Gun Show Loophole? There's No Such Thing.

For those of us that hoped the Lesson of '94 was still on the minds of the Democrats, giving us some time before the next citizen disarmament attempt would be launched: we were wrong.

Carolyn McCarthy just announced her campaign to close-the-(so-called)-gunshow-loophole.

For those who have only heard the nightly news version, the real story on the gun show loophole is:

• There is no 'gunshow loophole'
  
• Currently ALL firearm transactions at ALL gun shows (and in gun stores) by federally licensed dealers MUST be first approved by the FBI via the NICS (National Instant Check System). Meaning ALL purchasers have to pass the background check before taking possession of a purchased firearm
• Currently, firearms transfers between two legal (non-dealer) individuals [residing in the same state] does not require federal involvement. If Bob want to sell his rifle to John, they agree on a price and the deal is done. If Grandpa wants to give his grandson (on granddaughter) their first .22 on their 18th birthday, he can buy it ahead of time and just give it to them. If someone receives an inheritance from Dad that includes his deer rifle, shotgun or even a whole collection of firearms - he can take possession of them legally without federal involvement.
• As long as both involved parties are not prohibited from owning firearms (not felons) the transfer of ownership is legal (just like selling any other privately owned property).

If the so-called gun show loophole is closed: No person would be able to take possession of a firearm without first going to a licensed dealer, having the firearm information (make, model, serial number, etc.) entered into the dealer's inventory and records, filling out a BATFE form 4473 (to be kept on file with the dealer), passing the NICS check, paying the dealer a fee, and then leaving with the gun.

The reasons why this is bad:

• It can easily be abused by creating a de facto registration of firearms. Registration is ALWAYS a precursor of confiscation (you only have to look as far as California to see it's already happened here - and in Canada, England, Australia and...]
• It can easily be abused by criminalizing simple loans of firearms: If a buddy loans a rifle to a friend to hunt with, if a father loans a pistol to his daughter for protection from a stalker, if (depending on how 'transfer' is defined) you let a friend shoot your gun at a range just to 'try it out', or a wife, using her husband's shotgun, defends herself in the home while he's away -- all of these would result in being charged with a federal felony.

In case anyone still doesn't see the harm, please allow me to draw a parallel. I preface this with the understanding that Rights are inherent and God-given, and thus only recognized (not granted) by the Bill of Rights, they are not subject to abrogation - and the Supreme Court has said so -- therefore the following simple comparison is valid:

Suppose the same government approval is applied to the First Amendment. Should the purchase of a Bible or even a newspaper require a background check? Should the gift or sale of a book require that transaction be approved and kept on record? If by decree, a certain type or class of books become illegal and subject to confiscation, what would keep the next decree from banning another class of books?

For more, check out Paul Valone's GRE article here

Update: For a touch of irony look at the Webster's Definition of 'Loophole'

loophole

2 entries found.

1. ¹loophole (noun)
2. ²loophole (transitive verb)
   

Main Entry:

¹loop·hole

Pronunciation:

\ˈlüp-ˌhōl\

Function:

noun

Etymology:

¹loop

Date:

1591

1 a: a small opening through which small arms may be fired b: a similar opening to admit light and air or to permit observation2: a means of escape ; especially : an ambiguity or omission in the text through which the intent of a statute, contract, or obligation may be evaded