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

A WASR-10 rifle offered for sale at a gun show by a private seller
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The gun show loophole is the absence of federal law mandating background checks in the United States for private sales of firearms by persons without a federal firearms license (FFL), as is required for commercial sales under the Brady Handgun Violence Prevention Act. Along with federal requirements for firearms purchases, there are also state laws regulating the purchase of firearms.[1] The term gun show loophole does not exclusively refer to gun shows and may be used synonymously with the term private sale exemption under U.S. federal gun law. Prior to the Bipartisan Safer Communities Act, according to the private sale exemption, anyone not "engaged in the business" of selling firearms was not required to obtain a background check on buyers seeking to purchase firearms from a seller's private collection. In addition, the seller couldn't know or have cause to believe that the buyer was prohibited from possessing firearms.[2][3][4][5][6]

Advocates for gun rights find the "gun show loophole" terminology dubious, since the applicable law says nothing that is specifically about gun shows. They argue that current laws provide rules for commercial gun sellers more broadly, and intentionally do not regulate non-commercial, intrastate transfers of legal firearms between private citizens, regardless of whether the transactions occur at gun shows or somewhere else. Gun control advocates argue that the definition of who is "engaged in the business" of firearms sales is overly narrow and that this has allowed habitual arms traders to claim that they fall within the private sales exemption, and since the mid-1990s, have campaigned for requiring universal background checks.[7][8] Such a change, although sometimes described as a way to "close the gun show loophole", would affect sales in a more broad context, not just those at gun shows.[neutrality is disputed][citation needed]

Federal law requires FFL holders, such as gun stores, pawn shops, outdoors stores and other licensees, to perform a background check of the buyer and keep a record of the sale, regardless of whether the sale takes place at the seller's regular place of business or at a gun show. Firearm sales between private individuals who reside in the same state – that is, sales in the "secondary market” and with an unlicensed dealer – are exempt from these federal requirements. According to a statement by the United States Department of Justice in 2024, unlicensed dealers are a significant source of firearms that are illegally trafficked into communities.[9]

Twenty-one U.S. states and the District of Columbia have laws that require background checks for some or all private sales, including sales at gun shows. In some of these states, such non-commercial sales also must be facilitated through a federally licensed dealer, who performs the background check and records the sale. In other states, gun buyers must first obtain a license or permit from the state, which performs a background check before issuing the license (thus typically not requiring a duplicative background check from a gun dealer).

Provenance

[edit]

In 1993, Congress enacted the Brady Handgun Violence Prevention Act, amending the Gun Control Act of 1968. "The Brady Law" instituted federal background checks on all firearm purchasers who buy from a dealer who has a federal firearms license (FFL). This law had no provisions for private firearms transactions or sales. The Brady Law originally imposed an interim measure, requiring a waiting period of 5 days before a licensed importer, manufacturer, or dealer may sell, deliver, or transfer a handgun to an unlicensed individual. The waiting period applied only in states without an alternate system that was deemed acceptable of conducting background checks on handgun purchasers. Personal transfers and sales between unlicensed Americans could also still be subject to other federal, state, and local restrictions. These interim provisions ceased to apply on November 30, 1998.[10]

Sometimes referred to as the Brady bill loophole,[11] the Brady law loophole,[12] the gun law loophole,[13] or the private sale loophole,[14][15][16] the "loophole" characterization refers to a perceived gap in laws that address what types of sales and transfers of firearms require records or background checks.[17] 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.[18]

States requiring background checks for private sales

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See also: Universal background check § States with universal background check laws

A number of states have background check requirements beyond federal law. Some states require universal background checks at the point of sale for all transfers, including purchases from unlicensed sellers. Pennsylvania, Michigan, and Nebraska laws in this regard are limited to handguns. Hawaii, Massachusetts and New Jersey require any firearm purchaser to obtain a permit. Illinois started requiring background checks for private sales in 2013;[19] in 2023 the state changed its law to require private sales to go through FFL holders.[20][21] Vermont passed new gun control laws in 2018, one of which requires background checks for private sales.[22] Nevada's revised law went into effect in 2020.[23] Virginia also started requiring background checks in 2020.[24][25]

A majority of these jurisdictions require unlicensed sellers to keep records of firearm sales.

Some states and counties have adopted "Second Amendment sanctuary" resolutions or laws in opposition to universal background check laws.[26][27]

The following table summarizes state laws requiring background checks.

Background checks for private sales (date established)
Background check by FFL required State-issued permit required
All firearms California[citation needed]
Colorado
Connecticut
Delaware
District of Columbia
Illinois
Maryland[28]
Nevada (2020)[23]
New Jersey
New Mexico
New York
Oregon
Rhode Island
Vermont (2018)[22]
Virginia (2020)[24][25]
Washington 		Hawaii
Massachusetts
Handguns Pennsylvania Michigan
Nebraska

History

[edit]
See also: Gun law in the United States § History

In 1968, Congress passed the Gun Control Act (GCA), under which modern firearm commerce operates. The GCA mandated FFLs for those "engaged in the business" of selling firearms, but not for private individuals who sold firearms infrequently.[29][30] Under the Gun Control Act, firearm dealers were prohibited from doing business anywhere except the address listed on their federal firearms license. It also mandated that licensed firearm dealers maintain records of firearms sales.[29] An unlicensed person was only prohibited by federal law from transferring, selling, trading, giving, transporting, or delivering a firearm to any other unlicensed person if they knew or had reasonable cause to believe the buyer did not reside in the same state or was prohibited by law from purchasing or possessing firearms.[31][30]

In 1986, Congress passed the Firearm Owners Protection Act (FOPA), which relaxed certain controls in the Gun Control Act and permitted licensed firearm dealers to conduct business at gun shows.[n 1] Specifically, FOPA made it legal for FFL holders to make private sales, provided the firearm was transferred to the licensee's personal collection at least one year prior to the sale. Hence, when a personal firearm is sold by an FFL holder, no background check or Form 4473 is required by federal law. FFL holders are required to keep a record of such sales in a bound book.[34][35] The United States Department of Justice (USDOJ) said the stated purpose of FOPA was to ensure the GCA did not "place any undue or unnecessary federal restrictions or burdens on law-abiding citizens, but it opened many loopholes through which illegal gun traffickers can slip". The scope of those who "engage in the business" of dealing in firearms (and are therefore required to have a license) was narrowed to include only those who devote "time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms".

