The Private sales exemption , or Gun show in the United States is a sale of firearms by private sellers, including those conducted at gun shows, dubbed "the secondary market." A loophole in federal law exists, in which "anyone can sell firearms to unlicensed citizens in which they live, as long as they do not know or have reasonable reasons to believe that person is forbidden to receive or possess firearms."
Under federal law, private sector sellers are not required to conduct background checks on buyers; whether in gun events or elsewhere. They also do not need to record sales, or ask for identification. This requirement is in contrast to sales by arms stores and other Federal Firearms (FFL) holders, who are required to record all sales and conduct background checks on almost all buyers regardless of whether the place is their business location or weapon show within the country they. Access to the National Criminal Background Check System (NICS) is limited to FFL holders.
Since the mid-1990s, armed control supporters have voiced concern over the loopholes in legislation, and campaigned for a background check and record keeping for all arms sales. Supporters of armed rights have stated that there is no loophole, that the current legislation provides a single uniform set of rules for the commercial arms seller regardless of where the sale is, and that no part of the United States Constitution empowers the federal government to regulate non- commercial transfers, intrastate of the type of legal firearms among private citizens.
Video Gun show loophole
Provenance
Sometimes referred to as the Brady fund gap, the Brady legal gap, the legal arms loophole, or the personal sales gap, the term refers to the perceived gap in legislation addressing the types of sales and transfer of firearms that require record and/or background checks, such as Violence Prevention Act Brady Handgun. The private sector is not legally required by federal law to: request identification, complete any form, or keep a record of sales, as long as the sale does not cross the state line and is not within the scope of the National Firearms Act. In addition to federal law, the law of firearms differs by country.
The federal bill "show loophole" bill was introduced in seven consecutive Congresses: two in 2001, two in 2004, one in 2005, one in 2007, two in 2009, two in 2011, and one in 2013 In particular, seven gun shows "loophole" Billings were introduced in the US House and four in the Senate between 2001 and 2013. Nobody graduated. In May 2015 Carolyn Maloney introduced H.R.2380, also referred to as the Closing Event of the Gun of the Year in 2015. On 26 June has been referred to the Sub-Committee on Crime, Terrorism, Homeland Security, and Investigation. In March 2017, Maloney representatives also introduced H.R.1612, which was called the Closing Show of the Pistol Show of 2017.
Maps Gun show loophole
Country requiring background checks for private sales
A number of countries have background checking requirements outside of federal law. Some states require a universal background check at the point of sale for all transfers, including purchases from unlicensed sellers. The laws of Maryland and Pennsylvania in this case are limited to pistols. Hawaii, Illinois, Massachusetts and New Jersey require firearms buyers to get permission. (Illinois previously requested permission to be verified with state police only at gun shows, but by 2013 the law was amended to require verification for all personal sales.) The other four countries (Iowa, Michigan, Nebraska, and North Carolina) , but only for the gun. Vermont passed a new gun control law in 2018, one of which requires a background check for personal sales. The majority of these jurisdictions require unlicensed sellers to keep records of the sale of firearms. The following table summarizes the laws of this state.
History
In 1968, Congress passed the Arms Control Law (GCA), in which the modern firearms trade operates. The GCA mandates Federal Firearms Licenses (FFLs) for those "engaged in business" selling firearms, but not to private individuals who rarely sell firearms. Under the Arms Control Act, gun traders are prohibited from doing business anywhere but the address listed in their Federal Firearms License. It also mandates that licensed firearm dealers keep records of the sale of firearms. Unlicensed persons are prohibited by federal law to transfer, sell, trade, give, transfer or deliver firearms to unlicensed persons only if they know or have reasonable grounds to believe that the buyer does not live in a State the same or prohibited by law from buying or owning firearms.
In 1986, Congress passed the Law Firm Owners Protection Act (FOPA), which loosened certain controls in the Arms Control Act and allowed licensed firearms dealers to do business at gun shows. In particular, FOPA makes it legal for FFL holders to make personal sales, provided that firearms are transferred to a private collection of licensee at least one year before the sale. Therefore, when private firearms are sold by FFL holders, there is no background check or Form 4473 required by federal law. According to ATF, FFL holders are required to keep the sales records in a bound book. The US Department of Justice (USDOJ) says another goal of FOPA is to ensure the GCA does not "place undue or undesirable restrictions or federal burdens on law-abiding citizens, but opens up many loopholes where illegal arms dealers can slip." the scope of those "engaged in business" in dealing with firearms (and hence mandatory licensing) is narrowed to include only those who devote "the time, attention and energy to dealing with firearms as a regular trade route, or business with the primary objective livelihoods and profits through repeated purchases and sales of firearms. "FOPA excludes those who buy and sell firearms to" increase personal collections "or" hobbies, "or" sell all or part of private collections. " According to USDOJ, this new definition makes it difficult for them to identify actors who can claim that they operate as "connoisseurs" of firearms trade from their private collections. Attempts to reverse key features of FOPA by requiring criminal background checks and purchase records on private sales at gun shows are unsuccessful.
