I’ve never been to one and likely never will go to one, but you google this topic and it makes it sound like anyone and everyone can show up to a gun show and buy a gun no questions asked. I feel like that’s gotta be an exaggeration so I’m curious what actually are the rules and is this a red herring or something that needs to be addressed?

Gun show loophole, gun law loophole, Brady law loophole (or Brady bill loophole), private sale loophole, and private sale exemption are terms in the United States referring to sales of firearms by private sellers, including those done at gun shows, dubbed the "secondary market".[1] The term refers to the concept that a loophole in federal law exists, under which "any person may sell a firearm to an unlicensed resident of the state where they reside, as long as they do not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms".[2][3][4]

Under federal law, private-party sellers are not required to perform background checks on buyers; whether at a gun show or other venue. They also are not required to record the sale, or ask for identification. This requirement is in contrast to sales by gun stores and other Federal Firearms License (FFL) holders who are required to record all sales and perform background checks on almost all buyers, regardless of whether the venue is their business location or a gun show within their state. Access to the National Instant Criminal Background Check System (NICS) is limited to FFL holders.

First two paragraphs of wikipedia page, so pretty much no questions asked as long as you have reasonable cause to believe the person is not prohibited from buying.

I might add, this allowance in the law only pertains to long guns. If you have a pistol, and you want to sell it to your neighbor, you MUST take it to an FFL for transfer (so that a background check my be performed).

A few caveats:
1. knowingly (or reasonably knowing) selling to an out-of-state resident is illegal
2. knowingly (or reasonably knowing) selling to a prohibited person is illegal.
3. I do believe the exception pertains to both handguns and long guns (but, not FFA guns/accessories...those that require a stamp) -- maybe some others could chime in here.
4. Also keep in mind that states, counties, cities, and sometimes venues require background checks on private party sales.
5. Referring back to 1 & 2, you are taking a slight risk if you don't do enough due diligence with respect to whom you sell. Also keep in mind if you do too many gun transactions in a year, you could also be considered a dealer and therefore you would need an FFL (firearms license).

This exception, while a key focus of liberals, doesn't really result in a vast number of stranger to stranger transactions. Mostly, these are transactions are between family members, neighbors, acquaintances and wives whose husbands die and they are left with guns they do not want. Also keep in mind, we are talking used guns.

The only loophole is that non-dealers who sell at gun shows can sell to people that live in that state face-to-face without a federal background check. The same is if I were to sell a firearm to my neighbor. As long as they are legal to purchase and they are a resident of that same state no background check is required. If it’s a dealer they must perform a background check. The federal regulation determine whether your actions qualify as a dealer or not

There is no "gun show loophole"... What exists in law is a mechanism for one *person* as a private party, not a business, to sell a long gun to another *person* so long as the seller has no reason to believe the buyer is planning a crime.

If you own a gun store and you go to a gun show *YOU MUST DO A BACKGROUND CHECK*.... If you don't seel guns as a business and you want to seel a gun you own to your neighbor (or give it to your kid) then you don't need to do a background check.

(03-01-2018 01:21 PM)geosnooker2000 Wrote:  I might add, this allowance in the law only pertains to long guns. If you have a pistol, and you want to sell it to your neighbor, you MUST take it to an FFL for transfer (so that a background check my be performed).

That is not accurate.

You can sell a handgun face-to-face if you and the legally qualifying purchaser are both residents of the state in which the transaction occurs. Different states of residence require FFL involvement.

(03-01-2018 01:57 PM)rath v2.0 Wrote:  

(03-01-2018 01:21 PM)geosnooker2000 Wrote:  I might add, this allowance in the law only pertains to long guns. If you have a pistol, and you want to sell it to your neighbor, you MUST take it to an FFL for transfer (so that a background check my be performed).

That is not accurate.

You can sell a handgun face-to-face if you and the legally qualifying purchaser are both residents of the state in which the transaction occurs. Different states of residence require FFL involvement.

It could be accurate depending on the state. I would state that private sale of long arms and handguns are not required to have a background check by federal law, but it could be a state or local law. Best to always consult your own state's law.

(03-01-2018 01:52 PM)pharaoh0 Wrote:  ....Also keep in mind if you do too many gun transactions in a year, you could also be considered a dealer and therefore you would need an FFL (firearms license).

How are these transactions tracked? How would authorities know if someone had done any, let alone too many?

(03-01-2018 02:22 PM)Kaplony Wrote:  

(03-01-2018 01:57 PM)rath v2.0 Wrote:  

(03-01-2018 01:21 PM)geosnooker2000 Wrote:  I might add, this allowance in the law only pertains to long guns. If you have a pistol, and you want to sell it to your neighbor, you MUST take it to an FFL for transfer (so that a background check my be performed).

That is not accurate.

You can sell a handgun face-to-face if you and the legally qualifying purchaser are both residents of the state in which the transaction occurs. Different states of residence require FFL involvement.

It could be accurate depending on the state. I would state that private sale of long arms and handguns are not required to have a background check by federal law, but it could be a state or local law. Best to always consult your own state's law.

I don't know about now, but in years past you could sell a handgun to another individual IN NC as long as you collected their handgun purchase permit or a photocopy of their ccl and dl.