FOPA excluded those who buy and sell firearms to "enhance a personal collection" or for a "hobby", or who "sell all or part of a personal collection". According to the USDOJ, this new definition made it difficult for them to identify offenders who could claim they were operating as "hobbyists" trading firearms from their personal collection.[36][37][n 2] Efforts to reverse a key feature of FOPA by requiring criminal background checks and purchase records on private sales at gun shows were unsuccessful.[39][40] Those who sold only at gun shows and wanted to obtain an FFL, which would allow them to conduct background checks, were prohibited from doing so through question 18 on the ATF Form 7 (Application for Federal Firearms License).[41] The April 2019 revision of the Form 7 removed this restriction,[42] allowing them to obtain licenses.

Government studies and positions

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Firearm tracing starts at the manufacturer or importer and typically ends at the first private sale regardless if the private seller later sells to an FFL or uses an FFL for background checks.[43] Analyzing data from a report released in 1997 by the National Institute of Justice, fewer than 2% of convicted criminals bought their firearm at a flea market or gun show. About 12% purchased their firearm from a retail store or pawnshop, and 80% bought from family, friends, or an illegal source.[44] A survey performed by the Bureau of Justice Statistics, published in January 2019, found that fewer than 1% of criminals obtained a firearm at a gun show (0.8%).[45]

Under Chapter 18 Section 922 of the United States Code it is unlawful for any person "except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms".

The federal government provides a specific definition of what a firearm dealer is. Under Chapter 18 Section 921(a)(11), a dealer is...

(A) any person engaged in the business of selling firearms at wholesale or retail, (B) any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms, or (C) any person who is a pawnbroker.[5]

According to a 1999 report by the ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives), legal private party transactions contribute to illegal activities, such as arms trafficking, purchases of firearms by prohibited buyers, and straw purchases.[46] Anyone selling a firearm is legally prohibited from selling it to anyone the seller knows or has reasonable cause to believe is prohibited from owning a firearm. FFL holders, in general, can only transfer firearms to a non-licensed individual if that individual resides in the state where the FFL holder is licensed to do business, and only at that place of business or a gun show in their state.[36][30][31]

The January 1999 report said that more than 4,000 gun shows are held in the U.S. annually.[36]: 1  Also, between 50 and 75 percent of gun show vendors hold a federal firearms license, and the "majority of vendors who attend shows sell firearms, associated accessories, and other paraphernalia".[36]: 4  The report concluded that although most sellers at gun shows are upstanding people, a few corrupt sellers could move a large quantity of firearms into high-risk hands.[36]: 17  They stated that there were gaps in current law and recommended "extending the Brady Law to 'close the gun show loophole.'"[37]

In 2009 the U.S. Government Accountability Office published a report citing that many firearms trafficked to Mexico may be purchased through these types of private transactions, by individuals who may want to avoid background checks and records of their firearms purchases.[47][n 3] Proposals put forth by United States Attorneys, which were never enacted, include:[36]: 17 

  • Allowing only FFL holders to sell guns at gun shows, so a background check and a firearms transaction record accompany every transaction
  • Strengthening the definition of "engaged in the business" by defining the terms with more precision, narrowing the exception for "hobbyists", and lowering the intent requirement
  • Limiting the number of individual private sales to a specified number per year
  • Requiring persons who sell guns in the secondary market to comply with the record-keeping requirements applicable to federal firearms license holders
  • Requiring all transfers in the secondary market to go through a federal firearms license holder
  • Establishing procedures for the orderly liquidation of inventory belonging to FFL holders who surrender their license
  • Requiring registration of non-licensed persons who sell guns
  • Increasing the punishment for transferring a firearm without a background check, as required by the Brady Act
  • Requiring gun show promoters to be licensed, maintaining an inventory of all the firearms that are sold by FFL holders and non-licensed sellers at gun shows
  • Requiring one or more ATF agents be present at every gun show
  • Insulating unlicensed vendors from criminal liability if they agree to have purchasers complete a firearms transaction form

Executive branch

[edit]

On November 6, 1998, U.S. President Bill Clinton issued a memorandum for the Secretary of the Treasury and the Attorney General expressing concern about sellers at gun shows not being required to run background checks on potential buyers.[49] He called this absence a "loophole" and said that it made gun shows prime targets for criminals and gun traffickers. He requested recommendations on what actions the administration should take, including legislation.[36][49]

During his campaign and presidency, President George W. Bush endorsed the idea of background checks at gun shows. Bush's position was that the gun show loophole should be closed by federal legislation since the gun show loophole was created by previous federal legislation.[50][51][52] President Bush ordered an investigation by the U.S. Departments of Health, Education, and Justice in the wake of the Virginia Tech shooting in order to make recommendations on ways the federal government can prevent such tragedies. On January 8, 2008, he signed the NICS Improvement Amendments Act of 2007 (NIAA) into law.[53] Goals and objectives that the NIAA sought to address included:

The gap in information available to NICS about such prohibiting mental health adjudications and commitments. Filling these information gaps will better enable the system to operate as intended, to keep guns out of the hands of persons prohibited by federal or state law from receiving or possessing firearms.[54]

At the beginning of 2013, President Barack Obama outlined proposals regarding new gun control legislation asking Congress to close the gun show loophole by requiring background checks for all firearm sales.[55][56][57] Closing the gun show loophole became part of a larger push for universal background checks to close "federal loopholes on such checks at gun shows and other private sales".[58]

After the 2019 Dayton shooting and 2019 El Paso shooting President Donald Trump expressed an interest in tighter background checks for gun purchases.[59][60] After the shootings president Trump posted a response on social media:

