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Universal Background Checks and the Gun Show Loophole


Let’s finally put the uproar about background checks and the gun show loophole to rest.  Every business that sells firearms must be licensed by the ATF with a Federal Firearms License.  Every person who meets the legal requirements of the state they reside in is eligible to purchase a firearm.  Some of the requirements are age, mental health status, criminal record status and domestic violence history.    These are a few of the basics as well as different state laws regarding number of firearms you can purchase and waiting periods. 

All of the businesses must then do a federal background check on the person before they can be sold the firearm.  The person will be approved, delayed or denied on the spot based on the check.  This is the accumulation of information the federal government has gathered based on a person’s contact with various city, county, state and federal governmental agencies.  An approval will let the person complete the purchase, and a denial will not.

Delayed responses mean the government needs to further review the person’s background before a judgement is made.  At this point a person will be told they must wait for a response or no response from the government on whether the sale can be completed.  It should be noted that many businesses will later receive an approved check on a delayed response only to lose thousands of dollars in sales from customers who do not return.

A business must complete this same background check process whether they are at their shop or selling at a gun show.  So the argument that we should have universal background checks is unfounded since the entire country already has mandatory background checks on every firearm sold by a dealer.  The only reason gun shows may be singled out as a loophole is for private person sales.  Again this does not affect the mandatory background check a business conducts at the gun shows. 

The reason a person is able to sell a firearm at a gun show without doing a background check is because it is a private person’s transfer of property.  This is the same as if the person were selling the firearm from their home, not at the gun show.  It should also be noted that many states do not allow this private sale to happen and have laws on the books for the transfer to be done with a background check from a FFL holder.  In the states that do allow this to happen it is widely understood that a person has the right to sell his or her personal property without involving the government.  Imagine if you had to involve the government to sell your steak knives, car or a baseball bat since all these things can be used as weapons.  Many private sales that occur at gun shows are made by people buying and selling antique firearms or collectors. 

To sum it up, next time someone says we need universal background checks let them know they are already in place.  We as a free society cannot stop all violence and evil in the world.  No system is perfect and never can be as man is flawed.  People who intend to do harm will always find a way to get a firearm, no law will ever stop it.  Look at the fact that we already have laws against rape, robbery and murder but the violence still occurs. 

We can however ensure that law abiding citizens who do legally pass their background check will be able to have a firearm for their protection, hunting, collecting or family traditions.  So legally carry, train with and responsibly handle your legally obtained firearms.  While you’re at it think about wrapping it in a beautiful, rugged hand crafted holster from TALTAC.  WWW.TALTACMFG.COM


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