User:Mudwater/draft9

Some people, especially gun rights advocates, object to the term "gun show loophole", and say that it is misleading or confusing. These people point out that the lack of a federal requirement for background checks for private sales of firearms is not specific to gun shows. They say that most sellers at gun shows are licensed dealers who are required to run background checks. They also say that there is not a loophole, in the sense of an exploitable ambiguity or exception in a law, as the federal rule was intended to regulate sales by licensed gun dealers and not by private individuals.^[1]^[2]^[3]

^ "Myth vs. Fact". NRA-ILA. Retrieved October 9, 2024. The same laws apply to the same categories of persons, regardless of where or how a firearm sale or transfer takes place. Federal law generally requires all FFLs to conduct a NICS check prior to the transfer of any firearm to an unlicensed person, whether it occurs at the dealer's retail premises or at a gun show....
^ Pichardo, JP (July 8, 2024). ""Engaged in the Business" Rule Does Not Close a "Gun Show Loophole"". Gun Owners of America. Retrieved October 9, 2024. At a House Judiciary Committee hearing, Rep. Thomas Massie stated that 'there is no gun show loophole.' ATF Director Dettelbach replied by saying 'and there never was.' ATF's rule also states: 'The [Justice] Department also notes that the term 'gun show loophole' is a misnomer in that there is no statutory exemption under the GCA [Gun Control Act] for unlicensed persons to engage in the business of dealing in firearms at a gun show, or at any other venue.
^ Cooke, Charles C. W. (April 8, 2021). "Joe Biden Lied About Gun Shows". National Review. Retrieved October 9, 2024. There are no special rules for gun shows. The same set of laws applies to them as applies to, say, your kitchen table: If you are in the business of selling guns, you are federally obliged to run a check. If you are not, you are not — unless your state requires you to. That's it. There's no "loophole" here, and nothing about gun shows that separates them from the broader debate about private sales.

[1] "Myth vs. Fact". NRA-ILA. Retrieved October 9, 2024. The same laws apply to the same categories of persons, regardless of where or how a firearm sale or transfer takes place. Federal law generally requires all FFLs to conduct a NICS check prior to the transfer of any firearm to an unlicensed person, whether it occurs at the dealer's retail premises or at a gun show....

[2] Pichardo, JP (July 8, 2024). ""Engaged in the Business" Rule Does Not Close a "Gun Show Loophole"". Gun Owners of America. Retrieved October 9, 2024. At a House Judiciary Committee hearing, Rep. Thomas Massie stated that 'there is no gun show loophole.' ATF Director Dettelbach replied by saying 'and there never was.' ATF's rule also states: 'The [Justice] Department also notes that the term 'gun show loophole' is a misnomer in that there is no statutory exemption under the GCA [Gun Control Act] for unlicensed persons to engage in the business of dealing in firearms at a gun show, or at any other venue.

[3] Cooke, Charles C. W. (April 8, 2021). "Joe Biden Lied About Gun Shows". National Review. Retrieved October 9, 2024. There are no special rules for gun shows. The same set of laws applies to them as applies to, say, your kitchen table: If you are in the business of selling guns, you are federally obliged to run a check. If you are not, you are not — unless your state requires you to. That's it. There's no "loophole" here, and nothing about gun shows that separates them from the broader debate about private sales.

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