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Originally Posted by spanishjames
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Originally Posted by Spats McGee
Under 18 USC 922, a sale is prohibited where a seller knows or has reasonable cause to believe that the buyer does not reside in the same state as the seller. That does not mean that the seller is required to investigate the buyer's state of residence.
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Then there's the loophole the antis are up in arms about. In Illinois, we have a FOID which is needed to possess a firearm. I assumed you had to, at the very least, need to show an ID/DL to prove you're 21 for a handgun, and a resident of that state.
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I have a two-part response. First of all, just because Illinois is more restrictive than necessary does not mean that the rest of us are working through a loophole. Second, IMO, a loophole is an unintended consequence of some ambiguity in a law. Private sales being exempt from background checks are not a loophole. That's how private sales have always worked in the vast majority of states in this country since 1776. It's also how the overwhelming majority of private property sales operate.
We in the gun community have got to stop treating private sales as some kind of aberration or loophole.