The "gun show loophole" does not exist. FFL dealers at gun shows are required to have the purchaser complete a 4473 and the FFL must submit the info to ATF for the NICS check which usually takes 30 seconds. This the same process that must be used at the FFL dealer's normal place of business.
Gun owners who are not FFL dealers may sell a firearm to another person at a gun show or at home without obtaining a 4473 and submitting it to the ATF for a NICS check.
In other words, gun owners who are not FFL dealers are not treated by federal law as though they were FFL dealers.
If anti-gun people insist on calling this a "loophole", they should refer to it as the "private sale loophole", the same "loophole" that exists for any personal property for which there is no registration or license requirement such as a used lawn mower or virtually any other product often found at a garage sale.
PS I believe sellers at gun shows in some jurisdictions must be FFL dealers and some jurisdictions do not allow gun shows.
NRA Life Member - RMEF Life Member - Vietnam Vet
Last edited by lefteye; January 15, 2013 at 08:05 PM.