# Background checks at gun shows.

**URL:** <https://boards.straightdope.com/t/background-checks-at-gun-shows/818396>\
**Category:** Factual Questions\
**Created:** [July 23, 2018, 12:52am UTC](https://boards.straightdope.com/t/background-checks-at-gun-shows/818396 "2018-07-23T00:52:58Z")\
**Posts on this page:** 8\
**Page:** 1

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**Author:** ![carnivorousplant](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnivorousplant/32/3563_2.png) [@carnivorousplant](https://boards.straightdope.com/u/carnivorousplant)\
**Post date:** [July 23, 2018, 12:52am UTC](https://boards.straightdope.com/t/background-checks-at-gun-shows/818396/1 "2018-07-23T00:52:58Z")

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About fifteen years ago, I bought a pistol at a gun show. I handed the guy money and he handed me the gun. I went to a gun show in Arkansas Saturday, and vendors were taking ID, having the buyer fill out a form, and doing something with a laptop.  
When did this start? Is it state or Federal?

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**Author:** ![Dobbs](https://avatars.discourse-cdn.com/v4/letter/d/5f9b8f/32.png) [@Dobbs](https://boards.straightdope.com/u/Dobbs)\
**Post date:** [July 23, 2018, 1:03am UTC](https://boards.straightdope.com/t/background-checks-at-gun-shows/818396/2 "2018-07-23T01:03:12Z")

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I don’t know Arkansas laws, but as a general rule, if you buy from a private seller (that is, some guy who has a full time job not selling guns, who decides to sell off a coupla guns he’s had for a while), it’s cash and carry. If the seller is a licensed dealer, he must follow all federal, state and local laws, the same as if he sells at any other location.

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**Author:** ![snoe](https://avatars.discourse-cdn.com/v4/letter/s/43a26b/32.png) [@snoe](https://boards.straightdope.com/u/snoe)\
**Post date:** [July 23, 2018, 1:07am UTC](https://boards.straightdope.com/t/background-checks-at-gun-shows/818396/3 "2018-07-23T01:07:40Z")

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> [@carnivorousplant](#):
>
> About fifteen years ago, I bought a pistol at a gun show. I handed the guy money and he handed me the gun. I went to a gun show in Arkansas Saturday, and vendors were taking ID, having the buyer fill out a form, and doing something with a laptop.  
> When did this start? Is it state or Federal?

Some states have, to use triggering language, taken steps to “close the gun show loophole.” [Universal Background Checks | Giffords](http://lawcenter.giffords.org/gun-laws/policy-areas/background-checks/universal-background-checks/#state) . So you may have been in such a state?

More likely: a quick googling of “background checks at gun shows” turned this up:

> [@](#):
>
> [**Even in states that do not require background checks of private vendors, the venue hosting the event may require it as a matter of policy. In other cases, private vendors may opt to have a third-party licensed dealer run a background check even though it may not be required by law.**](http://www.governing.com/gov-data/safety-justice/gun-show-firearms-bankground-checks-state-laws-map.html)

Hope that helps.

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**Author:** ![carnivorousplant](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnivorousplant/32/3563_2.png) [@carnivorousplant](https://boards.straightdope.com/u/carnivorousplant)\
**Post date:** [July 23, 2018, 1:40am UTC](https://boards.straightdope.com/t/background-checks-at-gun-shows/818396/4 "2018-07-23T01:40:14Z")

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> [@Dobbs](#):
>
> I don’t know Arkansas laws, but as a general rule, if you buy from a private seller (that is, some guy who has a full time job not selling guns, who decides to sell off a coupla guns he’s had for a while), it’s cash and carry. If the seller is a licensed dealer, he must follow all federal, state and local laws, the same as if he sells at any other location.

The guy owns a gun shop in Searcy, AR. That is probably it.  
Thanks, Dobbs!  
“Dobbs” was the Bogart character in \*Treasure of the Sierra Madre. \* :dubious:

The guy did ask everyone if they had a concealed carry license, if so they were apparently exempt from the paper work and check.

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**Author:** ![MichaelEmouse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/michaelemouse/32/101_2.png) [@MichaelEmouse](https://boards.straightdope.com/u/MichaelEmouse)\
**Post date:** [July 23, 2018, 10:53am UTC](https://boards.straightdope.com/t/background-checks-at-gun-shows/818396/5 "2018-07-23T10:53:56Z")

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May I tack a related question?

Isn’t it more involved for someone to purchase a gun from a state in which they’re not a resident? Do vendors often ask if you’re from out of state? Do private sellers have some obligations when it comes to selling to non-state residents?

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**Author:** ![GaryM](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/garym/32/241_2.png) [@GaryM](https://boards.straightdope.com/u/GaryM)\
**Post date:** [July 23, 2018, 12:47pm UTC](https://boards.straightdope.com/t/background-checks-at-gun-shows/818396/6 "2018-07-23T12:47:51Z")

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It’s illegal under federal law to sell a handgun to someone who is not a resident of the state where the transaction takes place. Long guns may be transferred to non residents in accordance with state laws.

As a Missouri resident I can buy handguns in my state, but not in Kansas etc. I can buy a long gun in Kansas if it is allowed under both Missouri and Kansas law. At one time Missouri law allowed residents to only buy long guns in states that adjoined Missouri. I don’t know if that is still in effect.

A hand gun would have to be transferred to a Missouri dealer who would then complete the sale.

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**Author:** ![jz78817](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jz78817/32/1028_2.png) [@jz78817](https://boards.straightdope.com/u/jz78817)\
**Post date:** [July 23, 2018, 1:36pm UTC](https://boards.straightdope.com/t/background-checks-at-gun-shows/818396/7 "2018-07-23T13:36:32Z")

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> [@Dobbs](#):
>
> I don’t know Arkansas laws, but as a general rule, if you buy from a private seller (that is, some guy who has a full time job not selling guns, who decides to sell off a coupla guns he’s had for a while), it’s cash and carry. If the seller is a licensed dealer, he must follow all federal, state and local laws, the same as if he sells at any other location.

not in Michigan, at least for handguns. you cannot legally transfer a handgun to a private individual (whether you’re a licensed dealer or also a private individual) without the buyer being checked. Dealers use the federal NICS, private sales have to be conducted through the buyer’s local police department.

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**Author:** ![ZonexandScout](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/zonexandscout/32/544_2.png) [@ZonexandScout](https://boards.straightdope.com/u/ZonexandScout)\
**Post date:** [July 23, 2018, 2:49pm UTC](https://boards.straightdope.com/t/background-checks-at-gun-shows/818396/8 "2018-07-23T14:49:34Z")

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> [@carnivorousplant](#):
>
> The guy owns a gun shop in Searcy, AR. That is probably it.  
> Thanks, Dobbs!  
> “Dobbs” was the Bogart character in \*Treasure of the Sierra Madre. \* :dubious:
> 
> The guy did ask everyone if they had a concealed carry license, if so they were apparently exempt from the paper work and check.

I don’t know about Arkansas law (and I’m too lazy to check), but in NC a separate permit to purchase a handgun is required. This is in addition to any NCIS check and Form 4473 required of the FFL holder. Permits are issued by the sheriff of the county in which the purchaser resides. A permit is required even if it is a private transaction. However, if the purchaser holds a permit to CCH (the NC term), the permit to purchase a handgun is NOT required.

In other words, a permit to purchase a handgun (or a CCH) is required even at gun shows where the seller is not a firearms dealer.

(Of course, there are over 700,000 CCH holders in NC, so it’s pretty normal for purchasers to not have to deal with such permits.)
