Gun Control Debate: Loopholes, Part II - There Is No “Online Gun Store Loophole”

Liberals have now taken the “gun show loophole” argument into cyberspace. But despite their claims, there is no “online gun store loophole” for gun purchases.

As I wrote previously, despite the failures of any gun legislation to move forward — even the Manchin-Toomey amendment, hailed as a “compromise” that largely addressed expanding background checks, among other provisions — gun control advocates vowed the fight for gun control is not over. We should expect to see many of the recent arguments resurface later this year. Along with the so-called “gun show loophole” exposed here as a fraud, we can also expect to see the so-called “online loophole” again.

It is a myth to claim there is an “online loophole.” This myth is designed to sound scary to those who are ignorant of what the law already requires. A loophole is defined as “A way of escaping a difficulty, especially an omission or ambiguity in the wording of a contract or law that provides a means of evading compliance.” An online loophole could only exist if there were a law meant to restrict gun sales which some were evading by purchasing online.

What does the law say? According to the ATFE, per § 18 U.S.C. 922(a)(3) and (5), 922(d) “A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law.” And per § 18 U.S.C. 922(a)(3) “A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides.” The ATF further clarifies, per § 18 U.S.C. 922(a)(3) and 922(b)(3) “A person not licensed under the GCA [Gun Control Act] and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer.” So the law requires a buyer to buy in his own state or make an in-person purchase in another state; or, if purchased out of state and not in person, for the firearm to ship to a licensed Federal Firearm Licensee (FFL) in the buyer’s state, where it may then be transferred to the buyer. Note that all FFLs must conduct background checks through FBI-run NICS for every purchase, regardless of location.

In plain English this means it it 100% legal to purchase a gun from anyone in the state you live in; it is 100% legal to purchase in another state in-person at a licensed dealer; and it 100% legal to purchase from an out-of-state seller as long as the firearm is shipped to a licensed FFL in your state. This means you can find a gun to buy in paper classified ads, online classified ads, physical store retailers, and online retailers legally already. No loophole exists.

A buyer may legally go to online classified ads or auction sites like Gunbroker, Guns America, or Armslist and order (pay for) a gun, but if the seller is out of state, it must be shipped to a FFL in-state for the transfer (taking physical possession) of the firearm. Failure to do so is already a federal crime per § 18 U.S.C. 924(3)(C). If the seller is in your state, the law stipulates it is perfectly legal for the buyer to meet the seller in person to complete the transfer of the firearm, regardless of whether the parties first got in touch through an online classified, paper classified, met at a local fundraiser, or whatever. It is 100% legal under the law to purchase (pay for), a firearm from an online retailer such as as Atlantic Firearms, Centerfire Systems, or Bud’s Gun Shop, but transfer of the gun must be done via in-state FFL. It is not legal for those retailers to ship the firearm to your front door, like your last order from Amazon.com, however – it must go to a FFL. Shipping it to your front door, and not to a FFL, is already a federal crime.

Many gun control advocates continue to be either ignorant, or willfully ignorant, of what the existing law says in order to perpetrate these myths and scare or dupe the public. This is the basis for the “gun show loophole” and the “online loophole” arguments.
 
Education defeats propaganda. It is critical to examine precisely what the law and federal law enforcement agencies say about these issues.

By Matt MacBradaigh. Matt is a Christian, Husband, Father, Patriot, and Conservative from the Pacific Northwest. Matt writes about the Second Amendment, Gun Control, Gun Rights, and Gun Policy issues and is published on The Bell Towers, The Brenner Brief, PolicyMic. TavernKeepers, and Vocativ.

Follow Me on Twitter: https://twitter.com/2AFight  

Follow Me on Facebook:   https://www.facebook.com/2ndAmendmentFight
 

This article also appears on The Brenner Brief. (Original publication June 13, 2013).

There Is No “Online Gun Store Loophole”

by Matt MacBradaigh | Jun 13, 2013 | Gun Control Facts | 1 comment

Liberals have now taken the “gun show loophole” argument into cyberspace. But despite their claims, there is no “online gun store loophole” for gun purchases.

