Gun Background Check Law explained

In the United States, federal law requires licensed gun sellers to run background checks on all purchasers of guns, but that doesn’t mean that every gun sale in America requires a background check.  To shed light on the topic, Professor Jake Charles of Pepperdine Law School gives a state of the union in terms of background check law and explains the "gun show loophole."

The Brady Law (passed in 1993) establishes the framework for federal background checks. The background check system, NICS (managed by the FBI), checks prospective buyers for disqualifying factors, such as felony convictions, past involuntary mental health commitments, and dishonorable discharge from the military. If the check comes back clear, the buyer can proceed with the purchase. The Brady Law, however, doesn’t apply to all transactions. 

A notable exception to the background check requirement in the U.S. involves the so-called "gun show loophole." The Brady Law's requirements only apply to licensed firearms importers, manufacturers, or dealers. These rules, however, don't extend to private individuals not engaged in the business of selling guns, hence they are not required to conduct any checks when selling firearms. These sales can take place at gun shows, privately, or through online platforms.