My guess would be dealers and companies covering their asses just in case but maybe not required? I know the sporting goods store I used to work at did background checks on every single sale, and that’s deep in the heart of Texas where people think you just need cash in hand and walk out with a Glock.
Sometimes referred to as the Brady bill loophole,[9] the Brady law loophole,[10] the gun law loophole,[11] or the private sale loophole,[12][13][14] the term refers to a perceived gap in laws that address what types of sales and transfers of firearms require records and or background checks, such as the Brady Handgun Violence Prevention Act.[15] Private parties are not legally required by federal law to: ask for identification, complete any forms, or keep any sales records, as long as the sale is not made in interstate commerce (across state lines) and does not fall under purview of the National Firearms Act. In addition to federal legislation, firearm laws vary by state.[16]
I am not a lawyer. I do not sell firearms.
The gist I get is that this opens up enough loopholes to permit unlicensed mules/fences on either side of the transaction. Depending on what political leanings and circumstances are in play, this legal framework might actually encourage that behavior.
It’s not a loophole, it’s a private sale exception. A loophole would be an unintended result, but private sales have were intentionally exempted from background checks.
Anyway, the problem isn’t that private sales don’t require background checks, it’s that some people are running businesses pretending to be private sellers. Those are the people the Biden administration is trying to target, not random people selling off a few old guns from their private collection.
However, I also am in the heart of Texas and have been with people that went to a gunshow with cash and walked out specifically with a glock. They sold it to him unassembled but they aren’t that hard to put together.
Sporting goods stores absolutely need them. Licensed firearms dealers at shows absolutely need them. Those are not the issue because according to the Brady Act, if a vendor is a federally licensed firearms dealer (FFL), they are required to perform a background check prior to completing the sale of the firearm.
Speaking purely of Texas because that’s where I know things, the issue is that there are some (quite a few) shows that allow “private collectors” to sell at the shows and that’s perfectly legal. Even if they don’t technically allow it there are folks who walk around shows with a card so if they see you are interested in a certain firearm they’ll try to sell you one from their “collection”. These private collectors have loads of inventory and contacts with other private collectors so they can point you to their friend and get a kickback or buy one off their friend and immediately sell it to you. So technically it’s a private sale which does not require a background check but these people are definitely running a business in all but name.
It’s estimated that in Texas that somewhere between 25-50% of sales from gun shows currently constitute private sales. That’s a wide range because these private sellers are not required to report or record their sales.
I’ve been to gun shows, the only way you’re buying one is from another private person who’s there. No one with a table is selling one without a nics check
My guess would be dealers and companies covering their asses just in case but maybe not required? I know the sporting goods store I used to work at did background checks on every single sale, and that’s deep in the heart of Texas where people think you just need cash in hand and walk out with a Glock.
They are federally required by the federal government to be performed by dealers even at gun shows. Or any other venue for that matter.
I mean, the article we are commenting under would beg to differ
The author is wrong on that point.
Per the Bureau of Alcohol, Firearms, Tobacco and Explosives:
https://www.atf.gov/firearms/qa/must-licensees-conduct-nics-background-check-sale-firearms-nonlicensees-gun-shows#:~:text=Must licensees conduct a NICS background check for,sale were taking place at the licensed premises.
Exactly. And while we’re educating the forum here, Wikipedia has the details on the loophole that circumvents this:
https://en.wikipedia.org/wiki/Gun_show_loophole#Provenance
I am not a lawyer. I do not sell firearms.
The gist I get is that this opens up enough loopholes to permit unlicensed mules/fences on either side of the transaction. Depending on what political leanings and circumstances are in play, this legal framework might actually encourage that behavior.
It’s not a loophole, it’s a private sale exception. A loophole would be an unintended result, but private sales have were intentionally exempted from background checks.
Anyway, the problem isn’t that private sales don’t require background checks, it’s that some people are running businesses pretending to be private sellers. Those are the people the Biden administration is trying to target, not random people selling off a few old guns from their private collection.
However, I also am in the heart of Texas and have been with people that went to a gunshow with cash and walked out specifically with a glock. They sold it to him unassembled but they aren’t that hard to put together.
Sporting goods stores absolutely need them. Licensed firearms dealers at shows absolutely need them. Those are not the issue because according to the Brady Act, if a vendor is a federally licensed firearms dealer (FFL), they are required to perform a background check prior to completing the sale of the firearm.
Speaking purely of Texas because that’s where I know things, the issue is that there are some (quite a few) shows that allow “private collectors” to sell at the shows and that’s perfectly legal. Even if they don’t technically allow it there are folks who walk around shows with a card so if they see you are interested in a certain firearm they’ll try to sell you one from their “collection”. These private collectors have loads of inventory and contacts with other private collectors so they can point you to their friend and get a kickback or buy one off their friend and immediately sell it to you. So technically it’s a private sale which does not require a background check but these people are definitely running a business in all but name.
It’s estimated that in Texas that somewhere between 25-50% of sales from gun shows currently constitute private sales. That’s a wide range because these private sellers are not required to report or record their sales.
I’ve been to gun shows, the only way you’re buying one is from another private person who’s there. No one with a table is selling one without a nics check