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Bill in Congress to ban private sales at gun shows

T Dubya

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http://lautenberg.senate.gov/newsroom/record.cfm?id=311723&





WASHINGTON, D.C. – Sens. Frank R. Lautenberg (D-NJ), Jack Reed (D-RI) and Dianne Feinstein (D-CA) today joined Paul Helmke, President of the Brady Campaign to Prevent Gun Violence and victims and family members of the Virginia Tech tragedy, to introduce legislation to close the nation’s “gun show loophole.” The bill introduction follows the tenth anniversary of the Columbine tragedy and the second anniversary of the tragedy at Virginia Tech this week. The legislation is cosponsored by Sens. Dick Durbin (D-IL), Sheldon Whitehouse (D-RI), Charles Schumer (D-NY), John Kerry (D-MA), Ted Kennedy (D-MA), Carl Levin (D-MI), Ben Cardin (D-MD) and Kirsten Gillibrand (D-NY) and Robert Menendez (D-NJ).

“There is no rational reason to oppose closing the loophole. The reason it’s still not closed is simple: the continuing power of the special interest gun lobby in Washington,” Sen. Lautenberg said. “My legislation would require background checks for every gun purchased at every gun show across America and would help keep guns out of the hands of criminals. Without this change in the law, anyone – from felons to terrorists to fugitives – can buy a gun at a gun show, no questions asked. That needs to change.”

The Senators’ bill would close the loophole by requiring background checks on all sales at gun shows. The bill defines a gun show as any event where 50 or more guns are offered or exhibited for sale. In addition, the bill would require:


  • gun show promoters to register with the Bureau of Alcohol, Tobacco and Firearms (ATF), maintain a list of vendors at all gun shows and ensure that all vendors acknowledge receipt of information about their legal obligations; and
  • federal Firearms Licensees (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). No personal information about either the seller or the purchaser would be given to the ATF. Instead, as under current law, FFLs would maintain personal information in their files. The National Tracing Center would request personal information from an FFL only if a firearm becomes the subject of a law enforcement trace request.
“As someone who served in the Army, I have great respect for firearms and responsible gun ownership. The Gun Show Background Check Act is a responsible and common sense approach to preventing firearms from winding up in the hands of criminals and straw purchasers,” said Senator Jack Reed. “This legislation is critical to making our communities safer, which is why it is strongly supported by law enforcement officers nationwide. Passing this bill would help prevent the killing of innocent people, and it would do so without infringing on anyone’s right to own a gun.”

“We don’t need any more evidence that a gun in the hands of the wrong person is a real threat to our schools, our families, and our communities. Allowing sales at gun shows without identification, without accountability and without knowing whether the buyer is a felon or mentally ill, is unacceptable,” Senator Feinstein said. “This legislation proposes common sense protections that do not limit the rights of law abiding citizens to own and purchase guns.”

“Closing this long-standing, flagrant, irresponsible and increasingly dangerous loophole in federal gun laws will make gun show transactions safer for all our people, and it’s urgently needed. It makes absolutely no sense to tolerate this loophole that allows criminals and terrorists to buy guns at gun shows and avoid the minimal federal regulations that now exist. I commend Senator Lautenberg for introducing this bill, and I look forward to its enactment into law as soon as possible. Too many lives are in danger for Congress to delay any longer,” said Sen. Edward M. Kennedy.

“Ten years after two dangerous young men used gun show guns to kill and maim, it is way past time to extend the successful Brady background check system in America to gun sales at gun shows,” said Paul Helmke, President of the Brady Campaign to Prevent Gun Violence. “There is no rational reason why as a nation we should not do this. I want to applaud Senator Frank Lautenberg for championing this bill to close the gun show loophole."

The victims and families of the Virginia Tech tragedy joining the members for the announcement included Omar Samaha, the brother of Reema Samaha, and his father Joe. Omar’s sister Reema was one of 32 victims who were shot and killed at Virginia Tech. Omar was recently followed by ABC News into a gun show where he was able to purchase ten guns, in under an hour, with no questions asked.

