When Are Background Checks Required?
Whichever term you prefer, or even if you think the loophole doesn’t exist, the phrase represents a real phenomenon under federal law: Not every gun sale is preceded by a background check.
The laws vary, but in most states private sellers only break the law if they knowingly sell to a prohibited person.
For example, Nelson is not supposed to sell a gun to convicted felons, or to people who live outside of Oklahoma. He doesn’t, however, legally have to ask about those things.
In the absence of required formal background checks, Nelson, a retired police officer and Air Force veteran, said he developed his own system to judge who to sell his guns to. If they look younger than 21, for instance, or if they look “thuggish,” he says he won’t sell.
Please educate yourself:
https://gunsandamerica.org/story/19/01/29/what-the-so-called-gun-show-loophole-really-looks-like/