As I wrote previously, despite the failures of any gun legislation to move forward — even the Manchin-Toomey amendment, hailed as a “compromise” that largely addressed expanding background checks, among other provisions — gun control advocates vowed the fight for gun control is not over. We should expect to see many of the recent arguments resurface later this year. Along with the so-called “gun show loophole” exposed here as a fraud, we can also expect to see the so-called “online loophole” again.

It is a myth to claim there is an “online loophole.” This myth is designed to sound scary to those who are ignorant of what the law already requires. A loophole is defined as “A way of escaping a difficulty, especially an omission or ambiguity in the wording of a contract or law that provides a means of evading compliance.” An online loophole could only exist if there were a law meant to restrict gun sales which some were evading by purchasing online.

What does the law say? According to the ATF, per § 18 U.S.C. 922(a)(3) and (5), 922(d) “A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law.” And per § 18 U.S.C. 922(a)(3) “A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides.” The ATF further clarifies, per § 18 U.S.C. 922(a)(3) and 922(b)(3) “A person not licensed under the GCA [Gun Control Act] and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer.” So the law requires a buyer to buy in his own state or make an in-person purchase in another state; or, if purchased out of state and not in person, for the firearm to ship to a licensed Federal Firearm Licensee (FFL) in the buyer’s state, where it may then be transferred to the buyer. Note that all FFLs must conduct background checks through FBI-run NICS for every purchase, regardless of location.

In plain English this means it it 100% legal to purchase a gun from anyone in the state you live in; it is 100% legal to purchase in another state in-person at a licensed dealer; and it 100% legal to purchase from an out-of-state seller as long as the firearm is shipped to a licensed FFL in your state. This means you can find a gun to buy in paper classified ads, online classified ads, physical store retailers, and online retailers legally already. No loophole exists.

A buyer may legally go to online classified ads or auction sites like Gunbroker, Guns America, or Armslist and order (pay for) a gun, but if the seller is out of state, it must be shipped to a FFL in-state for the transfer (taking physical possession) of the firearm. Failure to do so is already a federal crime per § 18 U.S.C. 924(3)(C). If the seller is in your state, the law stipulates it is perfectly legal for the buyer to meet the seller in person to complete the transfer of the firearm, regardless of whether the parties first got in touch through an online classified, paper classified, met at a local fundraiser, or whatever. It is 100% legal under the law to purchase (pay for), a firearm from an online retailer such as as Atlantic Firearms, Centerfire Systems, or Bud’s Gun Shop, but transfer of the gun must be done via in-state FFL. It is not legal for those retailers to ship the firearm to your front door, like your last order from Amazon.com, however – it must go to a FFL. Shipping it to your front door, and not to a FFL, is already a federal crime.

Many gun control advocates continue to be either ignorant, or willfully ignorant, of what the existing law says in order to perpetrate these myths and scare or dupe the public. This is the basis for the “gun show loophole” and the “online loophole” arguments. Education defeats propaganda. It is critical to examine precisely what the law and federal law enforcement agencies say about these issues.

This article was originally published on Brenner Brief. Original publish date Jun 13, 2013. Original author, Matt MacBradaigh.

Gun Control Debate: Loopholes, Part I - There Is No “Gun Show Loophole”

The ATF states “A licensed importer, manufacturer, or dealer may not transfer a firearm to a non-licensee at a gun show without first complying with the requirements of the Brady law. ”

Since the shootings at Newtown, the gun control debate has been intensely reignited in America. Many have called for an open and honest national dialogue. Honesty is a prerequisite to any such discussion.

Despite the failure of the so-called “assault weapons” ban and “high capacity” magazine legislation, and the failure of the Manchin-Toomey amendment which was touted as a “compromise”, gun control advocates have vowed to continue to push for more legislation. Bottom line: we can expect to see many of the same arguments witnessed recently to resurface later in the year. One we are virtually guaranteed to see again addresses closing the so-called “gun show loophole.”