“My sister Reema was shot and killed at Virginia Tech because of a loophole with the background check system for gun purchases. Ever since April 16th I have been working to fix problems with America’s gun background check system – and the gun show loophole is the most outrageous gap. It’s time for Congress to step up and require background checks for all sales at guns shows,” Omar Samaha, the brother of Reema Samaha, said.

“A national law to close the gun show loop hole will prevent guns from falling into the hands of felons, domestic abusers and the mentally adjudicated. This piece of valuable legislation must be enacted to protect the citizens of this country,” Suzanne Grimes said. Suzanne is the mother of Virginia Tech survivor Kevin Sterne. An Eagle Scout, Kevin saved his own life by putting a tourniquet on himself to stop the bleeding after being shot in his femoral artery.

In 1993, the Brady Law was passed requiring prospective purchasers of guns sold by federal firearms licensees, like gun shops and pawn shops, to go through 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 ATF reports that between 25 to 50 percent of firearm vendors at gun shows are unlicensed.

As a result of this loophole, convicted felons, fugitives, domestic abusers, the mentally ill and other people who are prohibited by federal law from owning guns are able to purchase firearms at gun shows. For example, the two teenagers who shot and killed 12 students and one teacher at Columbine High School in 1999 used guns obtained from gun shows.

In 1999, Sen. Lautenberg introduced the first bill in Congress to close the gun show loophole. Later that year, in the wake of the Columbine tragedy, the Senate passed Sen. Lautenberg’s legislation to close the gun show loophole as an amendment to a juvenile justice bill. The legislation passed by one vote, with Vice President Gore casting the tiebreaking vote. However, the gun lobby killed the legislation in House-Senate conference.

# # #




GUN SHOW BACKGROUND CHECK ACT OF 2009 FACT SHEET

At thousands of gun shows every year, people are able to purchase firearms without going through a background check. Under the federal Brady Act, Federal Firearms Licensees (FFLs) are required to check the purchaser’s background with the FBI’s National Instant Criminal Background Check System (NICS) before transferring any firearm. However, a person does not need a federal firearms license—and the Brady Act does not apply—if the person is not “engaged in the business” of selling firearms pursuant to federal law. These non-licensees make up one quarter or more of the sellers of firearms at gun shows. Consequently, felons, the severely mentally ill, and other prohibited persons who want to avoid Brady Act checks and records of their purchases are able to buy firearms at gun shows. The Gun Show Background Check Act of 2009 will close this loophole in our federal gun laws.

The bill is virtually identical to the Lautenberg amendment passed by the Senate in the 106th Congress as part of the Juvenile Justice bill. The legislation would take several steps to make gun show transactions safer for all Americans:


  • DEFINITION OF GUN SHOWS: Gun shows are defined to include 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.
  • GUN SHOW PROMOTERS: Gun show promoters would be required to register with the Bureau of Alcohol, Tobacco, and Firearms (ATF), maintain a list of vendors at all gun shows, and ensure that all vendors acknowledge receipt of information about their legal obligations.
  • BACKGROUND CHECKS FOR ALL TRANSACTIONS: The bill requires that all firearms sales at gun shows go through a Federal Firearms Licensee (FFL). If a non-licensed 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.
  • IMPROVED FIREARM TRACING: FFLs would be required 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). However, no personal information about either the seller or the purchaser would be given to the ATF. Instead, as under current law, FFLs would maintain this information in their files. The NTC would request this personal information from an FFL only in the event that a firearm subsequently becomes the subject of a law enforcement trace request
 

DHCruiser

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I sent a pre-emptive email to my Congressional Rep to oppose this.

The calls for these bills have never made sense to me. Why focus on gun shows? No one seems to be able to tell me.

If private person A can sell to another private person without a background check anywhere in the state, why focus on gun shows? Why forbid private sales at place A (gun shows) if the same transaction is fine at places B-Z (anywhere else)?

