A Gun Buyers Loophole

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Gun control has always been a heated topic of debate, especially for those who truly believe in the Second Amendment. However, I believe the citizens of Virginia have misinterpreted the meaning of the Second Amendment. While addressing the Virginia Ratification Convention in 1788 (Who is the Militia), Patrick Henry stated

Guard with jealous attention the public liberty. Suspect every one who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined. The great object is that every man be armed and everyone who is able may have a gun. (Guns and Gun Control)

I agree that every man should have the right to be armed but laws passed to protect the innocent, should at all times be held to the highest standard. Recent studies show that many illegal gun sells were conducted in Virginia due to the gun show loophole.

In 00, instant background checks in Virginia

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stopped ,65 firearms from getting into the wrong hands (Johnson A10). These preventions were due to an instant background check, which is the most important step in buying a firearm. Federal Firearm License holders and unlicensed dealers can buy and sell at these shows without the burden of a background check. However, those who were not stopped purchased at gun shows held around the state. Most people refer to this as a loophole in the state legal system. The loophole is being able to sell guns, knowingly or unknowingly, to anonymous or prohibited buyers. Virginia law prohibits the purchase of guns to those who have been found mentally incapacitated, were involuntarily committed, are under protective order, or have been convicted of drug offenses and felonies (Korwin 1). During an instant background check, these offenses are usually discovered, thus preventing firearms from falling into the wrong hands.

A gun show is a temporary market for guns and ammunition. Individuals can attend a gun show to buy, sell or just browse. These gun shows are normally held over a weekend during afternoon and early evening hours. Hunters and gun collectors are especially drawn to gun shows. Shows can be held at an indoor stadium, arena or even a shopping mall. Federally licensed and unlicensed gun dealers may sell, trade or buy at these shows. Currently, the Commonwealth of Virginia does not

require a background check before purchasing a firearm at these shows. Normally, background checks are conducted on those individuals buying handguns or automatic rifles from an established gun dealer on their business premise (Korwin ).

Failing to conduct a background check during these shows contributes to the rising threat of gun violence

Studies have proven that 74 Virginians died from gun violence in 000, of which 5 were eighteen years old or younger. This contributes to Virginias gun death rate being higher than the national average. And states that do not require gun show background checks, such as Virginia,

are more likely to export crime guns to other states. (Educational Fund)

It has also been found that 10 % of guns used in juvenile crime were sold at gun shows (United States). With the statistics clearly pointing the finger towards the gun shows, why hasnt the Virginia legislature passed a new law? It is the Brady Law that was passed by Congress that requires the use of instant background checks. Virginia complied with the Brady Law and requires a background check when conducting transactions with a federally licensed dealer. However, that requirement has not been passed into law for gun shows. Many Virginians feel that

passing this a at a local gun show is in violation of the Second Amendment. If a criminal or someone wanted to buy a gun illegally, they could easily avoid the background check and buy at a gun show.

There are ways to prevent the gun show loophole or at least have a voice in preventing it. Currently, anti-gun and gun control organizations are lobbying the Virginia legislature. They are fighting to prevent this loophole and hopefully see that background checks become mandatory at gun shows. As previously mentioned, the Brady Law, which was passed in 14 (Brady Center) called for the control of handguns. This law was named after press secretary Jim Brady, who was seriously injured during the 181 attempt to assassinate President Ronald Reagan. Jim Brady and his wife Sarah campaigned and fought for the law to be passed. If more Virginians took the same initiative and concern as the Bradys did, I feel a new law could be passed in favor of gun show background checks.

I believe in the Second Amendment and support organizations such as the National Rifle Association. However, I feel guns should be bought and sold legally. They should be controlled in a manner that would prevent them from falling into the wrong hands. The real victims in this loophole are those who are injured or killed with firearms that were illegally placed into the wrong hands. The recent studies conducted over the last few

years clearly prove that gun show sales need to be regulated. They can be regulated by complying with the Brady Law all over Virginia, not just at established premises.

Whether you own guns for hunting, protection, or collecting, that right should not be regulated in any way. What needs to be regulated is the way guns are distributed among the public. Laws have been passed to protect the innocent and keep guns out of the wrong hands. The second amendment guarantees us the right to bear arms and the right to protect our person and property. However, the laws need to be revised to cover every situation possible that would allow a gun to be placed into the wrong hands. Gun shows are the main loophole within the State of Virginia but not the only one. It will take all Virginians to help pass and enforce new laws concerning gun control. When another death or injury occurs due to an illegally sold gun, it is to late to take action.

Works Cited

Brady Center. The Brady Campaign. 14 Mar. 00 http//www.bradycampaign.org/facts/gunlaws/brady.asp

frame_edfund_statecamp_va.html.

Educational Fund to Stop Gun Violence. The Coalition To Stop Gun Violence. http//www.gunfree.org/content/edfund/Frame_edfund_statecamp_va.html.

Guns and Gun Control. University of Kansas. 15 Mar. 00. http//busboy.sped.ukans.edu/~adams/gunquote.htm.

Johnson, Justin. A Deadly Loophole Needs Closing in Va. Virginian-Pilot.1 Jan. 00 A10.

Korwin, Alan, and Steve Maniscalco. The Virginia Gun Owners Guide. Phoenix, AZ Bloomfield, 00.

United States Department of Justice. United States Department of Justice. 15 Mar. 00. http//www.atf.gov80/pub/fire-explo_pub/00400report.pdf.

Who is the Militia? Public Broadcasting Service. 15 Mar. 00 http//www.pbs.org/williamsburg/voteasvoice/henry.html.http//www.gunfree.org/content/edfund/Frame_edfund_statecamp_va.html

United States Department of Justice. United States Department of Justice. 15 Mar. 00. http//www.atf.gov80/pub/fire-

explo_pub/00400report.pdf.

Who is the Militia. Public Broadcasting Service. 15 Mar. 00 http//www.pbs.org/williamsburg/voteasvoice/henry.html.

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