Just to clarify, when I was having the debate we were speaking of out of state laws. For example these were some of the questions that was asked to me:
-do all states require background checks?
-can't you get a gun from a gun show without a background check legally?
and something about "straw purchases". I'm not well versed in out of state laws and regs, and didn't know the answers, so the guy kinda walked away like he showed me up... bothered me a bit.
Ok, so here's the deal with federal laws. Private sales are not subject to a federal background check. That's not a loophole, that's a deliberate function of the law; it's what allowed my Dad to give me a rifle for an early Christmas present before my first hunting season. It's how I can buy a rifle from my cousin, or from a guy I know at work without having to be hassled by the ATF. That private sale, which is
deliberately not subject to a background check, could happen at a gun show, but that's irrelevant. There's nothing special about gun shows that allows anyone to do anything they couldn't otherwise legally do.
There is NO gun show loophole. If you're a private seller at a gun show, you can conduct a private sale without a background check, just like you could in your living room. If you're in the business of selling guns, you have to have an FFL (Federal Firearms License) and have to conduct a background check, whether you're in your shop, at your house, or at a gun show. Gun shows change nothing.
No, not all states require background checks. I don't know the numbers, but I'd wager that most of them don't. Hawaii is one of only a handful of states that require registration of firearms--the rest understand that the type/number of guns a private citizen owns is none of the government's business.
To the above comment about travelling to the mainland and buying a gun: You cannot conduct a private transfer across state lines, under any circumstances. Doing so is a federal felony. In fact, you can't even buy a handgun out of state from an FFL; you can only buy a rifle or shotgun outside your state of residence. That's not a straw purchase, necessarily, unless your brother deliberately bought the gun for you. In that case, he'd be guilty of two offenses, one for the straw purchase, and another for the illegal transfer.
Straw purchases: Lying on the ATF background check is a straw purchase, and subject to lengthy prison terms. I don't know why gun grabbers think the existence of straw purchases is a reason for expanded background checks--a straw purchase is a means of defeating a background check. Straw purchases are impossible to stop unless you plan to ban guns entirely. As long as some number of people can legally buy guns, some of them will buy them and sell them to the ones who can't.