In 1993, Congress passed the Brady Pollution Prevention Act, amending the Arms Control Act of 1968. "Brady's Law" applies a federal background check on all firearm purchasers purchased from federal licensed dealers (FFL). This law has no provision for the transaction or sale of private firearms. Brady's Law initially imposed temporary measures, which required a waiting period of 5 days before licensed importers, producers, or dealers could sell, hand over, or transfer pistols to unlicensed individuals. Waiting periods are only applied in states without an alternative system that is considered able to perform background checks on pistol shoppers. Private transfers and sales between unlicensed Americans may still be subject to other federal, state and local restrictions. This provisional provision ceased to take effect on November 30, 1998.
Study and government position
Tracking fires start at the manufacturer or importer and usually end up on the first personal sale regardless if the seller personally then sells to FFL or uses FFL for background checks. Analyzing data from a report released in 1997 by the National Institute of Justice, less than 2% of criminals convicted of buying their firearms at flea markets or arms shows. About 12% buy their firearms from retail stores or pawnshops, and 80% are bought from family, friends, or illegal sources.
Under Chapter 18 Section 922 of the United States Code it is unlawful for everyone "except licensed importers, licensed manufacturers, or licensed dealers, to engage in import, manufacture or deal with firearms."
The federal government provides a specific definition of what a firearms dealer is. Under Chapter 18 Section 921 (a) (11), the dealer is...
(A) anyone involved in the business of selling firearms on a wholesale or retail basis, (B) any person engaged in the business of fixing firearms or making or installing special barrels, stocks, or triggering mechanisms for firearms, or (c) persons which is a pawnshop.
According to a 1999 report by the ATF, legitimate private-party transactions contribute to illegal activities, such as arms trade, purchase of firearms by prohibited buyers, and purchase of straw. Anyone who sells a gun is legally banned from selling it to anyone the seller knows or has reasonable reasons to believe it is forbidden to own a firearm. FFL holders, in general, can only transfer firearms to unlicensed individuals if the individual is located in a state where FFL holders are licensed to do business, and only in the place of business or arms performances in their country.
The January 1999 report says that more than 4,000 gun shows are held in the US each year. Also, between 50 and 75 percent of weapon show vendors hold a Federal Firearms License, and "the majority of vendors attending the exhibition sell firearms, related accessories, and other equipment." The report concludes that although most sellers at gun shows are respectable people, some corrupt sellers can move large numbers of firearms into high-risk hands. They state that there is a gap in the current law and recommends "extending Brady's Law to 'close the gap of a weapon show.'"
In 2009 the US Government Accountability Office issued a report stating that many firearms trafficked into Mexico can be purchased through this type of private transaction, by individuals who may wish to avoid background checks and records of their firearms purchase. Proposals submitted by US Attorneys, which never apply, include:
- Only allow FFL holders to sell weapons at gun shows, so background checks and records of firearms transactions accompany every transaction
- Strengthen the definition of "engaging in business" by defining terms more precisely, narrowing the exceptions for "fans," and lowering the terms of intent
- Limit the number of individual personal sales to a specified number per year
- Require the person selling the weapon in the secondary market to comply with the record keeping requirements applicable to the Federal Firearms license holder
- Require all transfers in the secondary market to go through the Federal Firm license holder
- Establish a procedure for the regular liquidation of inventory owned by FFL holders who submit their licenses
- Require registration of unlicensed people selling weapons
- Increases penalty for transferring firearms without background checks, as required by the Brady Act
- Requires armed show promoters to be licensed, retains inventory of all firearms sold by FFL holders and their non-licensed sellers at gun shows
- Requires one or more ATF agents to be present at every weapon exhibit
- Isolating unlicensed vendors from criminal liability if they agree to require the buyer to complete the weapon transaction form
Executive branch
On 6 November 1998, US President Bill Clinton issued a memorandum to the Minister of Finance and the Attorney General who expressed concern about the seller at the gun show not being asked to conduct background checks on potential buyers. He called this absence a "gap" and said that it made the weapon show a prime target for criminals and gun traders. He asked for recommendations on what actions the government should take, including legislation.
During his campaign and presidency, President George W. Bush endorsed the idea of ​​a background check at a gun show. Bush's position is that the gap of a gun show must be closed by federal law because the gap firearms was created by previous federal laws. President Bush ordered an investigation by the US Department of Health, Education and Justice after the firing of Virginia Tech to make recommendations on ways the federal government could prevent such tragedies. On January 8, 2008 he signed the NICS Improvement Amendments Act of 2007 (NIAA) into law. The goals and objectives that NIAA seeks to address include:
The information gap available to the NICS regarding mentally binding adjudication and mental commitment does not. Filling this information gap will allow the system to operate as intended, to keep weapons out of the hands of people prohibited by federal or state law from receiving or owning firearms.
