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Old May 5, 2013, 10:54 PM   #29
JohnKSa
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Join Date: February 12, 2001
Location: DFW Area
Posts: 24,992
Quote:
It is perfectly legal to purchase a gun from a gun dealer at a gunshow withou a background check....IF the gun being purchased is not on his FFL book and is part of his personal collection.
That is correct. However, although a dealer is involved, as far as the law is concerned, these are private sales, not dealer sales in any conventional sense.
Quote:
Correct, it is perfectly legal to purchase from a dealer without a background check under certain circumstances at a gun shows in most states at most places. So JohnKSa friends are correct.
The private sales allowance that makes it legal for licensed persons to sell privately owned firearms in private sales is really the exception to the rule of how dealers must legally operate, it's not the rule.

The people I'm talking about are not correct because what they believe is that things are fundamentally different in terms of the legality of transfers/background checks at gunshows. They aren't. If a sale requires a background check, it still requires a background check if it takes place at a gunshow. If a sale doesn't require a background check at a gunshow it doesn't require a background check anywhere.

The people I'm talking about are under the impression that there is a legal way for commercial/business-related/dealer-stocked firearm sales to take place without a form 4473 and without a background check.

My point about people being generally uninformed about the current laws regarding firearm transfers is unaffected by the fact that licensed persons can sell privately owned firearms in exactly the same manner as unlicensed persons can sell privately owned firearms.

That point is, people who don't understand the existing laws and who are asked basic questions about changing the laws without clarification will likely answer questions about expanding background checks in such a way that their answers only reveal how misinformed they are and won't really provide any useful information about what they think should and shouldn't be legal.
Quote:
I was offered a Sun Devil ar-15 for $2100.00 and when I gave the dealer my drvers license he refused to take it and asked if I had cash.....or I had to pay a credit card fee. I was in a neighboring state at the time.
If he was attempting to make a private sale across state lines, he was attempting to violate federal law, and you also would have been in violation had you taken him up on his offer.
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