Our favorite gun grabber, japete, has a mission. She has swallowed the Kool-Aid and jumped on the “Close the Gun Show Loophole” bandwagon. Let’s see what that would entail.
What is the “Gun Show Loophole?” The gun show loophole is the gun grabber name for the fact that unless you purchase your firearm from a person who holds a Federal Firearms License, you are not required to undergo the Brady instant check.
The gun grabbers call it the gun show loophole for two reasons. First, they want to scare you with the false idea that a Federal Firearms Licensee (gun store owners) can bypass the law and sell guns to felons at gun shows without doing a Brady check on them first. This is obviously wrong since the Brady Bill that set up the National Instant Check System does not make exceptions for FFL holders based on where the sale takes place. An FFL holder MUST complete the proper forms and call the NICS hotline for every purchaser, regardless of where the sale actually takes place. Basically, the “loophole” only applies to private sellers.
The second reason that the gun grabbers call it the gun show loophole is because they want to hide the fact that what they want is to ban ALL private transfers, not just the ones at gun shows. We already understand that the “loophole” is due to the fact that the Brady bill (along with the Gun Control Act of 1968) does not apply to persons selling their private collection of firearms. People engaged in the business of selling firearms must conduct the NICS check. That means you may, if you wish, sell a gun you already own to any person that may legally possess it. You do not need to seek permission from an agent of the State in order to legally sell your gun. Assuming there is no State level law that makes it illegal to transfer the particular firearm (NC requires a pistol purchase permit, PA requires pistols to go through an FFL or the local Sheriff) you may sell anything you own.
Our opponents regard this as no better than black marketeering. They imagine that everyone who privately sells his or her firearm is selling it to a criminal who cannot legally purchase. They also know that if you have to file paperwork with the State regarding who you sold your gun to it amounts to a registry. Knowing who owns the firearms has long been a goal of the Anti-Rights people.
But how does this affect you? According to Federal law, a handing your firearm to your wife and walking away amounts to a transfer. Loaning it to you father to shoot woodchucks in his back 40 (well, 18 in Dad’s case) is a transfer. Leaving the firearm unlocked in your house and giving your girlfriend a key to the front door is a transfer. The Feds seem to absolutely love something that they call “Constructive Possession.” From their prospective, merely having access to a firearm is possession of that firearm. Don’t believe me? Read up on firearms ownership for people married to felons and other federally disqualified people. Basically, if you have a gun you have to keep it locked in a locker that the other person cannot access, or the feds will charge that person with possession.
Closing the Gun show loophole will eliminate all private transfers. Imagine having to consult with the police about taking possession of your father’s gun collection after he dies. Imagine them cheerfully writing down the serial numbers of everything from Dad’s carry pistol to Grandpa’s deer rifle and then entering it into their database. In the end, that is the result the gun grabber’s desire. They want to know who owns what. They can never show up at your house and demand you turn over whatever politically incorrect firearm you have unless they know you have it. They would have to go door to door and search each and every house to get them. And they know what response that would get.
Let’s be honest. This isn’t about stopping criminals from having guns. Anyone with half a brain knows that the same people bringing cocaine and heroin across the border would start bringing machine guns and RPGs if they thought that they could make a buck. Criminals will always have access to guns simply because guns will always be smuggled to them. This is about knowing what you own and how many. This is about you, not your gun. Gun control is never about guns. It is about control. They want control and your gun in your hand means they can’t control you. That’s why they have to pry it out of your hand first.