Background Checks at Gun Shows: Debunking the Misconception

President Joe Biden recently made a claim during his speech stating that background checks are not required when purchasing a gun at a gun show. However, is this true or purely a misconception?

Background Checks at Gun Shows: The Reality

Gun shows are popular venues for private firearm transactions, but the misconception that no background checks are required has been circulating for years. In reality, the vast majority of sales at gun shows are by federally licensed dealers (FFLs) who are required to perform the same background checks as if the transaction were taking place in their brick-and-mortar shop.

The idea of a "gun show loophole" is a common myth propagated by those with ulterior motives, aimed at undermining the Second Amendment and supporting their agenda of gun control. In fact, the FFLs who conduct these sales must adhere to the same stringent regulations and background check procedures as if the sale were happening in a traditional firearms store. This ensures that only law-abiding citizens can access firearms.

Background Checks and Private Sales

While FFL holders must conduct background checks, there is a frequent misconception about private sales between individuals at gun shows. Depending on state laws, these private transactions may or may not require an NICS (National Instant Criminal Background Check System) background check. In Nevada, for example, new laws mandate that an NICS check is required for all sales, regardless of whether the seller is an FFL or not.

Selling your firearm to a fellow hunter or friend who is also a non-FFL individual can be complicated. Under the "universal background check" legislation, both parties would need to find an FFL dealer in the state where they both reside to facilitate the sale. This dealer would conduct the background check and charge a fee for their services. Additionally, a ten-day waiting period is imposed, during which time both parties must re-schedule the background check if they cannot prove they are still law-abiding citizens.

The Unintended Consequences of Misinformation

The belief in the mythical "gun show loophole" is harmful and misleading. It distracts from the real issue of preventing illegal and dangerous individuals from acquiring firearms. The true intent of pushing this falsehood is to create a false sense of security among law enforcement, thereby allowing them to monitor private sales without the involvement of licensed dealers.

Furthermore, there is no evidence to support the claim that implementing universal background checks at gun shows would reduce crime or suicide rates. Instead, such measures could create unnecessary delays and burdens for law-abiding citizens, potentially harming vulnerable individuals further.

Conclusion

It is crucial to dispel the myths surrounding background checks at gun shows. While private sales between individuals at gun shows are subject to certain regulations, the overwhelming majority of sales, transacted through federally licensed dealers, are subject to the same stringent background check procedures. Therefore, Biden’s claim is not accurate and stems from a lack of understanding of the current legal framework.

The search for loopholes and conspiracies around firearm sales is a misdirected effort that undermines the safety and enjoyment of hunting and self-defense for countless law-abiding Americans.