"We cannot let those killed in El Paso, Texas, and Dayton, Ohio, die in vain. Likewise for those so seriously wounded. We can never forget them, and those many who came before them. Republicans and Democrats must come together and get strong background checks, perhaps marrying this legislation with desperately needed immigration reform. We must have something good, if not GREAT, come out of these two tragic events!"[61]

After the Midland–Odessa shootings, in which the gunman had purchased a rifle through a private seller after a previous federal background check prevented him from purchasing a gun in 2014,[62] Trump was quoted saying:

"For the most part, sadly, if you look at the last four or five (shootings) going back even five or six or seven years … as strong as you make your background checks, they would not have stopped any of it”.[63][64][65]

In the wake of the March 2021 Boulder shooting President Joe Biden said at a press conference that the US Senate should pass legislation, namely H.R. 8 and H.R. 1446, to close loopholes in background checks required for purchasing firearms.[66]

Legislation

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Federal "gun show loophole" bills were introduced in seven consecutive Congresses: two in 2001,[67][68] two in 2004,[69][70] one in 2005,[71] one in 2007,[72] two in 2009,[73][74] two in 2011,[75][76] and one in 2013.[77] Specifically, seven gun show "loophole" bills were introduced in the U.S. House and four in the Senate between 2001 and 2013. None passed. In May 2015 Carolyn Maloney introduced H.R.2380, also referred to as the Gun Show Loophole Closing Act of 2015. It was referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.[78][79] In March 2017, representative Maloney also introduced H.R.1612, referred to as the Gun Show Loophole Closing Act of 2017. In January 2019 she sponsored H.R.820 – the Gun Show Loophole Closing Act of 2019.[80][81] She again reintroduced it in 2021[82] and Rep. Mark Takano reintroduced it in 2023, when it was referred to the House Committee on the Judiciary[83]

In 2023, the Bipartisan Safer Communities Act (BSCA) was passed, which after interpretation by the United States Department of Justice, partly closed the gun show loophole.[84][85] In August 2023, the U.S. Justice Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives proposed new federal rules to clarify regulations for firearms sellers at gun shows, flea markets and for online firearms transactions. The new rules would require sellers to obtain specific approvals and run background checks for firearm sales. If approved, the proposed rules would affect how guns are sold and expand background check requirements in the United States.[86][87]

The BATFE (ATF) addresses new guidelines included in the Bipartisan Safer Communities Act, noting that "Federal law does not establish a 'bright-line' rule for when a federal firearms license is required. As a result, there is no specific threshold number or frequency of sales, quantity of firearms, or amount of profit or time invested that triggers the licensure requirement. Instead, determining whether you are 'engaged in the business' of dealing in firearms requires looking at the specific facts and circumstances of your activities. Courts have upheld convictions for dealing without a license when as few as two firearms were sold, or when only a single transaction took place, when other factors were also present."[88]

Notable opinions

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In 1996, the Violence Policy Center (VPC) released Gun Shows in America: Tupperware® Parties for Criminals, a study that identified problems associated with gun shows.[89] The VPC study documented the effect of the 1986 Firearms Owners' Protection Act in regard to proliferation of gun shows, which resulted in "a readily available source of weapons and ammunition for a wide variety of criminals, as well as Timothy McVeigh and David Koresh".[90][91] According to the VPC, the utility of gun shows to dangerous individuals stems primarily from the exemption enjoyed by private sellers from the sales criteria of the Brady law as well as the absence of a background check.[92] The director of the program which is located at the UC Davis, Garen J. Wintemute, wrote, "There is no such loophole in federal law, in the limited sense that the law does not exempt private-party sales at gun shows from regulation that is required elsewhere."[93]: 104  According to Wintemute,

The fundamental flaw in the gun show loophole proposal is its failure to address the great majority of private-party sales, which occur at other locations and increasingly over the Internet at sites where any non-prohibited person can list firearms for sale and buyers can search for private-party sellers.[93]

On May 27, 1999 Wayne LaPierre, executive vice president of the National Rifle Association of America (NRA), testified before the House Judiciary Subcommittee on Crime, saying: "We think it is reasonable to provide mandatory, instant criminal background checks for every sale at every gun show. No loopholes anywhere for anyone." LaPierre has since said that he is opposed to universal background checks.[94][95]: 118 

In 1999, Dave Kopel, attorney and gun rights advocate for the NRA, said: "gun shows are no 'loophole' in the federal laws", and that singling out gun shows was "the first step toward abolishing all privacy regarding firearms and implementing universal gun registration".[96] In January 2000, Kopel said that no proposed federal law would have made any difference at Columbine since the adults who supplied the weapons were legal purchasers.[97]

In 2009, Nicholas J. Johnson of the Fordham University School of Law, wrote:

Criticisms of the "gun show loophole" imply that federal regulations allow otherwise prohibited retail purchases ("primary market sales") of firearms at gun shows. This implication is false. The real criticism is leveled at secondary market sales by private citizens.[98][failed verification]

In a 2010 statement from the Brady Campaign to Prevent Gun Violence: "Because of the gun show loophole, in most states prohibited buyers can walk into any gun show and buy weapons from unlicensed sellers with no background check. Many of these gun sellers operate week-to-week with no established place of business, traveling from gun show to gun show."[99]: 5 

In 2013, the NRA said that a universal background check system for gun buyers is both impracticable and unnecessary, but an effective instant check system that includes records of persons adjudicated mentally ill would prevent potentially dangerous people from getting their hands on firearms.[100] The group argues that only 10 percent of firearms are purchased via private sellers. They also dispute the idea that the current law amounts to a gun-show loophole, pointing out that many of the people selling at gun shows are federally licensed dealers.[101] The group has stated in the past that: gun control supporters' objectives are to reduce gun sales and register guns, and that there is no "loophole", but legal commerce under the status quo (like book fairs or car shows).[38][102]

