Gun show loop holes?

[Markp]

This is scary. Which law is this?

This is how close full gun control is!

Remove the bolded portions, add the one bolded underlined line, and voila you have full gun control.

USC › Title 26 › Subtitle E › Chapter 53 › Subchapter B › Part I › § 5845

26 USC § 5845

The term “firearm” means

(1) a shotgun having a barrel or barrels of less than 18 inches in length;
(2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length;
(3) a rifle having a barrel or barrels of less than 16 inches in length;
(4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length;
(5) any other weapon, as defined in subsection (e);
(6) a machinegun;
(7) any silencer (as defined in section 921 of title 18, United States Code); and
(8) a destructive device. The term “firearm” shall not include an antique firearm or any device (other than a machinegun or destructive device) which, although designed as a weapon, the Secretary finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector’s item and is not likely to be used as a weapon.
(9) a handgun


All of a sudden this becomes the law of the land for ALL firearms.

26 USC § 5811 - Transfer tax

(a) Rate
There shall be levied, collected, and paid on firearms transferred a tax at the rate of $200 for each firearm transferred, except, the transfer tax on any firearm classified as any other weapon under section 5845 (e) shall be at the rate of $5 for each such firearm transferred.

(b) By whom paid
The tax imposed by subsection (a) of this section shall be paid by the transferor.

(c) Payment
The tax imposed by subsection (a) of this section shall be payable by the appropriate stamps prescribed for payment by the Secretary.




26 USC § 5841 - Registration of firearms

(a) Central registry
The Secretary shall maintain a central registry of all firearms in the United States which are not in the possession or under the control of the United States. This registry shall be known as the National Firearms Registration and Transfer Record. The registry shall include—
(1) identification of the firearm;
(2) date of registration; and
(3) identification and address of person entitled to possession of the firearm.

(b) By whom registered
Each manufacturer, importer, and maker shall register each firearm he manufactures, imports, or makes. Each firearm transferred shall be registered to the transferee by the transferor.

(c) How registered
Each manufacturer shall notify the Secretary of the manufacture of a firearm in such manner as may by regulations be prescribed and such notification shall effect the registration of the firearm required by this section. Each importer, maker, and transferor of a firearm shall, prior to importing, making, or transferring a firearm, obtain authorization in such manner as required by this chapter or regulations issued thereunder to import, make, or transfer the firearm, and such authorization shall effect the registration of the firearm required by this section.

(d) Firearms registered on effective date of this Act
A person shown as possessing a firearm by the records maintained by the Secretary pursuant to the National Firearms Act in force on the day immediately prior to the effective date of the National Firearms Act of 1968 [1] shall be considered to have registered under this section the firearms in his possession which are disclosed by that record as being in his possession.

(e) Proof of registration
A person possessing a firearm registered as required by this section shall retain proof of registration which shall be made available to the Secretary upon request.

 

[kalister1]

And with the stroke of Obama's pen, Ford will have to give a new truck to every citizen in this country.
And IF a frog had wings, he would not bump his ass when he hops.

 

[Markp]

And with the stroke of Obama's pen, Ford will have to give a new truck to every citizen in this country.
And IF a frog had wings, he would not bump his ass when he hops.

Right, because that could NEVER happen.

 

[HBAR]

what you posted. has that already taken affect? or is it waiting approval?
also, it said a rifle having less than 16inches. so if you had an HBAR-15 with a 16inch barrel(because its not less than) then you should be fine, right? and if your fine then you wouldnt have to pay the $200, correct? or am i totally wrong?

 

[Markp]

what you posted. has that already taken affect? or is it waiting approval?
also, it said a rifle having less than 16inches. so if you had an HBAR-15 with a 16inch barrel(because its not less than) then you should be fine, right? and if your fine then you wouldnt have to pay the $200, correct? or am i totally wrong?

Everything I posted is current law (except (9) a handgun) . However, removing a few bolded words would cause chaos and panic to ensue...

Currently rifles with barrels under 16" in length or having an overall length of less than 26" require a $200 federal tax stamp to possess.

Overall length (for federal purposes) is measured with any folding or collapsible stock fully extended.

Mark

 

[HBAR]

oh damn! wow i need to buy my HBAR asap before MD makes it like for a barrel under the length of 20 inches. i mean i can see that happening some time in the future

 

[Pushrod]

BUT...that only includes unregulated firearms. If I'm walking around with an AR-15 or a Glock 19 those must go through the background check and all applicable local laws governing regulated weapons.

If I'm selling a shotgun or .22 bolt action, unregulated weapon then, I believe it's called, a "kitchen table purchase".

