Extinguishing a human live via violence is certainly not a 'silly' or 'irrational' issue. It speaks to the very core of what our republic was founded on...LIFE, liberty and the pursuit of happiness.
You folks have put inconvenience ahead of those tenets.
The argument was made that background checks are already in place. That's true for licensed dealers ONLY.
Why is it so hard to understand that some gun sellers are gaming the system and using the gun show loophole to offer a safe haven for criminals to conveniently buy their weapons of death?
UNDERCOVER INVESTIGATION INTO ILLEGAL SALES OF FIREARMS AT GUN SHOWS
Private Sellers Exploited the Gun Show Loophole
Even though private unlicensed sellers are not required to run background checks using the FBI National Instant Criminal Background Check system, it is a federal felony for them to sell guns to people they have reason to believe are prohibited purchasers (such as felons or the mentally ill). In purchases attempted on 30 private sellers, the undercover investigator showed interest in buying a gun by asking about stopping power or by dry-firing the weapon. After agreeing on a price,
the undercover would indicate that he probably couldn't pass a background check. At that point, the seller is required by law to refuse the sale — but only 11 out of 30 sellers did so. Investigators found private dealers who failed these integrity tests at every show, including two sellers who failed at multiple shows. In total, 19 of the 30 private sellers approached failed the integrity test.
The 11 sellers who terminated the sale confirmed that private sellers know the law. As one seller in Columbus, Ohio, explained "I mean even as a private citizen, I'm kind of allowed a certain latitude, but once you say that [you can't pass the background check], I'm kind of obligated not to sell to you. I think that's what the rules are."
The investigation also revealed that some private sellers are in fact apparently "engaged in the business" of selling firearms without a federal license, in violation of the law. For example, one seller sold to investigators at three different gun shows and
acknowledged selling 348 assault rifles in less than one year.
And all that shows is that those laws (as well as the ones proposed for furthering background checks) are ineffective. Nice work. Does nothing to bolster your opinion though so I wonder why you posted itÂ…
What is so hard to understand?
Under current law, registered dealers are required by law to run a background check on ever gun sale. It WORKS.
Under current law, unregistered dealers, known as 'private' sellers are NOT required to run a background check.
FACT: Gun sellers who claim to be “occasional sellers” are not required by current federal law to conduct background checks on their customers. Furthermore, there is no clear definition of how many guns a person can sell as an “occasional seller” – it could be dozens, or even hundreds.
The Firearm Owners' Protection Act (FOPA) states: 18 U.S.C. § 921(a)(21)(D), (22). Those not “engaged in the business” of dealing guns are exempt from the licensure requirement.
So, closing the gun show loophole would not punish any law abiding gun owner.
And, as citizens, we can't stop a criminal from buying an illegal firearm from the trunk of another criminal in some dark alley.
But, that's where the criminal
should be forced to buy a gun. In a totally illegal setting, with all the inherent dangers that come with it. BUT, our current laws sanction criminals being able to walk into a gun show, receive expert advice, discounts, then buy whatever weapon(s) they desire without a background check or having to pay black market prices or risk the dangers of buying a weapon from another criminal in a dark alley.
Here is some info on the loophole...
What is the gun show loophole?
Federal law allows people who sell guns to avoid running background checks or keeping records by calling themselves occasional sellers, and these sellers often congregate at gun shows. The loophole provides criminals with easy access to firearms without having to worry about any background checks.
- Current law requires licensed gun dealers to conduct background checks, because that is the only way to determine whether a person is eligible to buy a gun. Licensed dealers must also keep records about the buyer so ATF can trace the gun if it is recovered at a crime scene.
- The law does not, however, require so-called occasional sellers to do these checks – and there’s no clear definition of what qualifies as an occasional seller.[ii]
- Many sellers at gun shows abuse that loophole by calling themselves occasional sellers. Because they concentrate at gun shows, it is easy for felons and other prohibited possessors to find someone who will sell to them without a background check.
...........*ATF concluded that “gun shows and flea markets are a major venue for illegal trafficking.”[iii]
- Gun shows linked to the Pentagon Shooting: In March 2010, John Bedell – who was prohibited by law from possessing guns – shot two Pentagon police officers with a gun purchased from a private seller at a Las Vegas gun show.
- Gun shows were tied to a broad range of violations, including straw purchases and the sale of kits to convert legal guns into illegal machine guns.
Solution: Require occasional sellers to run instant background checks.