In 2016, a study published in The Lancet reported that state laws only requiring background checks or permits for gun sales at gun shows were associated with higher rates of gun-related deaths. The same study also found that state laws that required background checks for all gun sales were strongly associated with lower rates of gun-related deaths.[103] Also that year Gabriel J. Chin, professor at UC Davis School of Law, stated that since there are no clear stipulations for the number of firearms sold before someone is required to be federally licensed and that since gun shows are usually held on weekends, "there is room for someone to claim 'this is a hobby or part of my collection' when it is also a substantial business."[104]

Closing the gun show loophole through universal background checks enjoys high levels of public support.[105][106][107]

A position paper submitted to the Annals of Internal Medicine from the American College of Physicians in 2018 stated, "The Gun show loophole should be closed to ensure that prohibited purchasers, such as felons, persons who have been involuntarily committed for mental illness or are otherwise 'adjudicated mentally defective', and others who are prohibited from owning firearms, cannot make purchases."[108]

A PolitiFact article published in 2016 noted that several experts agreed "the phrase 'gun show loophole' is an inaccurate way to describe the gap in the law."[109]

State-level pro-gun lobbies oppose the framing of the issue since it "criminalizes the right to buy and sell lawful private property". In 2021, Wisconsin Gun Owners, Inc., a Second Amendment lobbying organization, opposed a ban on Wisconsin gun shows. The organization argued the ban was unjustified according to statistics and research that amounted to discrimination against gun owners.[110]

Contributing events

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After the Columbine High School massacre on April 20, 1999, gun shows and background checks became a focus of national debate in the United States.[111][112][113] The Columbine shooters had obtained the guns via a straw purchase through private sellers at gun shows.[114] [115] Weeks after the shooting, Frank Lautenberg introduced a proposal to close the gun show loophole in federal law. It was passed in the Senate, but did not pass in the House.[116]

The Virginia Tech shooting on April 16, 2007, again brought discussion of the gun show loophole to the forefront of U.S. politics, even though the shooter passed a background check and purchased his weapons legally at a Virginia gun shop via a Wisconsin-based Internet dealer.[117][118] Previously, in December 2005, a Virginia judge had directed the Virginia Tech gunman to undergo outpatient treatment, but because he was treated as an outpatient, Virginia did not send his name to the National Instant Criminal Background Check System (NICS). On April 30, 2007, Tim Kaine, the Governor of Virginia, issued an executive order intended to prohibit the sale of guns to anyone found to be dangerous and forced to undergo involuntary mental health treatment.[119] He called on lawmakers to close the gun show loophole.[120] A bill to close the gun show loophole in Virginia was submitted, but eventually failed.[121] Since then, Virginia lawmakers' efforts to close the gun show loophole were continuously blocked by gun rights advocates.[119] The governor wrote:

I was disappointed to see the Virginia legislature balk, largely under pressure from the NRA, at efforts to close the gun-show loophole that allows anyone to buy weapons without any background check. That loophole still exists.[122]

After the July 2012 Aurora, Colorado shooting in Colorado,[123] the October 2012 Azana Spa shooting in Wisconsin,[124][125] and the December 2012 Sandy Hook Elementary School shooting involving weapons legally purchased and owned by the shooter's mother,[126]: 16 [127] debates regarding the gun show loophole resumed.[128] After the Aurora shooting, then-president of the NRA, David Keene, said that such tragedies are often exploited by the media and politicians. He said, "Colorado has already closed the so-called 'loophole' and the killer didn't buy his guns at a gun show."[129] The handgun in the Azana Spa shooting was purchased legally in a private transaction, not at a gun show.[130]

After the Charleston church shooting in 2015 raised the topic of background checks, former president Obama took executive actions in effort to close the gun show loophole.[131][132][133] In accordance with The Brady Act and certain state's laws, licensed gun dealers may complete firearm sales with an incomplete background check after three days. The result of the background check in this case is technically referred to as a default proceed, which does not involve a private sale. The perpetrator was prohibited from purchasing a firearm but was able to complete the purchase of a gun used in the attack through a licensed seller when his background check remained incomplete after the required three day waiting period. After the Charleston attack, the three day default proceed provision also came to be known as a Charleston loophole.[134][135][136] In a statement during the aftermath of the shooting, former FBI Director James Comey told reporters the shooter should have been denied, but the data was added incorrectly into the (NICS) database.[137]

See also

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  • Boyfriend loophole, a lack of regulation of firearms purchases by stalkers and non-cohabitant, non-spouse romantic partners
  • Homemade firearm, also known as "ghost guns", firearms manufactured by unlicensed private parties

Notes

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  1. ^ According to the Council on Foreign Relations and a news report posted on the National Center for Policy Analysis' website, gun control advocates maintain that the gun show loophole appeared and was codified in FOPA.[32][33]
  2. ^ The National Rifle Association of America (NRA) says that the purpose of FOPA was to reduce burdens on gun dealers and record-keeping on gun owners. Chris W. Cox, chief lobbyist for the NRA Institute for Legislative Action, said: "To be sure, it's not a 'loophole', because FOPA made clear no license is required to make occasional sales, exchanges or purchases of firearms for the enhancement of a personal collection or for a hobby. What some refer to as a 'loophole' is actually federal law."[38]
  3. ^ A report released in 2009 discussed the role that gun shows play in trafficking to Mexico.[48]