Is the sole purpose to drive business away from gun shows? After all, anyone with any common sense would simply advertise their firearm for sale on the internet, then meet up anywhere except a gun show to make the transaction (if this bills goes through). All it accomplishes is losing all the incidental sales (t-shirts, ammo, etc) from those people attending the gun show.
 

DHCruiser

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I finally got an answer to my question:

Me: I don't understand the "gun show loophole." Private sellers are selling their private firearms to another private person. So, changing this would mean they'd have to drive down the street from the gun show and then do the same thing?

I don't see how that's changing anything really.

To clarify a little, the reason I ask is I don't understand the focusing on gun shows. Won't that just drive people away from gun shows for the private sales and they do them elsewhere? As in, what's so important about place A (gun shows) if people can just do the same thing at places B-Z (any other place)?

Brady: (They deleted their first reply and rewrote it. I didn't think to save it at first, but it was more basic. Along the lines of "We support universal backgrounds checks")

Me again: I see, so this would be a stepping stone.

Brady (new reply): Currently at a gun show FFL dealers are at competitive disadvantage because of the need to maintain paperwork and check backgrounds. This law will make it more fair for the small, law abiding FFL gun dealers that perform background checks and will allow them to better compete against the unlicensed sellers.

The Brady Campaign would like to see comprehensive, universal background checks on all gun sales so that felons and the dangerously mentally ill will not be able to legally buy them.
 

TFred

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How sad to see Senator Gillibrand of NY co-sponsoring this ridiculous bill. I hope I never know what it is like to have so totally sold out my core values for the benefit of politics. She must be real proud of herself about now.

Also very disturbing to see that the Brady Bunch has turned Omar Samaha (VT victim relative) into a total liar. "
My sister Reema was shot and killed at Virginia Tech because of a loophole with the background check system for gun purchases." The loophole that allowed that murderer to purchase firearms was the overzealous protection of medical records, nothing to do with gun shows. As always, they are barking up the wrong tree in the wrong forrest.

TFred

 

T Dubya

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hlh wrote:
I wonder how states rights fit into this?

Don't you know that talking about states rights, the 10th amendment, or the constitution in general will get you put on a terror watch list?

Here is the Senator's contact info:

Hart Senate Office Building
Suite 324
Washington, DC 20510

  • Phone: (202) 224-3224
  • TTY: (202) 224-2087
  • Fax: (202) 228-4054
 

2a4all

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TFred wrote:
How sad to see Senator Gillibrand of NY co-sponsoring this ridiculous bill. I hope I never know what it is like to have so totally sold out my core values for the benefit of politics. She must be real proud of herself about now.

Also very disturbing to see that the Brady Bunch has turned Omar Samaha (VT victim relative) into a total liar. "
My sister Reema was shot and killed at Virginia Tech because of a loophole with the background check system for gun purchases." The loophole that allowed that murderer to purchase firearms was the overzealous protection of medical records, nothing to do with gun shows. As always, they are barking up the wrong tree in the wrong forrest.

TFred

True, but there is no such thing as overzealous protection of medical records.

That is some of the most sensitive information about an individual that exists. The quandry is whether it should be used to determine an individual's fitness to conduct their own affairs. (Yes, I'm aware of the host of issues that fall under this umbrella, but they're not for this thread.)
 

planedr

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I've really got no problem with no private sales at gun shows, it's been that way in Colorado for years. Sure it's a PIA to drive down the street and do the deal. But when they use blatant lies (Cho bought all his guns legally at a store) to get it passed is unacceptable. I'm getting sick of lableing it a "loophole", no such thing, it's just a private sale.
 

flintlock tom

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DHCruiser wrote:
I finally got an answer to my question:

Me: I don't understand the "gun show loophole." Private sellers are selling their private firearms to another private person. So, changing this would mean they'd have to drive down the street from the gun show and then do the same thing?

I don't see how that's changing anything really.

