When our country was founded our forefathers realized the right to keep and bear arms was essential to a free society. One hundred-fifty years passed as America grew from 13 to 48 states. In the 1930s a Federal Firearms law was passed. Under this new law, firearms dealers were required to be licensed. The new Firearms license was called The Federal Firearms License or FFL. This license was required for any dealer receiving firearms in interstate commerce. The dealer was also required to maintain a bound logbook listing the make, model, serial number, type and caliber of the firearm. Also, the name and address or FFL of the seller and date of acquisition and the name, address or FFL of the purchaser and date of sale. This law did not have any bearing on sales between private citizens, only firearms involved in interstate commerce through FFL dealers.

In 1968 Congress passed a new Federal Firearms law. This law stopped out-of-state sales of all firearms. A citizen of one state who wanted to purchase a firearm in another state had to have it shipped to an FFL dealer in his home state and complete the sale under his home state laws. Also, dealers were required to have all purchasers fill out a 4473 form and keep this form as part of their record of sale. This new law did not affect the sale of firearms between individuals within the same state. They only had to follow state law.

Because of the restrictions on buying and transferring of collectable firearms, many collectors applied for and received Federal Firearms license. Many of these are the people that have tables at gun shows throughout the United States.

In 1988 the Volkmer-McClure Bill was passed. This law, among other things, permitted the sale of long guns across state lines, provided that the laws of both the buyer’s and the seller’s state were followed.

In the 1990s, President Clinton said that there were too many Federal Firearms license holders and the ATF began tightening renewals of FFLs. In the next 3-year period approximately 150,000 Federal Firearms license were not renewed. Many of these were from collectors who had tables at gun shows and were told that they didn’t need an FFL to sell at a show they only had to follow state laws.

In 1998 the National Instant Check went into an effect. This was for FFL dealers to make phone calls to check the background of their customers through a National Instant Check system under Federal law. This did not have any effect on individual sales within the state. Individuals selling firearms in their own home state only had to follow state laws.

Now the same people who were happy to see 150,000 Federal firearms licenses NOT renewed are the ones now calling it a loophole. These are the people that wish to take away the rights and freedoms of all of us. There is NO Gun Show Loophole. The people that coined the phrase “gun show loophole” are the same people that want to stop the transfer of all firearms between individuals. Many want to prohibit the transfer of firearms from inheritance and also between family members. They want a Federal check on every firearms sale or transfer. It has nothing to do with reducing crime, just more government of our lives and the eroding of our personal freedom. 

Robert L. Viden is an ANJRPC Regional Vice President and a Director of the NRA


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