The Gun Show Loophole Theory

If you've been paying attention to politics lately, there's a good chance you've heard about the infamous "Gun Show Loophole," which is the ability to sell a gun to someone at gun show without having to perform a background check. To the average person this sounds like a serious problem. Even President Obama claimed that the gun violence epidemic in his hometown of Chicago was due to the fact that criminals were going across the border into Indiana, purchasing firearms without background checks, and bringing them back into the city - where guns are highly restricted. I believe he even used the phrase:

"They drive to Indiana where they have fewer laws, 

load up a van with guns and bring them back... to.....sell....to kids... and gang...s."

              *I wrote this quote like he says it. Obama is so uneducated on this topic and it shows.

To anyone who regularly attends gun shows, this claim by the former President is utter nonsense. If you've been to a gun show, or done any research on how gun shows work, you will know that a VAST MAJORITY of dealers at these shows are traveling licensed dealers. Licensed dealers must abide by the laws of the state in which the gun show is located. While it is true that a state like Indiana has far fewer restrictions on guns than Illinois, anyone that purchases a gun at an Indiana gun show MUST pass a background check before a sale is made (just like every other gun show in America). It was even proven that if you're from Illinois and you attempt to legally purchase a firearm from an Indiana gun show, you will most likely be denied because these dealers don't want to accidentally break some obscure Illinois gun law.

Some politicians that are a little more educated on the topic will point out that you can conduct what is called a "private sale" - which is a gun sale between two individuals - without any background check. This is a legal practice as long as the person that is selling the firearm is unaware of the buyer's criminal history.

For example: 

• Bob wants to sell his shotgun to his close friend Jim. This transaction can occur without any background check. This is perfectly legal.

• Bob wants to sell his shotgun to his close friend Jim. Bob is aware that Jim has a felony on his record, but decides to sell the gun to him regardless. This is illegal. 

• Bob wants to sell his shotgun to some dude name Jeff. While the transaction is occurring, Jeff lets it slip that he "probably couldn't pass a background check" and Bob hears this. Bob can no longer privately sell that shotgun to Jeff legally unless Jeff were to take a background check and confirm that he can legally possess firearms. If Bob decides he "didn't hear that," and continues to sells the gun to Jeff, he is breaking the law.

Most sellers at gun shows don't want to be on the hook for illegally selling firearms to people that shouldn't have them in the first place. If there's a private seller at a gun show, good luck trying to make a purchase without going through the paperwork - or better yet - good luck finding a private seller in the first place. Like I said, a VAST MAJORITY of sellers at gun shows are registered and licensed FFL dealers and they're not going to risk jail time by avoiding the paperwork.