References

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  1. ^ "unlicensed-persons FAQ". Bureau of Alcohol, Tobacco, Firearms and Explosives. Retrieved April 18, 2017.
  2. ^ "To whom may an unlicensed person transfer firearms under the GCA?". www.atf.gov. Retrieved April 8, 2021.
  3. ^ "Top 10 Frequently Asked Firearms Questions and Answers". Department of Alcohol, Tobacco, and Firearms. December 12, 2014. Retrieved December 12, 2015.
  4. ^ Hale, Steven (January 13, 2013). "Gun shows, Internet keep weapons flowing around background checks". Nashville City Paper. Archived from the original on January 15, 2013. Retrieved August 2, 2015.
  5. ^ a b 18 U.S.C. § 921: Definitions
  6. ^ "Federal Firearms Licenses". BATFE. June 27, 2023. Retrieved June 9, 2024.
  7. ^ Goddard, Andrew (January 1, 2009). "A View through the Gun Show Loophole". Richmond Journal of Law and the Public Interest. 12 (4): 357–361.
  8. ^ Oppel Jr., Richard A.; Hassan, Adeel (August 13, 2019). "How Online Gun Sales Can Exploit a Major Loophole in Background Checks". The New York Times.
  9. ^ "Justice Department Announces Publication of Third Volume of National Firearms Commerce and Trafficking Assessment". United States Department of Justice Office of Public Affairs. April 4, 2024. Retrieved August 31, 2024.
  10. ^ "ATF: Brady Law". Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). 2015. Archived from the original on September 26, 2014.
  11. ^ Cole, Richard (December 20, 1993). "Brady bill loophole removes waiting: Private gun-owners can sell their guns to anyone". The News. Boca Raton, Florida. Associated Press. Retrieved February 16, 2015.
  12. ^ Pianin, Eric; Eilperin, Juliet (June 18, 1999). "House Votes to Weaken Senate Gun Show Checks". The Washington Post. Retrieved February 16, 2015.
  13. ^ Cole, Richard (December 26, 1993). "Gun Law Loophole Allows Immediate Delivery, No Background Checks : Arms: Private owners can sell their weapons legally anytime, to anyone. Shows are a common sales venue". Los Angeles Times. Associated Press. Archived from the original on February 17, 2015. Retrieved February 16, 2015.
  14. ^ Fisher, Kristin (December 15, 2011). "Illegal Internet Gun Sales are Soaring in Virginia". WUSA9. Archived from the original on February 8, 2015. Retrieved February 7, 2015. These Internet sales really are the new gun shows.
  15. ^ Shapiro, Eliza (November 29, 2012). "Gun-Control Lobby Targets Obama, Demands Reform". Daily Beast.
  16. ^ More private sale loophole sources:
  17. ^ Hale, Steven (January 13, 2013). "Gun shows, Internet keep weapons flowing around background checks". Archived from the original on January 15, 2013. Retrieved August 2, 2015.
  18. ^ Wintemute, Garen (February 2013). Background Checks for Firearm Transfers (PDF). Violence Prevention Research Program, University of California, Davis. pp. 34–5.*"Background checks, permanent records needed for all firearm transfers, not just gun sales by retailers". UC Davis Health (Press release). February 20, 2013. Archived from the original on May 9, 2013.
  19. ^ Chumley, Cheryl K. (August 19, 2013). "Illinois Passes Gun Law Requiring Citizen Sellers to Do Background Checks". The Washington Times. Retrieved November 9, 2016.
  20. ^ Howard, Meredith (January 11, 2023). "How Will Illinois Law Banning Some Firearms Affect Gun Owners? Answers to Top Questions". Belleville News-Democrat. Archived from the original on January 11, 2023. Retrieved January 13, 2023. The law requires universal background checks for all private gun sales by July 1, moving up the previous deadline of January 2024.
  21. ^ "Gov. Pritzker Signs Legislation Banning Assault Weapons and Sale of High-Capacity Magazines". Illinois.gov. January 10, 2023. Retrieved July 1, 2023. House Bill 5471 also codifies the Illinois State Police's internet-based system for reporting stolen firearms and enhances security around certain gun transfers by requiring such exchanges taking place after July 1, 2023 to be filed with a federally licensed firearms dealer and extending the record-keeping time from 10 to 20 years.
  22. ^ a b McCullum, April (April 10, 2018). "Gov. Scott Signs Vermont Gun Bills: When New Steps Take Effect". Burlington Free Press. Retrieved April 13, 2018.
  23. ^ a b Russell, Terri (February 15, 2019). "Background Checks for Private Gun Sales Bill Signed". KOLO-TV. Retrieved February 16, 2019.
  24. ^ a b Stracqualursi, Veronica (April 10, 2020). "Virginia Governor Signs Background Checks, 'Red Flag' and Other Gun Control Bills into Law". CNN. Retrieved April 10, 2020.
  25. ^ a b Moomaw, Graham (March 7, 2020). "Virginia General Assembly Passes Bills to Require Background Checks on All Gun Sales, Restore One-Handgun-a-Month Law". Virginia Mercury. Retrieved April 10, 2020.
  26. ^ Hudetz, Mary (March 8, 2019). "New Mexico Governor Enacts Expanded Gun Background Checks". Las Cruces Sun-News. Associated Press. Retrieved March 9, 2019.
  27. ^ Gutman, David (February 12, 2019). "Sheriffs Who Don't Enforce Washington's New Gun Law Could Be Liable, AG Bob Ferguson Says". The Seattle Times. Retrieved April 24, 2019.
  28. ^ Gaskill, Hannah (February 9, 2021). "Senate Votes to Override Hogan Veto of Bill to Expand Background Checks for Long Guns". Maryland Matters. Retrieved November 9, 2024.
  29. ^ a b Wintemute, Garen J.; Braga, Anthony A.; Kennedy, David M. (August 5, 2010). "Private-Party Gun Sales, Regulation, and Public Safety". The New England Journal of Medicine. 363 (6): 508–11. doi:10.1056/NEJMp1006326. PMID 20592291.
