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Posted: 12/13/2001 8:11:26 PM EDT
Are there any states that currently do not require background checks or government involvement at gunshows?

Are there any states that allow private party transfers without the same kind of formalities?

Thanks.
Link Posted: 12/13/2001 8:15:38 PM EDT
Complying with a law is not a loophole. If there is no law sayiing private party sales of firearms is illegal, this is not a loophole. Most states do not regulate private sales.
Link Posted: 12/13/2001 8:27:00 PM EDT
Right, I understand. I was letting the anti scum infiltrate my vocabulary.

What I want to know is what state does not require dealers to run customers through all the paperwork, etc. to buy a gun, when at a gun show.

Also, where can I find info on private party transfer regulations for all the states?

Thanks.
Link Posted: 12/13/2001 8:30:47 PM EDT
[Last Edit: 12/13/2001 8:24:53 PM EDT by Gloftoe]
If I'm not mistaken, ALL dealers have to run all the official paperwork when selling a firearm to anyone (gunshow or no gunshow). Only exception I know of is that Texas CHL holders don't have to do the instant-check (but DO have to fill out the 4473) when purchasing a firearm, as long as the CHL is valid.

Also, we don't have to do any paperwork with private sales here in Texas. I don't _believe_ that private sales at gunshows are subject to the paperwork either, but I could be mistaken on that one point.

-Gloftoe
Link Posted: 12/13/2001 8:33:06 PM EDT
Ohio does not regulate private party sales, even at gun shows. Not a "loop hole" it's the law.
Link Posted: 12/13/2001 8:33:42 PM EDT
Any gun, I repeat, ANY Gun sold at a gun show, in ANY state must go through a background check! The only exception is those sold by private individuals, or those sold between Federally licensed dealers Some state or local governments require even private sales go through a background check and or some other requirement. It is not a loophole. Private sales, in most states, at a gun show, or not, do not require a background check.
Link Posted: 12/13/2001 8:45:43 PM EDT

Originally Posted By Avatar:
Right, I understand. I was letting the anti scum infiltrate my vocabulary.

What I want to know is what state does not require dealers to run customers through all the paperwork, etc. to buy a gun, when at a gun show.

Also, where can I find info on private party transfer regulations for all the states?

Thanks.



On the chance you've just been brainwashed by the mass media and anti-gun politicians I'll give you a little info:

The Federal Government requires that for all purchases of a firearm from a dealer, an individuals must fill out a form (4478, I think, sometimes referred to as the 'yellow form') and have a NICS check run. Some states have more stringent requirements on the buyer or on the guns, but there is no state where there is a loophole as preached by the mainstream media. Most states and/or localities require one or more additional forms for the purchase of a handgun.

When the antis talk about a gun-show loophole, they are referring to private sales between individuals, and I don't know the requirements for each state. In Tennessee, Georgia and South Carolina; states where I've resided in the past few years, there is no restriction on the transfer of firearms between individuals, except Class III firearms in Tennessee and Georgia (but that's a different story entirely.) South Carolina is not a Class III state, so an individual can't own a full-auto firearm here.

Legal requirements aside, if you are selling a firearm in a private sale, you want to feel confident that the buyer isn't a 'prohibited person' under the law of that state. Unless I know someone personally, I run private sales through my local dealer. It costs me $10 more, but they check the weapon and the seller (or buyer) to make sure I'm not getting in any hot water.

North Carolina, I believe, requires a firearms permit for any firearm you purchase. It's more like a stamp, though, in that most folks can walk into their sherrif's office and apply for the permits and walk out with 5-10 at a time. Even these folks have to be run through NICS for each purchase from a dealer though. I don't live there, so I haven't been through all that, so don't hold me to that.
Link Posted: 12/13/2001 9:48:39 PM EDT
What a way to word a question. You word your question in such a way that suggests there is something wrong with a private part transfer.

_FS

(sniff sniff) I smell a troll somewhere around here...
Link Posted: 12/13/2001 10:36:52 PM EDT
Thanks for the info, everyone.

No, F_S, I'm not trolling. I just asked a simple question, albeit initially in a provocative manner. Some people here are really paranoid.

Would anyone have a link where I can look up state transfer requirements at a glance? Thanks again.
Link Posted: 12/13/2001 10:55:21 PM EDT
[Last Edit: 12/13/2001 11:05:09 PM EDT by sgtar15]
In the state of Nevada or Arizona you can go to a Gun Show (like the one coming up in March-2002 at the Reno Hilton) and buy a rifle or a pistol from a private seller without going thru a background check. Some private sellers might ask for some sort of ID since by law the buyer is supposted to be a resident of that state or another state that has the same laws (like Arizona). Most private sellers don't ask for ID.

Now I see that you live in California, so technically it would be illegal for you to go to a gun show in Nevada or Arizona and buy a firearm from a private seller without a background check. The reason is because California law requires all firearm sales go thru a dealer and a background check, and it is your state of residence laws that one legally must follow.

