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Questions rise about 'gun show loophole' after attempted firearm theft leaves two dead

Double homicide investigation
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LAS VEGAS (KTNV) — Las Vegas Metro police are investigating a firearm sale that ended in a shooting that left two dead on Friday morning.

Lt. Robert Price told local media that the investigation is still in the early stages and it's unclear if the gun sale that took place was legal or not. During a press conference, Lt. Price said, "It was an AR-15 and whether it was legal or not as far as the people owning it, we haven't dug that far into the investigation."

A resident who lives in the apartment complex where the gun sale took place told KTNV that he doesn't understand how his apartment complex became a crime scene.

"I was very shocked and very scared," Matthew Cepeda said.

Cepeda says when he walked outside his apartment on Friday morning, he found yellow police tape, a crime scene investigation vehicle and detectives surrounding his complex. He says he wasn't surprised that crime happens in this part of town, but the news of two men dying near his home was startling.

According to LVMPD, Friday morning's homicide started as a private party gun sale, which gun experts say is legal, thanks to the "gun show loophole."

Tom Whitfield, a local gun expert, says at shops like Gun Shop Las Vegas, most firearms sales require a Federal Firearms License.

"That [seller] needs to come in, surrender the gun, and meet with the person that is there to buy the gun," Whitfield says. "They also discuss [the sale], the gun comes out from under that person's name, a background check is done, and then the [buyer] can pick up the gun."

Prior to 2020, Whitfield says many sellers used the "gun show loophole," which allows anyone to sell a gun anywhere without a background check, as long as there is documentation of the sale. However, in January 2020, that loophole was closed.

Whitfield added, "Every single background check, private, personal, anything, has to go through a federal firearms license."

To get an FFL, Whitfield says the government needs to inspect your home or business to make sure all the gun safety requirements — including owning a gun safe — are met.

Whitfield says to make sure to check with a local gun store before attempting to sell a gun since improperly-conducted independent sales can be illegal.

The property manager of the apartment complex where the failed sale was conducted says, at this time, they are not providing comment.