Private gun shows are not unregulated

It seems that every time the gun control debate resurfaces, attention turns to the so-called “gun control loophole”.

But gun shows are not unregulated.

{mosads}Under Chapter 18 Section 922 of the United States Code it is unlawful for any person “except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms.”

The federal government provides a specific definition of what a firearm dealer is. Under Chapter 18 Section 921(a)(11), a dealer is anyone “engaged in the business of selling firearms at wholesale or retail.”

This would include those engaged in business at gun shows across the country. If the individual seeks to routinely partake in the dealing of firearms for the sake of a profit, they must obtain a legal license.

Since the passage of the Brady Handgun Violence Prevention Act, all licensed dealers are required to cooperate with federal and state regulations. These include the age requirements and the FBI’s National Instant Criminal Background Check System.

Therefore, all licensed dealers at gun shows are complying with the same regulations that regular retail firearm stores do. Failure to comply with the regulations or to properly obtain a legal license is a violation of federal law. Thus the matter becomes not a lack of regulation but a lack of enforcement.

Private sellers who do not meet the federal government’s definition of a firearm dealer may still partake in private transactions so long as they do not commit time and labor to the routine purchase and sale of firearms for the sake of an income.

However, federal law prohibits non-licensed individuals from acquiring a firearm from a dealer out-of-state and transporting a firearm in interstate or foreign commerce.

Since these individuals are not operating for the routine pursuit of profit and can not by law acquire their supply out-of-state, attempts at regulating them could call into question the constitutionality of such action. These individuals are not by definition a business nor a firearm dealer, and they are not participating in interstate commerce; so the power of regulating interstate commerce by the federal government would not extend to them.

They are merely partaking in private intrastate transactions that are outside the jurisdiction of any presidential administration.

Furthermore, unlicensed dealers are by law not allowed to sell or transfer a firearm to an individual who they suspect to be a felon or underage.

Gun shows are not unregulated markets where gun regulations cease to exist. All firearm dealers are required by federal law to obtain a legal license and therefore comply with federal and state regulations. Failure to do so is not a sign of a lack of regulation but a lack of enforcement.

Those seeking the office of president of the United States should understand the current regulations before they seek to pass new ones.

Sharp is a Young Voices Advocate, and a student at West Virginia University