Tag Archives: gun rights

Gun Show Loophole Laws Should Be Banned

Gun show loophole is a political term in the United States referring to the sale of firearms by private sellers, including those done at gun shows, that do not require the seller to conduct a federal background check of the buyer. This is also called the private sale exemption.

Most gun laws are state based but the TRADE SHOW LAWS differ than Gun Laws — One Route is that pass legislation on all trade shows from cars, flowers, clothing, pets, and guns

Under federal law, any person may sell a firearm to a federally unlicensed resident of the state where they reside, as long as they do not know or have reasonable cause to believe that the person is prohibited from receiving or possessing firearms.

Under federal law, for sales of firearms by holders of a Federal Firearms License (FFL), such as gun stores, pawn shops, outdoors stores and other licensees, the seller must perform a background check of the buyer, and record the sale, regardless of whether the sale takes place at the seller’s regular place of business or at a gun show. Firearm sales between private individuals who reside in the same state – that is, sales in the “secondary market” – are exempt from these requirements. For private sales, under federal law any unlicensed person may sell a firearm to an unlicensed resident of the same state as long as the seller does not know or have reasonable cause to believe that the purchaser is prohibited from receiving or possessing firearms under federal law

Twenty-two states and the District of Columbia have laws that require background checks for some or all private sales, including sales at gun shows. In some of these states, such non-commercial sales also must be facilitated through a federally licensed dealer, who performs the background check and records the sale. In other states, gun buyers must first obtain a license or permit from the state, which performs a background check before issuing the license (thus typically not requiring a duplicative background check from a gun dealer).

Since the mid-1990s, gun control advocates have campaigned for universal background checks. Advocates for gun rights 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 the United States Constitution, specifically the Commerce Clause, does not empower the federal government to regulate non-commercial, intrastate transfers of legal firearms between private citizens.

Lets Make All Gun Shows Only Allowed to Manufacturers, Distros, or Other Companies related with businesss licenses and permits…Gun Shows (and all trade shows should not be consumer facing)

Judge dismisses personal injury case against Smith & Wesson

A federal judge reasoned Smith & Wesson was not at fault in a personal injury case in which a pistol accidentally discharged and caused a man to lose a finger.

U.S. Judge Todd Campbell followed recommendations from the court when he dismissed the case, according to his order issued Sept. 16 from a Nashville federal court.

A Tennessee couple, Randy and Vicki McNeal, sued the Massachusetts’ gun maker for more than $75,000 in January. According to their complaint, Randy McNeal was shot in the finger as he attempted to make the gun safe inside a gun store in Murfreesboro, a town just outside of Nashville. They claimed a loose screw on the built-in laser sight of their Bodyguard .380 pistol prevented the slide from locking in position.

The couple’s lawsuit says McNeal dropped the gun as he tried to lock the slide back, which he was having trouble because the screw obstructed the locking mechanism, and the gun discharged when he tried to catch it. Afterward, he needed the small finger on his left hand amputated.

The court’s report cited past rulings that state an injury is not proof of a defective product, a product failure or malfunction does not necessarily make a company liable, and the company has no duty to create an “accident proof” product.

Full article – http://www.guns.com/2016/10/04/judge-dismisses-personal-injury-case-against-smith-wesson/