Call it what you want - but that doesn't change the fact that private sellers aren't required to perform background checks - even at gun shows. A licensed dealer could sell umpteen guns to an unlicensed private person (contingent upon passing background check) - and that person could then sell those guns to other unlicensed private persons without being legally required to perform background checks. Personally - I call that a "loophole"... a big "loophole"...
If you mean it's not a "loophole" in the legal sense because the law was never designed to fill that void - I agree.
I consider you one of the smartest posters on this board, so please correct me if my general facts are wrong.
You want to know another reason it is not a loophole? Because it would violate the Constitution for the federal government to require background checks on all gun sales. Since we are talking about federal law here, not state law, there is no gun show loophole unless you think the constitution is a loophole.
You are getting throttled on this thread, and now you emote utter nonsense. Totally false. Requiring background checks does not violate the Constitution.
Your right wing robes, Scalia, Roberts, Kennedy, Thomas, and Alito ruled in:
DISTRICT OF COLUMBIA et al. v. HELLER
certiorari to the united states court of appeals for the district of columbia circuit
No. 07–290. Argued March 18, 2008—Decided June 26, 2008
2. Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment or state analogues.
The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms. Miller’s holding that the sorts of weapons protected are those “in common use at the time” finds support in the historical tradition of prohibiting the carrying of dangerous and unusual weapons.