In early 2013, President Barack Obama outlined a proposal on a new arms control law asking the congress to close the gap of gun shows by requiring background checks on all arms sales. Closing the gap shows the weapon being part of a larger push for a universal background check to close "federal gaps on such checks at gun shows and other private sales."
Essentials
In 1996, the Center for Violence Policy (VPC) released Gun Shows in America: TupperwareÃ,® Parties for Criminals , a study that identifies issues related to gun performances. The VPC study documents the effects of the 1986 Arms Owners Protection Act on arms proliferation, which results in "available weapons and ammunition sources for a wide range of criminals, as well as Timothy McVeigh and David Koresh". According to VPC, weapon utilities show to dangerous individuals primarily derived from exceptions enjoyed by private sellers of Brady's legal sales criteria as well as the absence of background checks. The director of the program, located at UC Davis, Garen J. Wintemute, writes, "There is no loophole in federal law, in the sense that the law does not exclude private sales in arms exhibitions from required regulations elsewhere." Wintemute said,
The fundamental flaw in the ultimate crack gap proposal is its failure to address most of the private sector sales, taking place in other locations and increasingly through the Internet on sites where everyone who is not prohibited can list firearms for sale and buyers can search for party sellers private.
On May 27, 1999 Wayne LaPierre, executive vice president of the National Rifle Association (NRA), testified before the Subcommittee on the Criminal Justice Council, said: "We think it's natural to provide a mandatory, instant criminal background check for every sale at every gun show. There is no gap anywhere for anyone. "LaPierre has since said that he is against universal background checks.
In 1999, Dave Kopel, a defense lawyer and defense attorney for the NRA, said: "no weapon show 'gaps' in federal law," and the weapon show is "the first step towards eliminating all privacy related firearms and application of universal weapons registration. "In January 2000, Kopel said that no proposed federal law would make any difference in Columbine because the adult supplying the weapon was a legitimate buyer.
In 2009, Nicholas J. Johnson from Fordham University Law School, wrote:
The criticism of the "arms exhibition gap" implies that federal regulations allow forbidden retail purchases ("primary market sales") of firearms at gun shows. This implication is wrong. The real criticism is aimed at selling secondary markets by civilians.
In 2010, Brady's Campaign to Prevent Pistol Violence said: "Due to cracks in weapons events, in most countries prohibited buyers can go into gun shows and buy weapons from unlicensed sellers without background checks.Many weapon sellers operate week-to- weeks without a fixed place of business, traveling from gun shows to gun shows. "
In 2013, the NRA said that a universal background check system for arms buyers is impractical and unnecessary, but an effective instant inspection system that includes records of people convicted of mental illness will prevent potentially dangerous people from acquiring firearms. The group believes that only 10 percent of firearms are purchased through private sellers. They also denied the idea that current legislation amounts to a weapon gap, indicating that many people selling at gun shows are authorized federal dealers. The group has stated in the past that: the purpose of supporting weapons controls is to reduce the sale of rifles and register weapons, and that there are no "loopholes", but legal trades under the status quo (such as book exhibitions or auto shows).
In 2016, a study published in The Lancet reported that state laws only require background checks or permits for the sale of rifles at gun shows linked to higher weapons-related death rates. The same study also found that state laws that require background checks for all arms sales are strongly linked to lower weapon-related death rates. Also that year Gabriel J. Chin, professor at UC Davis School of Law, stated that because there is no clear provision for the number of firearms sold before a person is required to obtain federal licenses and that because gun shows are usually held on weekends, "there is space for someone to claim 'this is a hobby or part of my collection' when it is also a substantial business. "
Public opinion
Closing the shooting gap through universal background checks enjoys high level public support.
Donate event
After the Columbine High School massacre on April 20, 1999, gun shows and background checks became the focus of a national debate in the United States. A few weeks after the Columbine shooting, Frank Lautenberg introduced a proposal to close the gap of gun show in federal law. It was passed in the Senate, but did not pass in the House.
The Virginia Tech shooting on April 16, 2007 again brought a discussion of gunfire at the forefront of US politics, even though the shooter passed a background check and legally bought his weapon at a Virginia gun shop through a Wisconsin-based internet dealer. Earlier, in December 2005, a Virginia judge had directed the Virginia Tech shooter to undergo ambulatory care, but because he was treated as an outpatient, Virginia did not send his name to the National Instant Criminal Instant Inspection System (NICS). On April 30, 2007, Tim Kaine, Governor of Virginia, issued an executive order intended to ban arms sales to anyone known to be dangerous and forced to undergo unintentional mental health treatment. He asked MPs to close the gap of weapons events. The bill for closing the gap in Virginia was filed, but ultimately failed. Since then, Virginia lawmakers' attempts to seal gaps in weapons gangs continue to be blocked by arms supporters. The Governor writes:
I was disappointed to see Virginia's legislative silence, mostly under pressure from the NRA, on attempts to seal the weapon gaps that allowed anyone to buy weapons without background checks. The gap is still there.
Source of the article : Wikipedia
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