Apparently some anti gunners consider this a loop hole. As if all sorts of crimes are being committed with bolt action .22 long rifles.

Only in Maryland and a few other restrictive states. That is not federal law.

 

[HBAR]

hahaha! your state location is hilarious!

 

[joelaz]

Let's wake up people and stop using this "loop hole" wording!! It just shows ignorance by using the anti's words.

 

[AC MkIII]

This is how close full gun control is!

Remove the bolded portions, add the one bolded underlined line, and voila you have full gun control.

USC › Title 26 › Subtitle E › Chapter 53 › Subchapter B › Part I › § 5845

26 USC § 5845

The term “firearm” means

(1) a shotgun having a barrel or barrels of less than 18 inches in length;
(2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length;
(3) a rifle having a barrel or barrels of less than 16 inches in length;
(4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length;
(5) any other weapon, as defined in subsection (e);
(6) a machinegun;
(7) any silencer (as defined in section 921 of title 18, United States Code); and
(8) a destructive device. The term “firearm” shall not include an antique firearm or any device (other than a machinegun or destructive device) which, although designed as a weapon, the Secretary finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector’s item and is not likely to be used as a weapon.
(9) a handgun


All of a sudden this becomes the law of the land for ALL firearms.

26 USC § 5811 - Transfer tax

(a) Rate
There shall be levied, collected, and paid on firearms transferred a tax at the rate of $200 for each firearm transferred, except, the transfer tax on any firearm classified as any other weapon under section 5845 (e) shall be at the rate of $5 for each such firearm transferred.

(b) By whom paid
The tax imposed by subsection (a) of this section shall be paid by the transferor.

(c) Payment
The tax imposed by subsection (a) of this section shall be payable by the appropriate stamps prescribed for payment by the Secretary.




26 USC § 5841 - Registration of firearms

(a) Central registry
The Secretary shall maintain a central registry of all firearms in the United States which are not in the possession or under the control of the United States. This registry shall be known as the National Firearms Registration and Transfer Record. The registry shall include—
(1) identification of the firearm;
(2) date of registration; and
(3) identification and address of person entitled to possession of the firearm.

(b) By whom registered
Each manufacturer, importer, and maker shall register each firearm he manufactures, imports, or makes. Each firearm transferred shall be registered to the transferee by the transferor.

(c) How registered
Each manufacturer shall notify the Secretary of the manufacture of a firearm in such manner as may by regulations be prescribed and such notification shall effect the registration of the firearm required by this section. Each importer, maker, and transferor of a firearm shall, prior to importing, making, or transferring a firearm, obtain authorization in such manner as required by this chapter or regulations issued thereunder to import, make, or transfer the firearm, and such authorization shall effect the registration of the firearm required by this section.

(d) Firearms registered on effective date of this Act
A person shown as possessing a firearm by the records maintained by the Secretary pursuant to the National Firearms Act in force on the day immediately prior to the effective date of the National Firearms Act of 1968 [1] shall be considered to have registered under this section the firearms in his possession which are disclosed by that record as being in his possession.

(e) Proof of registration
A person possessing a firearm registered as required by this section shall retain proof of registration which shall be made available to the Secretary upon request.

Can't happen. The wording would be to simple and lawyers don't like that.

 

[Markp]

Can't happen. The wording would be to simple and lawyers don't like that.

Good point, lawyers like adding words, not removing them... I am thankful for that!

 

[HBAR]

Let's wake up people and stop using this "loop hole" wording!! It just shows ignorance by using the anti's words.

Everyone is fully aware of this... alittle late.

 

[HBAR]

Can't happen. The wording would be to simple and lawyers don't like that.

 

[Patrick]

When you hear those magic words "Gun Show Loop Hole", what you are hearing is the despondence of those who want to regulate all firearms into non-existence, for having forgot to make yet another thing illegal.

Absent regulation, you can sell things you own to people you choose without asking the government for permission: skateboards, computers, jewelry...and even guns. The difference is that guns come with a whole slew of regulations at the federal and state level you must be aware of. They are not skateboards, but some come close.


Firstly, the federal law operates on the principle that a private seller of a firearm should not sell his or her firearm to someone they know to be prohibited. This little requirement is a big deal, because it makes straw purchases - where a legal person buys a firearm for someone not allowed to possess a gun - illegal. It covers several circumstance, such as when a felon asks his girlfriend to buy a gun for him because he knows he would not qualify. In this case, both parties are breaking the law (and so is a licensed dealer if she/he knows it's a straw sale).