President Obama and others have falsely claimed “up to 40%” of guns are bought without a background check via the so-called “gun show loophole”. The Washington Post Fact-Checker gave Obama three “Pinocchios” for this statement. According to the rating system used, this means there are “significant factual error and/or obvious contradictions”. This false claim comes from a 1994 study of 251 people from before the Brady Bill required Federal Firearms Licensed (FFL) retail sellers to run background checks on all sales. The Washington Post reconnected with the original study authors who informed them the actual range is 14-22% with a +/- error margin of 6%, meaning the final range is 8-28%; neither end of the range approaches 40%. Further factor in the low sample size (251 people), the age of the study (1994), and that the survey was from before the Brady Law was enacted, and it’s apparent how weak this claim is.

Political wordplay in the choice of words must be considered. Loophole is defined as “A way of escaping a difficulty, especially an omission or ambiguity in the wording of a contract or law that provides a means of evading compliance.” Therefore, this would only be accurate if there were a law meant to restrict sales at gun shows that someone were evading.

What does the law say? According to the ATF, federal law 18 U.S.C. 922(t), 27 478.102 requires “Federally licensed firearms importers, manufacturers, and dealers must comply with the Brady law prior to the transfer of any firearm to a non-licensed individual.” This means that all FFL holders must run a background check on every sale, regardless of the location of the sale. Period. Specifically regarding gun shows, the ATF states “A licensed importer, manufacturer, or dealer may not transfer a firearm to a non-licensee at a gun show without first complying with the requirements of the Brady law. ”

The ATF Federal Firearms Regulations Reference Guide, last updated in 2005, states that it is already a federal crime for a licensed gun dealer (FFL) to fail to run a background at a gun show, or anywhere else. Per 18 U.S.C. 922(t)(1), “a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm” (p.13) unless they run a check through the National Instant Criminal Background Check System (NICS). The penalty per § 924(a)(5) includes fines and up to a year in prison per violation (p.19). If the gun dealer knowingly sells to a prohibited person (§ 922(d)) which covers prohibition to felons, mentally ill, and certain other classes from possessing guns, they are subject to a fine and up to 10 years imprisonment per § 924(a)(2).

This means we already have a law that requires gun dealers to run background checks at gun shows. No loophole. The only other guns available at gun shows are available from private citizens wishing to sell personally owned guns. This is 100% legal from any location including one’s driveway, a parking lot, a back alley, or at a gun show – either inside at a table, or even in the parking lot outside of a gun show. Again, no loophole. Private sales are legal at any location and have been since the nation’s founding.

There is nothing special about gun shows. Gun control advocates’ focus on guns shows as a problematic location for private sales is specious: the Department of Justice studies show that less than 1% of felons acquire firearms from gun shows. The majority — nearly 80% — of them gets them from (already) illegal transfer via family or friends, or from the illegal trafficking on the black market.

There never has been a law making private sale firearms subject to background checks. The Brady Law requiring FFL licensed dealers wasn’t even enacted until 1994, and only covers licensed gun dealers. The law already requires FFL dealers to conduct background checks even at gun shows. The law does not require private sellers to conduct background checks at any location.

If gun control advocates wanted to close private sales, then it should be rightly referred to as such. Use of the words “gun show” in addition to “loophole” is political wordplay aimed at scaring those who don’t understand the law as it is currently written. Focusing on guns shows as the location associated with this so-called “loophole” only serves to obfuscate the fact that all private sales are legal, and it is a far cry from open and honest discussion

By Matt MacBradaigh. Matt is a Christian, Husband, Father, Patriot, and Conservative from the Pacific Northwest. Matt writes about the Second Amendment, Gun Control, Gun Rights, and Gun Policy issues and is published on The Bell Towers, The Brenner Brief, PolicyMic. TavernKeepers, and Vocativ.

Follow Me on Twitter: https://twitter.com/2AFight  

Follow Me on Facebook:   https://www.facebook.com/2ndAmendmentFight
 

This  article also appears on The Brenner Brief. (Original publication May 31, 2013). 

There Is No “Gun Show Loophole”

by Matt MacBradaigh | May 31, 2013 | Gun Control Facts | 0 comments

The ATF states “A licensed importer, manufacturer, or dealer may not transfer a firearm to a non-licensee at a gun show without first complying with the requirements of the Brady law. ”

Since the shootings at Newtown, the gun control debate has been intensely reignited in America. Many have called for an open and honest national dialogue. Honesty is a prerequisite to any such discussion.

