Is anyone else out there as sick and tired of hearing these loopy-libs whining about make-believe loopholes as I am? Yeah, I thought so.
As you may have noticed, the loophole argument has made yet another surge to try and match stride with the intensity of this particular election cycle. Just like clockwork, we are hearing the same worn-out old sound bites about gun show loopholes as well as internet gun sale loopholes.
You and I know that this particular progressive talking point is complete and utter hogwash. However, there are still many under-educated people who know nothing about firearm transaction laws and regulations. These individuals insist that anyone can waltz right into any gun show, anywhere in the country, slap some cash on the counter, and no questions asked, walk out with a gun. Granted, there was once a time when that was the case. Back in the days of personal responsibility and free trade, when the government didn’t have it’s hands in every aspect of our lives, people were free to buy and sell their personal property as they deemed fit. However, bureaucratic red tape and infinite regulation have since stepped in. We now have to beg permission, and buy a license, from the government in order to sell firearms to our fellow citizens. When you follow their rules and become a Federal Firearms Licensee (commonly known as an FFL) you are bound by law to either run a background check through the federal NICS database, or establish that the purchaser has already passed aforementioned background check during the application process to be a licensed concealed carry permit holder. This must be done at the time of purchase/transfer. This is true no matter where the transaction takes place; be it at a gun shop, gun show, kitchen table, internet, or parking lot. There is absolutely no exemption to this federal law. In fact, if you purchase a firearm over the internet, the seller must ship the gun to an FFL in the purchaser’s home state. Whereupon, the purchaser must pass this same background check process before the FFL will release the gun to the purchaser, even if the monetary transaction has already been completed.
It is already against federal law to lie to an FFL in order to purchase a firearm. That is what is referred to as a straw purchase. You cannot lie about your ability to legally possess a firearm, and you cannot purchase a firearm in order to transfer it to another person who is not legally able to posses a firearm. Fun fact: if someone makes a straw purchase on your behalf, and you are the actual recipient of the firearm, you have also broken federal law by aiding and abetting the straw purchaser.
Faced with these facts, the left will at this point bemoan private gun sale transactions. (Please, allow me to make myself perfectly clear in this side note: I believe that it is absolutely, positively, no one’s business - not even the government- what you do with your private property. Period. End of story. Now, to get back on topic…) There are currently eighteen states, plus D.C., which implement some form of background check requirement in addition to federal law when it comes to person to person gun sales. The remaining 32 states still fall under the federal law when buying and selling firearms. One of these laws is that it is illegal for the following persons to possess a firearm; felons, fugitives, unlawful users or addicts to a controlled substance, persons who have been adjudicated as mentally “defective” or who have been involuntarily committed to a mental institution, illegal and non-immigrant aliens, persons dishonorably discharged from the armed forces, persons who have renounced their U.S. citizenship, persons who are the subject of a qualifying domestic protection order, and persons convicted of a misdemeanor crime of domestic violence. Any and all of these persons are breaking the law if they purchase and/or possess a firearm. If a private seller knowingly, or even unknowingly, sells a firearm to anyone who falls into any category listed above, they are liable to be held as accountable for aiding and abetting a criminal. Therefore, lawful, upstanding gun owners who enjoy their rights more than the few bucks made off of a gun sale will, without a doubt, screen their potential buyers regardless of whether the government is demanding they do so in their state or not. Private sellers who knowingly and willfully sell to the persons listed above are involved in gun trafficking.
That brings me to the part of this discussion that the anti-gun progressives despise. There is in fact a loophole. It is not a loophole in the current gun laws as those against gun ownership would lead you to believe. The loophole is in the prosecution of those who have broken the existing laws. Believe it or not, there is no actual federal law to prohibit what is referred to as gun trafficking (think Operation Fast and Furious); though H.R. 3455 - Gun Trafficking Prevention Act of 2015 is currently sitting in a House subcommittee. However, even if this bill passes through legislation and becomes law, we face the very real and prevalent loophole which is the selective and/or non enforcement of current gun laws. Our very own Vice President Joe Biden is on record as stating that the Department of Justice “doesn’t have time” to prosecute those who lie on their background check forms and commit straw purchases. Even the former ATF Director, B. Todd Jones, admitted at his confirmation hearing, while being questioned by Sen. Ted Cruz, that out “of 48,321 cases involving straw buyers, the Justice Department prosecuted only 44 of them.” He sited “hard decisions” were made based on “limited resources.”
There is your loophole. It has nothing to do with gun shows or private sales. It has everything to do with a government which passes inhibiting legislation, based on agendas, without the means or desire to enforce the laws which it has created.
Criminals will find ways to illegally obtain and possess firearms. They do so by only two means. One, they have no record of doing anything previous to the background check which would show any seller, FFL or otherwise, that they are legally unable to purchase a firearm, and then they go out and commit a crime. Or two, they break the existing laws, committing a crime, in order to purchase/possess a firearm. In either case, background checks are proven to be noneffective.
If after sharing this with your progressive, anti-gun, friends and neighbors they are still staunch in their resolve to cry out over the injustice of loopholes, I hope that they are now at least aware of the line between myth and reality. The loopholes they claim to despise are not with our local gun sellers. The loophole is actually in the non enforcement of our nation’s current laws which are produced, and overwhelmingly ignored, by our legislators and federal prosecutors. Now, there is something which they can direct their disdain toward.
Blog posts are original content written by 1MMAGC moms and dads.