are happy to acquire things illegally, so laws won’t stop them from getting guns.

I wondered, off and on, what all this meant, since I live in Canada, so have never seen a gun show. Yet, in the US, they’re a thing.

An interesting point about gun shows is that an unlicensed vendor can set up a table at one. An unlicensed vendor is not required by federal law to do a background check on a gun purchaser. On the other hand, federal law requires that a licensed vendor must do a background check on the purchaser before selling them a gun.

At the state level, some require even an unlicensed vendor to do said background check. The purchaser’s advantage in states without that requirement is that, at a gun show, one can obtain a gun “cash and carry.” Many legitimate purchasers do so, just to avoid the hassle of the background check and paperwork surrounding the sale. In such a situation, a licensed gun retailer at the gun show is at a disadvantage, since they must require the background check by federal law.

This is the law as I understand it. Interesting, eh?

Source:

everytownresearch.org

bradyunited.org