The NRA has pushed back claiming that there is no gun show loophole. This denial is based on semantics. Perhaps it should be called “the private seller” loophole (because private sellers aren’t under the same standards as federally-licensed firearm dealers). Nevertheless, these private sellers/occasional dealers often sell specifically at gun shows.
Consequently, unlicensed sellers may sell firearms without conducting background checks or documenting the transaction in any way. In addition, because federal law does not require private sellers to inspect a buyer’s driver’s license or any other identification, there is no obligation for such sellers to confirm that a buyer is of legal age to purchase a firearm. As a result, convicted felons, minors and other prohibited purchasers can easily buy guns from unlicensed sellers.
According to a 1999 report issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the current definition of “engaged in the business” often frustrates the prosecution of “unlicensed dealers masquerading as collectors or hobbyists but who are really trafficking firearms to felons or other prohibited persons.” A June 2000 ATF report found that unlicensed sellers were involved in about a fifth of the trafficking investigations and associated with nearly 23,000 diverted guns.
“In 33 states, private gun owners are not restricted from selling guns at gun shows. Buyers who purchase guns from individuals are not required to submit to the federal background checks in place for licensed dealers. Critics say that firearms can be obtained illegally as a result, calling it the “gun show loophole.” Proponents of unregulated gun show sales say that there is no loophole; gun owners are simply selling or trading guns at the shows as they would do at their residence.”