  30. ^ a b c 18 U.S.C. § 922: Unlawful acts
  31. ^ a b 27 CFR 478.30 Out-of-State disposition of firearms by nonlicensees
  32. ^ Masters, Jonathan (July 15, 2013). "U.S. Gun Policy: Global Comparisons" (PDF). cfr.org. Retrieved March 11, 2022.
  33. ^ Steele, Cameron (February 15, 2013). "Sheriff Bailey, Chief Monroe: Close gun show loophole". ncpa.org. Archived from the original on January 29, 2015. Retrieved January 29, 2015.
  34. ^ "Firearms - Frequently Asked Questions - Records Required (Licensees)". atf.gov. Retrieved March 7, 2015.
  35. ^ "FFL Newsletter" (PDF). U. S. Department of Justice – Bureau of Alcohol, Tobacco, Firearms and Explosives. February 2011. Retrieved March 6, 2015.
  36. ^ a b c d e f g U.S. Department of the Treasury; U.S. Department of Justice (January 1999). "Gun Shows: Brady Checks and Crime Gun Traces" (PDF). atf.gov. Bureau of Alcohol, Tobacco and Firearms (ATF). Retrieved June 27, 2014.
  37. ^ a b "History of Federal Firearms Laws in the United States Appendix C". justice.gov. Archived from the original on February 4, 2015. Retrieved July 4, 2014.
  38. ^ a b Cox, Chris W. (January 21, 2010). "The War on Gun Shows". nraila.org. National Rifle Association of America Institute for Legislative Action. Retrieved July 6, 2014.
  39. ^ Olinger, David (February 13, 2000). "Dealers live for gun shows". Denverpost.com. Retrieved January 29, 2015.
  40. ^ Baum, Dan (June 8, 2000). "What I saw at the gun show". Rolling Stone. Retrieved January 30, 2015.
  41. ^ "Application for Federal Firearms License – Revised May 2005" (PDF). City of Hayward. Retrieved March 11, 2022.
  42. ^ "Application for Federal Firearms License – Revised October 2020". Bureau of Alcohol, Tobacco, Firearms and Explosives. Retrieved March 11, 2022.
  43. ^ "National Tracing Center". Firearms tracing is the systematic tracking of the movement of a firearms recovered by law enforcement officials from its first sale by the manufacturer or importer through the distribution chain (wholesaler/retailer) to the first retail purchaser.
  44. ^ Harlow, Caroline Wolf (November 2001). "Firearm Use by Offenders" (PDF). Bureau of Justice Statistics. U.S. Department of Justice. Archived (PDF) from the original on January 6, 2015. Retrieved February 10, 2015.
  45. ^ Source and Use of Firearms Involved in Crimes: Survey of Prison Inmates, 2016 (PDF). Bureau of Justice Statistics (Report). January 2019. pp. 1, 18. NCJ251776.
  46. ^ "Gun Shows:Brady checks and crime gun traces" (PDF). atf.gov. The department of justice & The department of treasury. Retrieved March 4, 2015.
  47. ^ "Following the Gun: Enforcing Federal Laws Against Firearms Traffickers" (PDF). Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). June 2000. Archived from the original (PDF) on March 31, 2003.
  48. ^ "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. GAO-09-709. Archived (PDF) from the original on July 24, 2012. Retrieved June 24, 2014.
  49. ^ a b Clinton, William J. (November 6, 1998). "Memorandum on Preventing Firearms Sales to Prohibited Purchasers" (PDF). gpo.gov.
  50. ^ Duggan, Paul (March 16, 2000). "Gun-Friendly Governor". The Washington Post. Retrieved September 12, 2015.
  51. ^ Baum, Dan (July 6, 2000). "Bush & Guns: The art of the double deal". rollingstone.com. Retrieved September 9, 2015.
  52. ^ Yardley, Jim (August 7, 2000). "The 2000 Campaign: The Gun Issue; Bush Stand Is Used to Turn Election Into a Showdown". The New York Times. Retrieved September 10, 2015.
  53. ^ "The NICS Improvement Amendments Act of 2007". bjs.gov. Bureau of Justice. Retrieved September 16, 2015.
  54. ^ "Report to the President on issues raised by the Virginia Tech tragedy" (PDF). justice.gov. Retrieved September 16, 2015.
  55. ^ Spetalnick, Matt; Mason, Jeff (January 16, 2013). "Obama's sweeping gun control agenda: Assault weapons ban, mandatory background checks". Chicago Tribune. Archived from the original on October 7, 2015. Retrieved September 14, 2015.
  56. ^ "Now Is the Time: The President's Plan to Protect our Children and our Communities by Reducing Gun Violence" (PDF). The Washington Post. Retrieved September 14, 2015.
  57. ^ Halloran, Liz (January 16, 2013). "Even Post-Sandy Hook, Politics Suggest Prospects Dim For Obama's Gun Plan". npr.org. National Public Radio. Retrieved September 14, 2015.
  58. ^ Martinez, Michael (January 28, 2013). "'Universal background check:' What does it mean?". CNN. Retrieved July 7, 2014.
  59. ^ Jill Colvin, Laurie Kellman (August 21, 2019). "Trump: Again open to strengthening gun background checks". Associated Press. Retrieved March 11, 2022.
  60. ^ Watson, Kathryn (August 21, 2019). "Trump says gun deaths are a public health emergency but his solutions are ambiguous". CBS News. Retrieved March 11, 2022.
  61. ^ Thomas, Elizabeth (August 5, 2019). "A timeline of Trump's record on gun control reform". ABC News. Retrieved March 11, 2022.
  62. ^ "Texas shooter got gun at private sale; denied in 2014 check". AP News. September 3, 2019. Retrieved December 17, 2023.
  63. ^ Buncombe, Andrew (September 1, 2019). "Texas shooting: Trump claims background checks would not have stopped any mass shootings in past seven years". The Independent.
  64. ^ Law, Tara (September 4, 2019). "A Legal Loophole Let the Odessa Shooter Get a Weapon. Millions of Guns Change Hands That Way". Time. Retrieved October 18, 2024.
