Gun show loophole

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This article is about a U.S. political concept. For information about U.S. gun shows themselves, see Gun shows in the United States.

Etymological Events

http://soaznewsx.com/The-Fat/ID/1729/Gun-Show-Loophole-claims-misrepresent-facts - https://en.wikipedia.org/wiki/Ruby_Ridge#The_siege_and_controversy

http://www.cbsnews.com/news/survey-gun-laws-and-gun-violence/

Darknipples (talk) 01:52, 26 June 2014 (UTC)

References

The gun show loophole is a term that refers to an exception to United States law, under the terms of the Firearm Owners Protection Act of 1986 (FOPA), that allows individuals who are "not engaged in the business" of dealing firearms, or who only make "occasional" sales within their state of residence, not to have to run background checks on potential buyers of their firearms.[1] (Though 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.)[2]

By definition, a loophole is considered a "weakness" that allows a system or law to be circumvented. https://en.wikipedia.org/wiki/Loophole_%28disambiguation%29 " The term "Gun Show Loophole" refers mainly to the Firearm Owners Protection Act. The main lobbying group of this law, was the National Rifle Association. The NRA's goal in helping to enact FOPA was, at least in part, "to weaken" existing gun laws at that time, namely, the 1968 Gun Control Act. https://en.wikipedia.org/wiki/National_Rifle_Association#Shift_to_politics Darknipples (talk) 01:00, 26 June 2014 (UTC)

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.[3][4] They challenge federal jurisdiction in intrastate transactions between private parties, which they say exceeds the federal power created by the Commerce Clause.[5]

Legislation

In July 2009, Representatives Michael Castle and Carolyn McCarthy introduced the Gun Show Loophole Closing Act of 2009 (H.R. 2324)[6] 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.

As of August 2013, 17 U.S. states had closed background check loopholes at gun shows in their states.[7] 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.[8][9]


Controversy

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.[10][11]


Further reading

  • Cooper, Michael; Schmidt, Michael S.; Luo, Michael (2013-04-10). "Loopholes in Gun Laws Allow Buyers to Skirt Checks". New York Times.
  • Kessler, Glenn (2013-01-21). "The stale claim that 40 percent of gun sales lack background checks". Washington Post (blog).
  1. ^ "Firearms Trafficking: U.S. Efforts to Combat Arms Trafficking to Mexico Face Planning and Coordination Challenges" (PDF). gao.gov. United States Government Accountability Office (GAO). June 2009. p. 27. GAO-09-709. Retrieved June 24, 2014.
  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. ^ Rucker, Philip (2013-08-05). "Study finds vast online marketplace for guns without background checks". Washington Post. Retrieved 2014-06-24.
  8. ^ "2008 Brady Campaign State Scorecard" (PDF). West Virginia Public Broadcasting.
  9. ^ "Brady Background Checks: Gun Show Loophole: Frequently Asked questions". 2009-09-27. Archived from the original on 2009-09-27.
  10. ^ Lind, Michael (June 6, 2011). "Should the U.S. seek to improve relations with Iran?". The Washington Post.
  11. ^ 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.

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