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*sigh*
This again?
There is no such thing as the gun show loophole / nothing at all to do with gun shows. Nada, not a thing. Nothing.
If you purchase a firearm from an FFL, irregardless of the location (of said transaction) the FFL
must confirm that you are legally allowed to purchase the gun. That means the FFL must either run a background check on the prospective buyer via the federal NICS database, or confirm that he or she have passed a background check by examining the state-issued concealed carry permit or the government-issued purchase permit of the prospective buyer. There are zero exceptions to this
federal requirement.
If an individual purchases a gun across state lines — from an individual or FFL which resides in a different state than the buyer — the buyer must undergo a background check, and the sale must be processed by an FFL in the buyer’s home state.
What does exist, however, is a federal exemption for sales between two private, non-FFL residents of the same state. This is totally absent any issues of locality - it can happen wherever. So long as their residency (of state) matches.
There is no other law or regulation (nor the apparatus) , or precedent for any kind of background check, for any purpose for any sale of any item anywhere in the US, within the same state. And why should there be -
interstate commerce is one thing but within the same state?
The 2012 ACA ruling let Roberts force 4 liberal justices of the SC to rule that there was a narrow definition of the commerce clause (but the ACA stood at the time, under the taxing provision of the IRS, since repealed) so even then, 4 liberal high court judges agreed on a
narrow definition of the commerce clause (Scalia's famous line of not being forced to eat broccoli) so even at the federal level this one day might be determined unconstitutional, if appealed. Ironically, he was one of the few conservatives who has said that one day gun issues may yet be regulated.
States are free to do so within their own home state, several do:
For all Firearms:
Background checks for private sales:
These all require a background check by FFL:
California
Colorado
Connecticut
Delaware
District of Columbia
Nevada [a]
New York
Oregon
Rhode Island
Vermont
These all go farther and require a state issued permit for
all firearms:
Hawaii
Illinois
Massachusetts
New Jersey
Maryland and PA require background checks for Handguns and state permits for handguns are required in Iowa, Michigan, Nebraska and NC.
I am not sure where this idea of a gun show loophole started but it beggars disbelief - there is no merit / accuracy to the story, at all.
I think that it started after this vote:
https://www.senate.gov/legislative/L...n=1&vote=00097
Word then started to spread that there was a gun show loophole, there is no such thing nor has there ever been. Ever.
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