IACP Supports Gun Show Background Check Act of 2008

IACP Capital Report

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IACP Supports Gun Show Background

Check Act of 2008

The IACP recently announced support for S. 2577, the Gun Show Background Check Act of 2008, introduced by Sen. Frank Lautenberg (D-NJ) and Jack Reed (D-RI).

Current federal law requires prospective purchasers of firearms sold by federal firearms licensees-like gun and pawn shops-to undergo a background check. However, a loophole in current law allows people to purchase guns from unlicensed dealers at gun shows without going through a background check. The Bureau of Alcohol, Tobacco, and Firearms (ATF) estimates that between 25 to 50 percent of firearm vendors at gun shows are unlicensed.

As a result of this loophole, many who are prohibited by federal law from owning guns are able to purchase firearms at gun shows.

Specifically, S. 2577 would:

• Define gun shows as any event at which 50 or more firearms are offered or exhibited for sale. This definition includes not only those events where firearms are the main commodity sold, but also other events where a significant number of guns are sold, such as flea markets or swap meets;
• Require gun show promoters to register with the ATF, maintain a list of vendors at all gun shows, and ensure that all vendors acknowledge receipt of information about their legal obligations;
• Require that all firearms sales at gun shows go through a Federal Firearms Licensee (FFL). If a nonlicensed person is selling a weapon, they would use an FFL at the gun show to complete the transaction. The FFL would be responsible for conducting a Brady check on the purchaser and maintaining records of the transaction.
• Require FFLs to submit information including the manufacturer/importer, model, and serial number of firearms transferred at gun shows to the ATF's National Tracing Center (NTC).

S. 2577 was introduced on January 30 and referred to the Senate Committee on the Judiciary.