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U.S. federal law requires persons engaged in interstate firearm commerce, or those who are "engaged in the business" of dealing firearms, to hold a ] and perform ]s through the ] maintained by the FBI prior to transferring a firearm. Under the terms of the ], however, individuals "not engaged in the business" of dealing firearms, or who only make "occasional" sales within their state of residence, are under no requirement to conduct background checks on purchasers or maintain records of sale. This exception is called "the gun show loophole."<ref name=GAO09709/> (Although even private sellers are forbidden under federal law from selling firearms or ammunition to persons they know or have reason to believe are felons or otherwise prohibited from purchasing firearms.)<ref name=LII-922d-2013>{{cite web |url=http://www.law.cornell.edu/uscode/text/18/922#d |title=U.S. Code, Title 18, Part I, Chapter 44, § 922 - Unlawful acts (d) |author=<!--Staff writer(s); no by-line.--> |date=August 13, 2013 |website=law.cornell.edu |publisher=Legal Information Institute |accessdate=June 24, 2014}}</ref>
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Opponents of gun control say there is no gun show loophole, only a long-standing tradition of free commerce between private parties that heretofore has not been restricted in the context of secondary, intrastate firearm sales.<ref name=Johnson2009>{{cite journal |last=Johnson |first=Nicholas J. |date=2009-01-13 |title=Imagining Gun Control in America: Understanding the Remainder Problem |url=http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1438&context=faculty_scholarship|pages=837-891 |accessdate=2014-06-24}}</ref><ref name=Burnett2001>{{cite web |url=http://www.ncpa.org/pub/ba349 |title=The Gun Show 'Loophole:' More Gun Control Disguised as Crime Control |last=Burnett |first=H. Sterling |date=2001-02-23 |website=ncpa.org |publisher=National Center for Policy Analysis |accessdate=}}</ref> They challenge federal jurisdiction in intrastate transactions between private parties, which they say exceeds the federal power created by the ].<ref name=McCullagh090616>{{cite news |last=McCullagh |first=Declan |date=June 16, 2009 |title=Gun Rights Groups Plan State-By-State Revolt |url=http://www.cbsnews.com/blogs/2009/06/16/politics/politicalhotsheet/entry5090952.shtml |publisher=CBS Interactive }}</ref>

In July 2009, Representatives ] and ] introduced the ] ({{USBill|111|H.R.|2324}})<ref name=UPI090719>{{cite news |author=<!--Staff writer(s); no by-line.--> |date=2009-07-19 |title=Gun show loophole bill is back in Congress |url=http://www.upi.com/Top_News/2009/07/19/Gun-show-loophole-bill-is-back-in-Congress/UPI-68491248055482/ |agency=United Press International (UPI) |location= |publisher= |accessdate= }}</ref> in the U.S. House of Representatives. Sen. ] introduced similar legislation, the "Gun Show Background Check Act of 2009"({{USBill|111|S.|843}}), in the U.S. Senate. As of October 2009, the House version of the bill had 35 co-sponsors (mostly Democrats) and the Senate version had 15 co-sponsors, all Democrats.

Use of the gun show loophole was advocated in the summer of 2011 by ] operative, ]. He said: "America is absolutely awash with easily obtainable firearms. You can go down to a gun show at the local convention center and come away with a fully automatic assault rifle, without a background check, and most likely without having to show an identification card." In fact, individuals cannot legally buy a fully automatic firearm at gun shows without background checks, but they can buy semiautomatic weapons and extended magazines. In addition, individuals on the U.S. terrorism watch list are prohibited from air travel but may purchase weapons.<ref name=Lind110606>{{cite news| url=http://www.washingtonpost.com/opinions/closing-the-terror-gap-and-the-gun-show-loophole/2011/06/06/AGTKubKH_story.html | work=The Washington Post | first=Michael | last=Lind | date=June 6, 2011 | title=Should the U.S. seek to improve relations with Iran?}}</ref><ref name=Madison110628>{{cite news |last=Madison |first=Lucy |date=2011-06-28 |title=Mayors invoke terrorism for gun control argument |url=http://www.cbsnews.com/8301-503544_162-20075133-503544.html |publisher=CBS Interactive |archiveurl=http://web.archive.org/web/20110702110241/http://www.cbsnews.com/8301-503544_162-20075133-503544.html |archivedate=2011-07-02 |accessdate=2014-06-24 }}</ref>

