Private sale loophole

Gun show loophole, gun law loophole, Brady law loophole (or Brady bill loophole), private sale loophole, and private sale exemption are political terms in the United States referring to sales of firearms by private sellers, including those done at gun shows, dubbed the "secondary market". The term refers to the concept that a loophole in federal law exists, under which "[a]ny person may sell a firearm to an unlicensed resident of the state where they reside, as long as they do not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms".

Under Chapter 18 Section 922 of the United States Code it is unlawful for any person "except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms."

The federal government provides a specific definition of what a firearm dealer is. UnderChapter 18 Section 921(a)(11), a dealer is anyone "engaged in the business of selling firearms at wholesale or retail

Under federal law, private-party sellers are not required to perform background checks on buyers, whether at a gun show or other venue. They also are not required to record the sale, or ask for identification. This requirement is in contrast to sales by gun stores and other Federal Firearms License (FFL) holders who are required to record all sales and perform background checks on almost all buyers, regardless of whether the venue is their business location or a gun show. Access to the National Instant Criminal Background Check System (NICS) is limited to FFL holders and FFLs are not issued to persons that only sell firearms at gun shows.

Since the mid-1990s, gun control advocates have voiced concern over the perceived loophole in legislation, and campaigned to require background checks and record-keeping for all gun sales. Contrarily, gun rights advocates have stated that there is no loophole, that current laws provide a single, uniform set of rules for commercial gun sellers regardless of the place of sale, and that no part of the United States Constitution empowers the federal government to regulate non-commercial, intrastate transfers of legal firearms types between private citizens.

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