States Where You Can Buy a Gun at a Gun Show Without a Waiting Period or Background Check
In the following states, private sellers (non-licensed individuals) at gun shows can sell firearms without conducting a background check or imposing a waiting period:
Alabama
Alaska
Arizona
Arkansas
Georgia
Idaho
Indiana
Kentucky
Louisiana
Maine
Mississippi
Missouri
Montana
New Hampshire
New Mexico
North Carolina (only for rifles & shotguns; handguns require a permit)
North Dakota
Ohio
Oklahoma
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
West Virginia
Wisconsin
Wyoming
All you need to do to stop that is make it possible for private individuals to conduct or verify a background check without involving an FFL dealer.
Sellers have a responsibility to sell only to non-prohibited people. Without a public background check option, that means you can’t sell if you have reason to believe they are prohibited.
As soon as you provide the option, your refusal to conduct a check on a prohibited person stops being exculpatory evidence and starts demonstrating malfeasance.
Of course that’s good because like 60% of pistol purchase permit denials were to black people and it was a jim crow law designed for exactly that, but yeah I remember reading about that when they ended it.
Virginia implemented a universal background check law a couple years ago that banned private sales without going through an FFL so they can be removed from the list. Though I’m not sure about the other half of the country
There’s one gun show near me that allows private sellers to register for a table. The only time I’ve ever seen it is people in a historic items collectors club that show up, and I’ve only ever seen one with a gun to sell that was in working order and manufactured post-1899. He wanted $5,000 for a beat up m1917 Enfield. I don’t know whether he was stupid, or looking for someone else who was.
Tbf, some states allow private sellers at gun shows, some don’t, some shows in states that do allow it won’t allow it themselves, etc. It’s kinda a mixed bag leaning more towards “mostly FFLs.”
The finer detail though is that any FFL with a table still has to run a NICS background check. While any non-FFL doesn’t (and to my knowledge can’t even if they wanted to), which is exactly the same as if they were selling privately in any other way.
So, it is true you can buy a gun without a background check at a gun show, but it’s not like it’s a special law free zone where FFLs suddenly are exempt from the rules. It’s a unique situation where businesses and private sellers are selling guns right next to each other, each following different legal requirements.
I can find several people walking around with an AR15 strapped on their back with a sign that says “For sale, $1200”. That’s the actual private sales loophole.
Total fiction. Everyone knows you have to go to a unlicensed seller at a gun show in the majority of states for that, not a gun store
in the majority of states
States Where You Can Buy a Gun at a Gun Show Without a Waiting Period or Background Check
In the following states, private sellers (non-licensed individuals) at gun shows can sell firearms without conducting a background check or imposing a waiting period:
Alabama Alaska Arizona Arkansas Georgia Idaho Indiana Kentucky Louisiana Maine Mississippi Missouri Montana New Hampshire New Mexico North Carolina (only for rifles & shotguns; handguns require a permit) North Dakota Ohio Oklahoma South Carolina South Dakota Tennessee Texas Utah Vermont Virginia West Virginia Wisconsin Wyoming
FREEDOM
North Carolina no longer requires a permit, except for concealed carry.
Which is good because it was a racist Jim Crow law and the majority of denials were to black people.
I did not know that. I do know you still have to get the federal background check, but that is handled by the gun shops and not the state.
Well gun shops and FBI of course, but yeah not the state.
All you need to do to stop that is make it possible for private individuals to conduct or verify a background check without involving an FFL dealer.
Sellers have a responsibility to sell only to non-prohibited people. Without a public background check option, that means you can’t sell if you have reason to believe they are prohibited.
As soon as you provide the option, your refusal to conduct a check on a prohibited person stops being exculpatory evidence and starts demonstrating malfeasance.
I love that the only surprising part of that list is that north Carolina was somewhat responsible
According to another comment reply that info is out of date
Of course that’s good because like 60% of pistol purchase permit denials were to black people and it was a jim crow law designed for exactly that, but yeah I remember reading about that when they ended it.
Virginia implemented a universal background check law a couple years ago that banned private sales without going through an FFL so they can be removed from the list. Though I’m not sure about the other half of the country
It doesn’t have to be a gun show, can be anywhere. I’ve legally purchased a handful of guns in random parking lots.
Says people who have never been to a gun show. Find me ONE table that’s unlicensed.
There’s one gun show near me that allows private sellers to register for a table. The only time I’ve ever seen it is people in a historic items collectors club that show up, and I’ve only ever seen one with a gun to sell that was in working order and manufactured post-1899. He wanted $5,000 for a beat up m1917 Enfield. I don’t know whether he was stupid, or looking for someone else who was.
Tbf, some states allow private sellers at gun shows, some don’t, some shows in states that do allow it won’t allow it themselves, etc. It’s kinda a mixed bag leaning more towards “mostly FFLs.”
My local has both, for instance.
I’m sure there are plenty.
The finer detail though is that any FFL with a table still has to run a NICS background check. While any non-FFL doesn’t (and to my knowledge can’t even if they wanted to), which is exactly the same as if they were selling privately in any other way.
So, it is true you can buy a gun without a background check at a gun show, but it’s not like it’s a special law free zone where FFLs suddenly are exempt from the rules. It’s a unique situation where businesses and private sellers are selling guns right next to each other, each following different legal requirements.
I can find several people walking around with an AR15 strapped on their back with a sign that says “For sale, $1200”. That’s the actual private sales loophole.