As of August 2013, 17 U.S. states had closed background check loopholes at gun shows in their states.<ref>{{cite news |last=Rucker |first=Philip |date=2013-08-05 |title=Study finds vast online marketplace for guns without background checks |url=http://www.washingtonpost.com/politics/new-study-finds-vast-online-marketplace-for-guns-without-background-checks/2013/08/05/19809198-fd73-11e2-9711-3708310f6f4d_story.html |newspaper=Washington Post |location= |publisher= |accessdate=2014-06-24 }}</ref> Seven states require background checks on all gun sales at gun shows: California, Colorado, Connecticut, Illinois, New York, Oregon, and Rhode Island. Four require background checks on all handgun purchases at gun shows: Hawaii, Maryland, New Jersey, and Pennsylvania. Seven require individuals to obtain a permit that involves a background check to purchase handguns: Iowa, Massachusetts, Michigan, Minnesota, Nebraska, and North Carolina. The remaining 33 states do not restrict private, intrastate sales of firearms at gun shows in any manner.<ref name=WVPB-Brady2008>{{cite news |author=<!--Staff writer(s); no by-line.--> |date= |title=2008 Brady Campaign State Scorecard |url=http://www.wvpbmedia.com/news/2009/2008_state_scorecard.pdf |newspaper= |location= |publisher=West Virginia Public Broadcasting |accessdate= }}</ref><ref name=BradyGSL2009>{{cite web |author=<!--Staff writer(s); no by-line.--> |date=2009-09-27 |title=Brady Background Checks: Gun Show Loophole: Frequently Asked questions |url=http://www.bradycampaign.org/legislation/backgroundchecks/gunshowloophole |archiveurl=http://web.archive.org/web/20090927165502/http://www.bradycampaign.org/legislation/backgroundchecks/gunshowloophole |archivedate=2009-09-27 }}</ref>

Revision as of 19:09, 25 June 2014

U.S. federal law requires persons engaged in interstate firearm commerce, or those who are "engaged in the business" of dealing firearms, to hold a Federal Firearms License and perform background checks through the National Instant Criminal Background Check System maintained by the FBI prior to transferring a firearm. Under the terms of the Firearm Owners Protection Act of 1986, however, individuals "not engaged in the business" of dealing firearms, or who only make "occasional" sales within their state of residence, are under no requirement to conduct background checks on purchasers or maintain records of sale. This exception is called "the gun show loophole." (Although even private sellers are forbidden under federal law from selling firearms or ammunition to persons they know or have reason to believe are felons or otherwise prohibited from purchasing firearms.)

Opponents of gun control say there is no gun show loophole, only a long-standing tradition of free commerce between private parties that heretofore has not been restricted in the context of secondary, intrastate firearm sales. They challenge federal jurisdiction in intrastate transactions between private parties, which they say exceeds the federal power created by the Commerce Clause.

In July 2009, Representatives Michael Castle and Carolyn McCarthy introduced the Gun Show Loophole Closing Act of 2009 (H.R. 2324) in the U.S. House of Representatives. Sen. Frank Lautenberg introduced similar legislation, the "Gun Show Background Check Act of 2009"(S. 843), in the U.S. Senate. As of October 2009, the House version of the bill had 35 co-sponsors (mostly Democrats) and the Senate version had 15 co-sponsors, all Democrats.

Use of the gun show loophole was advocated in the summer of 2011 by al-Qaeda operative, Adam Gadahn. He said: "America is absolutely awash with easily obtainable firearms. You can go down to a gun show at the local convention center and come away with a fully automatic assault rifle, without a background check, and most likely without having to show an identification card." In fact, individuals cannot legally buy a fully automatic firearm at gun shows without background checks, but they can buy semiautomatic weapons and extended magazines. In addition, individuals on the U.S. terrorism watch list are prohibited from air travel but may purchase weapons.

As of August 2013, 17 U.S. states had closed background check loopholes at gun shows in their states. Seven states require background checks on all gun sales at gun shows: California, Colorado, Connecticut, Illinois, New York, Oregon, and Rhode Island. Four require background checks on all handgun purchases at gun shows: Hawaii, Maryland, New Jersey, and Pennsylvania. Seven require individuals to obtain a permit that involves a background check to purchase handguns: Iowa, Massachusetts, Michigan, Minnesota, Nebraska, and North Carolina. The remaining 33 states do not restrict private, intrastate sales of firearms at gun shows in any manner.

  1. Cite error: The named reference GAO09709 was invoked but never defined (see the help page).
  2. "U.S. Code, Title 18, Part I, Chapter 44, § 922 - Unlawful acts (d)". law.cornell.edu. Legal Information Institute. August 13, 2013. Retrieved June 24, 2014.
  3. Johnson, Nicholas J. (2009-01-13). "Imagining Gun Control in America: Understanding the Remainder Problem": 837–891. Retrieved 2014-06-24. {{cite journal}}: Cite journal requires |journal= (help)
  4. Burnett, H. Sterling (2001-02-23). "The Gun Show 'Loophole:' More Gun Control Disguised as Crime Control". ncpa.org. National Center for Policy Analysis.
  5. McCullagh, Declan (June 16, 2009). "Gun Rights Groups Plan State-By-State Revolt". CBS Interactive.
  6. "Gun show loophole bill is back in Congress". United Press International (UPI). 2009-07-19.
  7. Lind, Michael (June 6, 2011). "Should the U.S. seek to improve relations with Iran?". The Washington Post.
  8. Madison, Lucy (2011-06-28). "Mayors invoke terrorism for gun control argument". CBS Interactive. Archived from the original on 2011-07-02. Retrieved 2014-06-24.
  9. Rucker, Philip (2013-08-05). "Study finds vast online marketplace for guns without background checks". Washington Post. Retrieved 2014-06-24.
  10. "2008 Brady Campaign State Scorecard" (PDF). West Virginia Public Broadcasting.
  11. "Brady Background Checks: Gun Show Loophole: Frequently Asked questions". 2009-09-27. Archived from the original on 2009-09-27.