The Federal government, and some states have additional regulations on transfers. Maryland is one of them. All handguns and "regulated" firearms must be transferred through an licensed dealer who will complete the transfer and assure that each side is legal. That said, most long guns (shotguns and rifles) do not have any additional regulation for transfer between any parties. That means they can exchange hands without a licensed dealer involved.


The United States has a great deal of regulation over everything. So much that we sometimes forget that absent regulation, we can do what we want. I won't even get into how far regulation has intruded into our lives, but will say that when it comes to firearms there is a presumption that the government must first authorize the activity. And frankly, it's a safe bet that most everything related to something you want to do with a firearm is regulated, simply because years and years of heavy-handed lawmaking has made it so.

So the "loop hole" is the angst of the gun-banners that they forgot to make law against one more thing: private transfers. They missed that boat and hate themselves for it. Hence the panty-wetting from the MSM and Bloomberg.

Any person that buys a large number of firearms and then transfers them is a dealer whether they have a license or not. If they do it without license, they are breaking the law. If the police catch them, they will be prosecuted (unless the ATF was involved). This is already law. There is no need for more of it.

The only reason they want to stop private transfers is to stop transfers between gun owners, and in my opinion - into the hands of non-gun owners. There are still a lot of folks that don't want to go into a gun store and are intimidated by the paperwork, expense and frankly some of the surly people who work at gun stores. But they want a gun. Getting a shotgun from a friend gives them something they do not have and creates yet another gun owner in the USA.

I think one of the key reasons the anti-gunners hate the private transfer is because absent that ability, some people would never get a gun due to the hassle. That is their goal. Likewise, they will never be able to compile that list of guns and owners unless they make it all go through them, first.

You are aware that every form 4473 you fill out will eventually go to a place in West Virginia and sit in storage until the day the government can pass a law converting them all into electrons stored in a database, right?

This is not conspiracy. Every FFL knows they must save the paperwork and send it in someday. The anti-rights crowd openly talk about the possibilities of a gun registry, and the legislators on their side periodically attempt to get all those historical transaction forms (currently sitting in boxes) "electronically cataloged" for "efficiency". This is their goal: a complete list of guns and owners, together with laws making it illegal to own a gun not in "the registry". What they do with that list is a topic for another day, but history and stated intent prove illustrative in that regard.

 

[Chromantix]

The bottom line (to me) is summed up in the following:

* Fearful people see weapons as a threat
* These people call upon politicians for protection
* Politicians, seeing that weapons are a threat to themselves as well, comply
* Violating the Constitution without consequence takes a long, long time, with many concessions between both parties along the way. This is usually referred to as the "slippery slope", and though it is listed as a formal fallacy, wisdom and a look at history prove the validity of my statement.
* Slowly, Federal and local Governments violate our Constitution a piece at a time. One day they stop issuing CCW permits. Another, they restrict knives of a certain length. Another, they support an arbitrary decision to ban a certain weapon because of how it looks. Another they ban certain ammunition because it's more dangerous than another kind. Another they ban the sale of private property and restrict citizens their right of self protection (it's a loophole!!!).
* Violent crime goes up due to lawful citizens complying with unconstitutional laws while the lawless (gangs, illegals, etc) continue to perpetrate violence against the unprotected masses (e.g. disallowing the carrying of a concealed weapon be it handgun or knife, making defense of your own home a crime, etc).

This is a self-fulfilling prophecy: the Government shows itself more in need of control (force) to solve the very problems it created by exerting control (force) over a free society. Criminals get more rights than victims as more and more laws are passed to try and "fix" the problem the lawmakers created. At the end of the day, all that's really being done here is pacification of the population.

There are only two options: the thinking and the unthinkable. The thinking choice is to unify our voices, support causes (e.g. MSI, GOA, etc) who support the Constitution, and spend 30m every four years to vote exclusively for people who support our rights. The unthinkable choice is quite simply revolution.

 

[upacreek]

Those "smilies" above are kind of how i feel at the moment.


I was watching Vanguard, and there was this one documentary about how guns were going south and drugs were going north. While this is very true, it showed a thing about "gun loop hole" where you buy from a private vendor with no background check and its completely legal. Now i never plan on doing this, i was just wondering if it was legal or possible in the state of MD, as seeing they are very strict on their gun laws.

Just wondering because i was curious and i dont like to be mis-informed

The only loophole is the fact that certain "unlicensed sellers" dont follow the golden rule of "A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law."

Unfortunately, unlicensed sellers would rather move product rather than running a simple background check(google or case search)

But, the very same thing could happen at a private residence, as is our right.

I love my rights, but idiots like that will be the end of them.

AMERICA!!!