In short this is the way it is: If you went to a gun show in Nevada or Arizona, bought a firearm from a private seller who didn't ask for ID and you then bring that firearm back into California, you would be breaking several laws. Now the slim odds of actually getting caught is a whole different story...but you must ask yourself....is it worth the risk?

sgtar15

PS Disclaimer I in no way condon the breaking of any illegal, unenforcable, immoral gun laws...regardless of how low the chances of actually being caught are.!!
Link Posted: 12/13/2001 11:05:59 PM EDT
Many private sellers I've seen at recent gun shows in Arizona are rightfully cautious about asking for AZ ID. Particularly with the recent "STINGs" run by the ATF at AZ shows.
Link Posted: 12/13/2001 11:25:44 PM EDT
Link Posted: 12/14/2001 4:06:15 AM EDT

Originally Posted By Tachyon:
North Carolina, I believe, requires a firearms permit for any firearm you purchase. It's more like a stamp, though, in that most folks can walk into their sherrif's office and apply for the permits and walk out with 5-10 at a time. Even these folks have to be run through NICS for each purchase from a dealer though. I don't live there, so I haven't been through all that, so don't hold me to that.



Negative, need a permit for a handgun only. At the time of receiving the permit, you are run through NICS. You don't have to do it when you buy the handgun. If you want, you can use the permit to bypass the NICS check for a long gun.

This permit is required for private transfer of handguns as well.

If you are a CCW permitee, you bypass NICS checks for long guns, but still have to have the permit to purchase for handguns.
Link Posted: 12/14/2001 10:10:46 AM EDT
REPEAT AFTER ME:


THERE IS *NO* GUN-SHOW LOOPHOLE!!!!!!
Link Posted: 12/14/2001 6:21:28 PM EDT
Ok, Ok, Ok!!!! I get it, no F'ing loophole!

Thanks for the help, guys.
Link Posted: 12/14/2001 7:13:41 PM EDT
Here in Az. you can pick up most newspapers and find private party sales in the classifieds. You can also find firearms for sale in most swap meets.
Link Posted: 12/14/2001 9:44:39 PM EDT
The N.R.A. website has listings for state firearms laws.
www.mynra.com
Link Posted: 12/15/2001 9:02:30 AM EDT
Private transfers are legal in MD so long as the firearm being transferred is not an "assault weapon" or a handgun. Great state....y'all should move here.
Link Posted: 12/15/2001 11:27:43 AM EDT
Private Sales in Florida do not require any paperwork, but your stupid if you buy or sell without getting the person's name / drivers license number, IMHO. This protects both parties if the gun was ever used (or be used) in a crime, stolen, etc.
Link Posted: 12/15/2001 2:43:58 PM EDT

Originally Posted By entropy:

Originally Posted By Tachyon:
North Carolina, I believe, requires a firearms permit for any firearm you purchase. It's more like a stamp, though, in that most folks can walk into their sherrif's office and apply for the permits and walk out with 5-10 at a time. Even these folks have to be run through NICS for each purchase from a dealer though. I don't live there, so I haven't been through all that, so don't hold me to that.



Negative, need a permit for a handgun only. At the time of receiving the permit, you are run through NICS. You don't have to do it when you buy the handgun. If you want, you can use the permit to bypass the NICS check for a long gun.

This permit is required for private transfer of handguns as well.

If you are a CCW permitee, you bypass NICS checks for long guns, but still have to have the permit to purchase for handguns.



Thanks. I learned something new. I live just south of Charlotte and I talk to some NC residents, but what I've heard here has just been hearsay.

So, anyone interested in NC info, read entropy's post and disregard mine.

(Both Tachyon and entropy are compelled to follow the Laws of Thermodynamics... And state law!)
Link Posted: 12/15/2001 4:58:10 PM EDT
I think someone had it right when they put it this way: There is now federal law regarding private party sales of firearms, so there is no loophole.

"...there is no loophole"

Link Posted: 12/16/2001 4:58:26 AM EDT

Originally Posted By Tachyon:
(Both Tachyon and entropy are compelled to follow the Laws of Thermodynamics... And state law!)



Heehee! LMAO! I knew a guy in college that was a big Tachyon freak. He would put his bed in a certain orientation as he beleived that tachyons orbited the Earth in this direction, so he could have better dreams.

do-dee, do-dee, do-dee
Link Posted: 12/16/2001 6:30:19 AM EDT

Originally Posted By entropy:

Originally Posted By Tachyon:
(Both Tachyon and entropy are compelled to follow the Laws of Thermodynamics... And state law!)



Heehee! LMAO! I knew a guy in college that was a big Tachyon freak. He would put his bed in a certain orientation as he beleived that tachyons orbited the Earth in this direction, so he could have better dreams.

do-dee, do-dee, do-dee



Now that's a loophole! The very idea of tachyons orbiting anything is contrary to elementary physics. I'd have to do the math to see how massive a singularity would have to be to capture a tacyon, and even then it would have to be closer than the event horizon, as that's where light orbits...
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