This diary is inspired by a coup-le of comments I made in diary today by Mikeb30200 about gunshows.
Despite the fact that pro gun folks claim that there is no "Gunshow Loophole", over 500 mayors across the US have banded together in order to reduce the number of weapons in the wrong hands, and to crack down on unscrupulous dealers.
The RKBA supporters claim that there is no gunshow loophole, because the people concerned are private sellers, and the Government doesn't have the right to interfere in how you dispose of your personal property. However, in the video below you will see so called private sellers with hundreds of guns for sale. To quote from one of these private sellers
So in a little bit less than a year, we sold 348 of them
Now my point is that, as a "private" seller, no NICS checks were needed, and I would bet that a fair few of those guns went to people who would not have been allowed to purchase from a licensed firearms dealer.
So how can we effectively throttle this loophole with our current laws. Over the squiggle.
So here we have people selling hundreds, maybe thousands of weapons each year, and completely bypassing the system for controlling in whose hands they end up.
In theory, the ATF can follow up these people as the law states:
It is a felony to engage in the business of dealing guns without a license, and without running background checks on buyers..
Private sellers do not need a license if they only make occasional sales to enhance their personal collection or as a hobby.
But the ATF is toothless, and without a head for the last couple of years. In addition, a heavy action by the ATF would result in the NRA, DK RKBA group, and associated gun aficionados screaming Obama is after your guns.
So here is a proposal that would require no new laws, would not initially involve the ATF, imposes no hardship on real private sellers, and would effectively strangle the gun show loophole in months.
I call it the Al Capone strategy.
Simply put, we send in the IRS to audit all these fake "private sellers". A bunch of IRS agents turn up at every gun show, posingt as buyers, identify the licensed dealers, and observe the unlicensed dealers. At the end of the day, they move in on the unlicensed people, obtain their identity, and then subject them to a tax audit to see if they have been declaring their profits from their activity.
Now in the case of the guy who sold 348 guns of a specific model in 12 months, and assuming he makes $100 a pop, that would be $35k of income. Would he have declared it? Almost certainly not, because he would then be admitting he was a dealer.
The IRS don't need warrants to go through your financial affairs, ( I guess if they want they can just assume any amount and then have you disprove it). So if after an audit, the IRS conclude that they have been engaged in a business, and have not declared their earnings, they can take the guys to the cleaners.
Next up. The IRS has officially determined that these "private sellers" are in effect a business. Based on this the ATF can then arrest them for a felony gun offense, as they are unlicensed and have not been performing the required background checks.
First they lose their money and stock, second they get a felony conviction ( jail time) and now the irony, they lose the right to own a firearm.
As can be seen from the video, some of the salesmen are in fact employed. Do you think they declare their income - do pigs fly. So they will roll over and spill the beans on their employer in a New York second.
And the reaction from the pro gun crowd - crickets. They can't defend tax evasion, they claim they want the rules enforced, and no-one has touched their rights.