(03-01-2018 02:37 PM)200yrs2late Wrote:  

(03-01-2018 02:22 PM)Kaplony Wrote:  

(03-01-2018 01:57 PM)rath v2.0 Wrote:  

(03-01-2018 01:21 PM)geosnooker2000 Wrote:  I might add, this allowance in the law only pertains to long guns. If you have a pistol, and you want to sell it to your neighbor, you MUST take it to an FFL for transfer (so that a background check my be performed).

That is not accurate.

You can sell a handgun face-to-face if you and the legally qualifying purchaser are both residents of the state in which the transaction occurs. Different states of residence require FFL involvement.

It could be accurate depending on the state. I would state that private sale of long arms and handguns are not required to have a background check by federal law, but it could be a state or local law. Best to always consult your own state's law.

I don't know about now, but in years past you could sell a handgun to another individual as long as you collected their handgun purchase permit or a photocopy of their ccl and dl.

In Ohio and Kentucky it’s legal to do face to face handgun transactions with no FFL. Only states I have direct knowledge of. They only use the federal regs. Of course, some states are squirrellier than others so thanks for appropriately qualifying my comment.

(03-01-2018 02:30 PM)genieiab Wrote:  

(03-01-2018 01:52 PM)pharaoh0 Wrote:  ....Also keep in mind if you do too many gun transactions in a year, you could also be considered a dealer and therefore you would need an FFL (firearms license).

How are these transactions tracked? How would authorities know if someone had done any, let alone too many?

Good question. They don’t.

The regulation by BATF is incredibly vague. They classify you as a dealer needing a FFL if you purchase the item with the intent to resell. That’s a really hard standard to establish or define so they look at things like how quickly you turned around and sold it etc.

I get in trouble with my fellow gun owners when I say that in my opinion anybody that sells more than 5 to 10 a year (or some arbitrary number beyond just normal selling or trading) should it be required to have some version of a FFL license as a dealer. Specifically for the reason your question raises.

There’s a lot of people at gun shows or otherwise that sell a lot of guns a year outside of licensing. Most of them don’t do it to avoid the system it’s just something they do on the side.

(03-01-2018 02:37 PM)200yrs2late Wrote:  

(03-01-2018 02:22 PM)Kaplony Wrote:  

(03-01-2018 01:57 PM)rath v2.0 Wrote:  

(03-01-2018 01:21 PM)geosnooker2000 Wrote:  I might add, this allowance in the law only pertains to long guns. If you have a pistol, and you want to sell it to your neighbor, you MUST take it to an FFL for transfer (so that a background check my be performed).

That is not accurate.

You can sell a handgun face-to-face if you and the legally qualifying purchaser are both residents of the state in which the transaction occurs. Different states of residence require FFL involvement.

It could be accurate depending on the state. I would state that private sale of long arms and handguns are not required to have a background check by federal law, but it could be a state or local law. Best to always consult your own state's law.

I don't know about now, but in years past you could sell a handgun to another individual IN NC as long as you collected their handgun purchase permit or a photocopy of their ccl and dl.

That's only because NC still recognizes that racist handgun purchase permit, which is a product of Jim Crow laws to deny Black people the right to buy guns. Now, it's used more broadly as another roadblock for people to purchase hand guns. It's completely unnecessary. In states that do not have this silliness, you do not have to go through these motions.

(03-01-2018 02:30 PM)genieiab Wrote:  

(03-01-2018 01:52 PM)pharaoh0 Wrote:  ....Also keep in mind if you do too many gun transactions in a year, you could also be considered a dealer and therefore you would need an FFL (firearms license).

How are these transactions tracked? How would authorities know if someone had done any, let alone too many?

They aren't. Usually it comes up when the authorities are running a sting or investigating a crime and find out you're into buying and selling a bunch of guns.

It is also hard to say how many transactions get you on the hook. The rules do not state an actual number, but instead speak to the quantity and quality of the transactions. So, if your husband dies and you are selling 25 of his guns, you are probably not going to be a dealer because besides these guns, you probably aren't interested in selling any additional guns. The Obama admin tried to say 2 gun transactions in a year could make you a dealer. Some say it depends on whether or not you are expecting profit and are buying and selling more like a business and not an individual. it is murky.

(03-01-2018 02:57 PM)rath v2.0 Wrote:  

(03-01-2018 02:37 PM)200yrs2late Wrote:  

(03-01-2018 02:22 PM)Kaplony Wrote:  

(03-01-2018 01:57 PM)rath v2.0 Wrote:  

(03-01-2018 01:21 PM)geosnooker2000 Wrote:  I might add, this allowance in the law only pertains to long guns. If you have a pistol, and you want to sell it to your neighbor, you MUST take it to an FFL for transfer (so that a background check my be performed).

That is not accurate.

You can sell a handgun face-to-face if you and the legally qualifying purchaser are both residents of the state in which the transaction occurs. Different states of residence require FFL involvement.

It could be accurate depending on the state. I would state that private sale of long arms and handguns are not required to have a background check by federal law, but it could be a state or local law. Best to always consult your own state's law.

I don't know about now, but in years past you could sell a handgun to another individual as long as you collected their handgun purchase permit or a photocopy of their ccl and dl.

In Ohio and Kentucky it’s legal to do face to face handgun transactions with no FFL. Only states I have direct knowledge of. They only use the federal regs. Of course, some states are squirrellier than others so thanks for appropriately qualifying my comment.

In CA, you have to utilize someone with an FFL and follow the normal buy/sell procedures which include waiting periods, etc.