As a law professor, I sometimes summarize the Brady Bill’s background-check requirement like this: “Under federal law, people who want to purchase a firearm have to go through a background check — unless they don’t want to.” That is not a terribly sensible system of firearms regulation, but that is what we have.
Under federal law, only a licensed dealer is required to initiate a background check before transferring a firearm. Thus, as long as a buyer is not acquiring a firearm from a dealer, no background check is required. That’s where the so-called gun-show loophole comes in.
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