It’s a pretty minor inconvenience for the tremendous number of lives it would save.
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So it is nothing like the current gun laws, that despite carrying serious punishment are not a deterrent to those breaking the law. You call that a loophole.
When there is an easy way to avoid a background check with no penalty to the seller (“private sale”), yes, I call that a loophole. Were there a punishment for a “private sale” without a background check, fewer people would be able to avoid getting checked and lives would be saved
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