Originally Posted by OZ-T
Do you have any proof of that ?
It is largely irrelevant.
We already have background checks for new or used firearms purchases from a gun dealer.
The numbers come from polls. I've participated in quite a number of polls and the questions are very leading.
"The law states that there must be a background check run when a firearm is purchased. Do you support this?"
I don't know of many people that would say no.
But what is being proposed is the expansion of the current law to cover background checks on private party transfers. We already have that in California, but in most "free" states, you can meet a person in the Wal Mart parking lot and buy a gun from them.
This is what is called "the gun show loophole"
Tables at gun shows are not cheap, so someone will buy a table, and rent space to others who have one or two guns they want to sell.
Within federal law, and within the laws of the state the show is in, this is no different than meeting in a parking lot... but it provides a safer location, with a better selection of buyers and sellers.
A person can NOT legally go to a gun show in a different state and buy a gun from a resident of that state. That falls under Federal law and requires a dealer to make the interstate transfer (and background check).
The problem with expanding background checks on the Federal level is that the Federal government has no authority over private party transactions of non-restricted items. That is an issue for the states to decide.
Congress knows this. Passing mandatory background checks on private party transfers would be tossed by the SCOTUS.