  65. ^ "Texas shooter got gun at private sale; denied in 2014 check". AP News. September 3, 2019. Retrieved December 17, 2023.
  66. ^ "President Biden Urges Senate To Pass Bills Closing Loopholes On Background Checks Following Grocery Store Shooting". CBS. March 23, 2021. Retrieved April 14, 2022.
  67. ^ H.R. 2377 Gun Show Loophole Closing and Gun Law Enforcement Act of 2001
  68. ^ S. 890 Gun Show Loophole Closing and Gun Law Enforcement Act of 2001
  69. ^ H.R. 3832 Gun Show Loophole Closing Act of 2004
  70. ^ S. 1807 Gun Show Loophole Closing Act of 2003
  71. ^ H.R. 3540 Gun Show Loophole Closing Act of 2005
  72. ^ H.R. 96 Gun Show Loophole Closing Act of 2007
  73. ^ H.R. 2324 Gun Show Loophole Closing Act of 2009
  74. ^ S. 843 Gun Show Background Check Act of 2009
  75. ^ H.R. 591 Gun Show Loophole Closing Act of 2011
  76. ^ S. 35 Gun Show Background Check Act of 2011
  77. ^ H.R. 141 Gun Show Loophole Closing Act of 2013
  78. ^ Wheeler, Lydia (May 19, 2015). "Bill would require background checks for private sales at gun shows". The Hill. Retrieved September 8, 2015.
  79. ^ "H.R.2380 - Gun Show Loophole Closing Act of 2015". Congress.gov. Congressional Research Service. June 26, 2015. Retrieved September 8, 2015.
  80. ^ "H.R.820". congress.gov. March 25, 2019. Retrieved August 12, 2019.
  81. ^ "H.R.1612". congress.gov. March 31, 2017. Retrieved April 19, 2017.
  82. ^ https://www.congress.gov/bill/117th-congress/house-bill/1006/text
  83. ^ https://www.congress.gov/bill/118th-congress/house-bill/3122/titles
  84. ^ https://www.whitehouse.gov/briefing-room/statements-releases/2024/04/11/fact-sheet-biden-harris-administration-announces-new-action-to-implement-bipartisan-safer-communities-act-expanding-firearm-background-checks-to-fight-gun-crime/
  85. ^ Cole, Devan (August 31, 2023). "Biden administration proposes rule aimed at curbing the 'gun show loophole'". CNN. Retrieved December 15, 2023.
  86. ^ "Justice Department moves to close "gun show loophole"". CBS News. August 31, 2023. Retrieved December 15, 2023.
  87. ^ Stein, Perry (August 31, 2023). "ATF proposes rules that expand who must conduct gun background checks". The Washington Post. ISSN 0190-8286. Retrieved December 15, 2023.
  88. ^ "Do I Need a License to Buy and Sell Firearms? Guide". BATFE. Retrieved November 10, 2023.
  89. ^ "Gun Shows in America – Tupperware® Parties for Criminals". vpc.org. Retrieved September 30, 2015.
  90. ^ "Gun Shows in America Tupperware® Parties for Criminals". VPC.org. VPC. Retrieved August 8, 2015.
  91. ^ "Gun Shows in America Tupperware® Parties for Criminals". VPC.org. VPC. Archived from the original on September 14, 2007. Retrieved August 7, 2015.
  92. ^ "Closing the Gun Show Loophole Principles for Effective Legislation". VPC.org. VPC. Archived from the original on February 2, 2015. Retrieved August 7, 2015.
  93. ^ a b Wintemute, Garen J. (2013). "Comprehensive Background Checks for Firearm Sales: Evidence from Gun Shows". In Webster, Daniel W.; Vernick, Jon S. (eds.). Reducing Gun Violence in America. Johns Hopkins University Press. ISBN 978-1-4214-1110-1. Retrieved July 1, 2014.
  94. ^ Halloran, Liz (January 30, 2013). "LaPierre Fights To Stop The 'Nightmare' Of Background Checks". Archived from the original on October 2, 2015. Retrieved July 28, 2015.
  95. ^ LaPierre, Wayne (May 27, 1999). "Statement of Wayne LaPierre, Executive Vice President, National Rifle Association". commdocs.house.gov (Testimony). Washington, D.C.: Pending Firearms Legislation and the Administration's Enforcement of Current Gun Laws: Hearing Before the Subcommittee on Crime of the Committee of the Judiciary of the House of Representatives One Hundred Sixth Congress First Session. Archived from the original on January 4, 2015. Retrieved July 4, 2014.
  96. ^ Kopel, Dave (July 16, 1999). "Gun Shows Under Attack". nraila.org. National Rifle Association of American Institute for Legislative Action. Retrieved February 5, 2015.
  97. ^ Kopel, David. "The Facts About Gun Shows". Cato Institute. Retrieved July 12, 2016.
  98. ^ Johnson, Nicholas J. (January 13, 2009), Imagining Gun Control in America: Understanding the Remainder Problem, pp. 837–891, retrieved June 24, 2014
  99. ^ Vice, Daniel R.; Long, Robyn; Eftekhari, Elika (January 2010). "President Obama's First Year: Failed Leadership, Lost Lives" (PDF). Brady Campaign to Prevent Gun Violence. Retrieved February 10, 2015.
  100. ^ Sherfinski, David (January 31, 2013). "NRA head wary on background checks, wants better instant check system". The Washington Times. Retrieved July 7, 2014.
  101. ^ Plumer, Brad (January 16, 2013). "Obama wants universal background checks for gun buyers. Is that feasible?". Washingtonpost.com. Retrieved September 14, 2015.
  102. ^ Keefe, Mark A. (October 1, 2009). "The Truth About Gun Shows". nraila.org. National Rifle Association of America Institute for Legislative Action. Retrieved January 29, 2015.
  103. ^ Kalesan, Bindu; Mobily, Matthew E; Keiser, Olivia; Fagan, Jeffrey A; Galea, Sandro (April 2016). "Firearm legislation and firearm mortality in the USA: a cross-sectional, state-level study" (PDF). The Lancet. 387 (10030): 1847–55. doi:10.1016/S0140-6736(15)01026-0. PMID 26972843. S2CID 21415884.
  104. ^ Sherman, Amy (January 7, 2016). "PolitiFact Sheet: 3 things to know about the 'gun show loophole'". Politifact. Retrieved February 23, 2018.