Despite the failure of the so-called “assault weapons” ban and “high capacity” magazine legislation, and the failure of the Manchin-Toomey amendment which was touted as a “compromise”, gun control advocates have vowed to continue to push for more legislation. Bottom line: we can expect to see many of the same arguments witnessed recently to resurface later in the year. One we are virtually guaranteed to see again addresses closing the so-called “gun show loophole.”

President Obama and others have falsely claimed “up to 40%” of guns are bought without a background check via the so-called “gun show loophole”. The Washington Post Fact-Checker gave Obama three “Pinocchios” for this statement. According to the rating system used, this means there are “significant factual error and/or obvious contradictions”. This false claim comes from a 1994 study of 251 people from before the Brady Bill required Federal Firearms Licensed (FFL) retail sellers to run background checks on all sales. The Washington Post reconnected with the original study authors who informed them the actual range is 14-22% with a +/- error margin of 6%, meaning the final range is 8-28%; neither end of the range approaches 40%. Further factor in the low sample size (251 people), the age of the study (1994), and that the survey was from before the Brady Law was enacted, and it’s apparent how weak this claim is.

Political wordplay in the choice of words must be considered. Loophole is defined as “A way of escaping a difficulty, especially an omission or ambiguity in the wording of a contract or law that provides a means of evading compliance.” Therefore, this would only be accurate if there were a law meant to restrict sales at gun shows that someone were evading.

What does the law say? According to the ATF, federal law 18 U.S.C. 922(t), 27 478.102 requires “Federally licensed firearms importers, manufacturers, and dealers must comply with the Brady law prior to the transfer of any firearm to a non-licensed individual.” This means that all FFL holders must run a background check on every sale, regardless of the location of the sale. Period. Specifically regarding gun shows, the ATF states “A licensed importer, manufacturer, or dealer may not transfer a firearm to a non-licensee at a gun show without first complying with the requirements of the Brady law. ”

The ATF Federal Firearms Regulations Reference Guide, last updated in 2005, states that it is already a federal crime for a licensed gun dealer (FFL) to fail to run a background at a gun show, or anywhere else. Per 18 U.S.C. 922(t)(1), “a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm” (p.13) unless they run a check through the National Instant Criminal Background Check System (NICS). The penalty per § 924(a)(5) includes fines and up to a year in prison per violation (p.19). If the gun dealer knowingly sells to a prohibited person (§ 922(d)) which covers prohibition to felons, mentally ill, and certain other classes from possessing guns, they are subject to a fine and up to 10 years imprisonment per § 924(a)(2).

This means we already have a law that requires gun dealers to run background checks at gun shows. No loophole. The only other guns available at gun shows are available from private citizens wishing to sell personally owned guns. This is 100% legal from any location including one’s driveway, a parking lot, a back alley, or at a gun show – either inside at a table, or even in the parking lot outside of a gun show. Again, no loophole. Private sales are legal at any location and have been since the nation’s founding.

There is nothing special about gun shows. Gun control advocates’ focus on guns shows as a problematic location for private sales is specious: the Department of Justice studies show that less than 1% of felons acquire firearms from gun shows. The majority — nearly 80% — of them gets them from (already) illegal transfer via family or friends, or from the illegal trafficking on the black market.

There never has been a law making private sale firearms subject to background checks. The Brady Law requiring FFL licensed dealers wasn’t even enacted until 1994, and only covers licensed gun dealers. The law already requires FFL dealers to conduct background checks even at gun shows. The law does not require private sellers to conduct background checks at any location.

If gun control advocates wanted to close private sales, then it should be rightly referred to as such. Use of the words “gun show” in addition to “loophole” is political wordplay aimed at scaring those who don’t understand the law as it is currently written. Focusing on guns shows as the location associated with this so-called “loophole” only serves to obfuscate the fact that all private sales are legal, and it is a far cry from open and honest discussion,

This article was originally published on Brenner Brief. Original publish date May 31, 2013. Original author, Matt MacBradaigh.