It also does not mean that they
are a "loophole." When I think of the term, two things come to mind:
- "Loophole" = Legal; and
- "Loophole" implies that there is some thing or some behavior which is exempted from the operation of a law by an unintended or inadvertent error. Like a drafting error, or maybe an unintended consequence. But the key is that it be the result of something unintended, or in error.
I'll have to do some digging, but my recollection is that private firearms transfers were originally, and intentionally, exempted from background checks, which came with the Brady bill in ~1993. That means that this "gun show / private sale loophole" isn't a loophole at all, but is part of the law
exactly as had been agreed upon and drafted. It was only (very shortly) afterwards that the antigunners started screaming about the "loophole." The fact that they didn't get everything they wanted doesn't mean that they didn't get what they bargained for.
Again, it's not a loophole. I'm not "getting around" anything. There's simply no requirement that private party, intrastate sales go through an FFL.