  105. ^ Parker, Kim; Menasce Horowitz, Juliana; Igielnik, Ruth; Oliphant, Baxter; Brown, Anna (June 22, 2017). "America's Complex Relationship With Guns". Pew Research Center. Archived from the original on August 15, 2017. Retrieved March 24, 2018.
  106. ^ Shepard, Steven (February 28, 2018). "Gun control support surges in polls". Politico. Retrieved March 19, 2018. Eighty-eight percent support requiring background checks on all gun sales.
  107. ^ "U.S. Support For Gun Control Tops 2-1, Highest Ever, Quinnipiac University National Poll Finds". Quinnipiac University Polling Institute. February 20, 2018. Retrieved March 20, 2018. Support for universal background checks is itself almost universal, 97 - 2 percent...
  108. ^ Butkus, Renee; Doherty, Robert; Bornstein, Sue S. (October 30, 2018). "Reducing Firearm Injuries and Deaths in the United States: A Position Paper From the American College of Physicians". Annals of Internal Medicine. 169 (10) – via acpjournals.org.
  109. ^ sherman, amy. "PolitiFact Sheet: 3 things to know about the 'gun show loophole'". politifact. Retrieved August 12, 2019.
  110. ^ Leager, Thomas. "Wisconsin Gun Shows". wisconsingunowners.org. Retrieved February 13, 2022.
  111. ^ "The debate on gun policies in U.S. and midwest newspapers". Berkeley Media Studies Group. January 1, 2000.
  112. ^ National Conference of State Legislatures (June 1, 2000). "Colorado After Columbine The Gun Debate". The Free Library by Farlex. Gale Group.
  113. ^ "No Questions Asked: Background Checks, Gun Shows, and Crime" (PDF). Americans for Gun Safety Foundation. April 1, 2001. Archived (PDF) from the original on March 4, 2016. Retrieved January 26, 2015.
  114. ^ Pankratz, Howard (June 24, 2000). "Duran gets 4 1/2-year term". The Denver Post. Archived from the original on March 12, 2015. Retrieved October 15, 2014.
  115. ^ Klebold, Sue (2016). A Mother's Reckoning: Living in the Aftermath of the Columbine Tragedy. WH Allen. p. 84. ISBN 9780753556795.
  116. ^ DuBose, Ben (February 1, 2008). "Senators aim to close gun-show loophole". LA Times. Archived from the original on October 2, 2015. Retrieved September 15, 2015.
  117. ^ "One year after tragedy, debate rages over solutions". USA Today. Associated Press. April 12, 2008. Retrieved January 27, 2015.
  118. ^ Alfano, Sean (April 19, 2007). "Va. Tech Killer Bought 2nd Gun Online". CBS Interactive. Archived from the original on February 5, 2015. Retrieved February 5, 2015.
  119. ^ a b Urbina, Ian (May 1, 2007). "Virginia Ends a Loophole in Gun Laws". The New York Times. Retrieved March 5, 2015.
  120. ^ Halliwell, Naria (April 9, 2009). "Easy Access: $5,000 and One Hour Buys 10 Guns". ABC News. Retrieved March 6, 2015.
  121. ^ Ripley, Amanda (April 15, 2008). "Ignoring Virginia Tech". Time. Retrieved March 6, 2015.
  122. ^ Kaine, Tim. "Tim Kaine: Are we ready to reduce gun violence?". washingtonpost.com. Retrieved March 6, 2015.
  123. ^ Burns, Dan (January 14, 2013). "Aurora shooting victim's mother grieves with Newtown families". Reuters. Retrieved February 2, 2015.
  124. ^ Davis, Stephen; Polcyn, Bryan (November 7, 2013). "Guns for sale: No background check required". fox6now.com. Retrieved January 31, 2015.
  125. ^ Fuchs, Erin (December 19, 2012). "There's A Gaping Loophole In US Gun Laws". businessinsider.com. Archived from the original on December 30, 2012. Retrieved January 31, 2015.
  126. ^ Office of the State's Attorney, Judicial District of Danbury (November 25, 2013). "Sandy Hook Final Report" (PDF). Archived (PDF) from the original on November 25, 2013. Retrieved February 6, 2015.
  127. ^ Childress, Sarah (March 28, 2013). "What Police Found in Adam Lanza's Home". PBS.
  128. ^ Kesling, Ben (December 24, 2012). "Fear of New Restrictions Drives Crowds to Gun Shows". Wall Street Journal. Contributions to article by Jess Bravin. Dow Jones & Company. Archived from the original on February 3, 2015. Retrieved January 19, 2015.
  129. ^ Keene, David (October 1, 2012). "It's Impossible To Legislate Against Evil Or Madness". nrapublications.org. Archived from the original on May 12, 2013. Retrieved February 5, 2015.
  130. ^ Ramde, Dinesh; Bauer, Scott (October 22, 2012). "Wis. shooting brings call for new law on guns". Seattle Times. Archived from the original on February 5, 2015.
  131. ^ Graham, David A. (July 10, 2015). "Why Didn't a Background Check Stop Dylann Roof?". The Atlantic. Retrieved October 16, 2024.
  132. ^ Wheaton, Sarah; Gass, Nick (January 5, 2016). "Obama wipes away tears as he calls for new gun measures". Politico.
  133. ^ Smith, Aaron (June 19, 2015). "This is how easy it is to buy guns in America | CNN Business". CNN. Retrieved October 16, 2024.
  134. ^ Parsons, Christi; Memoli, Michael A. (December 3, 2015). "Obama looks to use executive power to close gun loophole". Los Angeles Times. Retrieved October 16, 2024.
  135. ^ Kates, Graham (February 4, 2021). ""The Charleston loophole": Purchases by people barred from buying guns skyrocketed in 2020 - CBS News". www.cbsnews.com. Retrieved October 16, 2024.
  136. ^ Rhodan, Maya (January 15, 2016). "How the GOP Gun Conversation Played Out In Charleston". TIME. Retrieved October 16, 2024.
  137. ^ Nakashima, Ellen (April 10, 2023). "FBI: Breakdown in background check system allowed Dylann Roof to buy gun". The Washington Post. ISSN 0190-8286. Retrieved October 16, 2024.

Further reading

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