Enhanced Background Check Act 2021 (HR 1446) Explained

BillPenn

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Well, actually there is, but maybe the name we apply isn't correct. I know of a few fine folks that have sold thousands of firearms over the years strictly for profit, primarily at gun shows, but also at their job, on military reserve weekends and other training. It should be legal, but currently is not. And I'm sure that everyone of us know of folks like this, making a small business out of a hobby, and we have no problem with them doing it. However, we must be honest and admit there is a "gunshow loophole". We may want to call it something else, but we cannot defend our stance on 2A with false statements.

Confused, I have had to get a background check on everything I have purchased at a gun show. Even did one last month when I went to a vendors house to purchase one. How is this a "loophole"?
 

harley128

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Confused, I have had to get a background check on everything I have purchased at a gun show. Even did one last month when I went to a vendors house to purchase one. How is this a "loophole"?
You've evidently never purchased from a "private seller" who is set up with a table (or several tables). In that case, it's a cash and carry situation with no background check .
 

Rez Exelon

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Well, actually there is, but maybe the name we apply isn't correct. I know of a few fine folks that have sold thousands of firearms over the years strictly for profit, primarily at gun shows, but also at their job, on military reserve weekends and other training. It should be legal, but currently is not. And I'm sure that everyone of us know of folks like this, making a small business out of a hobby, and we have no problem with them doing it. However, we must be honest and admit there is a "gunshow loophole". We may want to call it something else, but we cannot defend our stance on 2A with false statements.

Yeah "gunshow" loophole is really just a way to say "private sales" in most cases. In that case:
  • There are people that do that strictly for profit (illegal)
  • People that do it for upgrades (legal)
  • People that do it to liquidate a collection to pay for unexpected bills (legal)
  • Disposing of inherited arms or whatever (legal)
There are others, but those are generally the ones recognized in the latest ATF guidance that I saw.
 

DavidMcMillan

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Confused, I have had to get a background check on everything I have purchased at a gun show. Even did one last month when I went to a vendors house to purchase one. How is this a "loophole"?

Very simple. You actually bought from legit dealers, and not from any of the multiple individuals selling from their "personal collection"
 

DavidMcMillan

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Yeah "gunshow" loophole is really just a way to say "private sales" in most cases. In that case:
  • There are people that do that strictly for profit (illegal)
This is the one I am referring to. The individuals that have multiple tables, at every show, usually with big signs denoting "private collection", are the primary source of the loophole designation. They are not only engaging in an illegal act of selling as a business, but most also are not paying sales tax. We demand constitutional compliance t the 2A, and hopefully the rest of the Constitution, but we turn our eyes away from other acts that we know are illegal under current laws.
 

corneileous

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I don’t know where I stand on whether the gun show loophole actually exists or not but at least one thing about it, if a felon walks into a gun show looking to buy a gun that he can’t buy legally at a gun shop, he can get away with buying one from a private dealer of background checks aren’t required for private gun sales but, if you make it to where every gun sale requires a background check then that’s just one less place a felon won’t go.


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MacFromOK

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Well, actually there is, but maybe the name we apply isn't correct. I know of a few fine folks that have sold thousands of firearms over the years strictly for profit, primarily at gun shows, but also at their job, on military reserve weekends and other training. It should be legal, but currently is not. And I'm sure that everyone of us know of folks like this, making a small business out of a hobby, and we have no problem with them doing it. However, we must be honest and admit there is a "gunshow loophole". We may want to call it something else, but we cannot defend our stance on 2A with false statements.
The part I added bold lettering to, is where the rub comes in.

If our government actually adhered to "shall not be infringed," then buying/selling firearms would be no different from any other items at garage sales or trades days.

But if that were the case, there would be no Federal or State invlovement at all... :/

It's all incredibly frustrating.
:drunk2:
 

Rez Exelon

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I don’t know where I stand on whether the gun show loophole actually exists or not but at least one thing about it, if a felon walks into a gun show looking to buy a gun that he can’t buy legally at a gun shop, he can get away with buying one from a private dealer of background checks aren’t required for private gun sales but, if you make it to where every gun sale requires a background check then that’s just one less place a felon won’t go.


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That's still unfair to call it a "gunshow loophole" because in that example the same person could come here and buy something. Go to Armslist and buy something. The whole "gunshow" thing is just because it's a high visibility place where a lot of trading/buying/selling takes place.
 

Glocktogo

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That would be just as crazy... who would be stupid enough to give all their personal private information (including SSN) to some yahoo in a parking lot who is under no rules, no obligation to protect their personal information, no oversight, etc.? I mean, no way in hell I'd do it, but I am sure there are plenty of people out there who would. Just nuts. No, private citizens don't even have access to the stolen gun registry, ain't no way they're gonna get NICS access.

You don’t have to give your SSN to do a NICS check, but even full name, dob, address and DL number are enough to do substantial fraud on your identity. SPII is not something you want to hand out willy nilly to strangers in parking lots.
 

DavidMcMillan

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Just words.....same result. Could just as easy be called the Private Sales Loophole.

we are all real quick to recite, “what part of shall not infringe do you not understand”, but we need to answer, "what part of the entire Constitution do I not understand?”

Those other parts of the Constitution provide the process for changing the laws we don’t feel are correct. The “other side” has gotten real good at using those processes to get the changes they want. We need to get more involved. Sending money to OK2A, GOA, NRA, those are good things to do, but it’s going to take more of our individual time and conversations to get things moving in new directions.
 
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