To clarify a little, the reason I ask is I don't understand the focusing on gun shows. Won't that just drive people away from gun shows for the private sales and they do them elsewhere? As in, what's so important about place A (gun shows) if people can just do the same thing at places B-Z (any other place)?

Brady: (They deleted their first reply and rewrote it. I didn't think to save it at first, but it was more basic. Along the lines of "We support universal backgrounds checks")

Me again: I see, so this would be a stepping stone.

Brady (new reply): Currently at a gun show FFL dealers are at competitive disadvantage because of the need to maintain paperwork and check backgrounds. This law will make it more fair for the small, law abiding FFL gun dealers that perform background checks and will allow them to better compete against the unlicensed sellers.

The Brady Campaign would like to see comprehensive, universal background checks on all gun sales so that felons and the dangerously mentally ill will not be able to legally buy them.
Will somebody please tell these morons that felons and the dangerously mentally ill cannot, now, legally buy guns.
 

TexasShooter

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All those "Dems" up there are just mad because "their" mental status prevents them from legally buying firearms. :lol:
 

The Donkey

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TexasShooter wrote:
All those "Dems" up there are just mad because "their" mental status prevents them from legally buying firearms. :lol:
And seeing how all Republicans "up there" are criminals:arrow:problem solved:D
 

KS_to_CA

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DHCruiser wrote:
I sent a pre-emptive email to my Congressional Rep to oppose this.

The calls for these bills have never made sense to me. Why focus on gun shows? No one seems to be able to tell me.

If private person A can sell to another private person without a background check anywhere in the state, why focus on gun shows? Why forbid private sales at place A (gun shows) if the same transaction is fine at places B-Z (anywhere else)?

Is the sole purpose to drive business away from gun shows? After all, anyone with any common sense would simply advertise their firearm for sale on the internet, then meet up anywhere except a gun show to make the transaction (if this bills goes through). All it accomplishes is losing all the incidental sales (t-shirts, ammo, etc) from those people attending the gun show.

Answer: POLITICAL. Media coverage. Headline: "Heroes who closed the gun show loophole that kills people because that is whatthe public hears about the most". They need people's votes next election.
 

PT111

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Last weekend I was at a gunshow in SC and one of the booths had a sign saying that you must have a SC drivers license to purchase a gun. I asked the fellow about it and he said that his were a private sale and he decided to put the sign up after one fellow from Wisconsin got terribly upset because he refused to sell him a gun and let him walk out the door with it.

They can call it a gunshow loophole but it really has nothing to do with gunshows and is already covered by law. It is the people like the one from WI and the ones willing to break existing laws that cause the problems. If someone is willing to bteak the laws and sell a gun at a show illegally then they would have no problem doing it on the street. I could stomach their BS rehtoric a little better if they would leave the gunshow out of it as it has nothing to do with gunshows.
 

GWbiker

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Last summer I made two private purchases from two fellows near my area, but not at a gun show. In each deal we both traded Arizona drivers license info and AZ CCW permit info. We had agreed up front if one of failed to produce an AZCCW permit - there was to be no sale.

Paperwork was typed up in duplicate which contained all gathered information to include weapon serial ##. Both of signed off and kept copies for our records.

I have attended more than gun shows and I personaly witnessed paperwork transactions between gun sellers and buyers.

Of course anyone with a criminal mind can just forget any legal gun transactions. Hell, a permit is unnecessary.
 

HankT

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PT111 wrote:
Last weekend I was at a gunshow in SC and one of the booths had a sign saying that you must have a SC drivers license to purchase a gun. I asked the fellow about it and he said that his were a private sale and he decided to put the sign up after one fellow from Wisconsin got terribly upset because he refused to sell him a gun and let him walk out the door with it.



Well, that illustrates the problem with some private sales. Unless the seller does some checking about the buyer, he might illegally sell to a non-resident. A lot of private sales at gun shows don't include any kind of checking whatsoever. That is a problem waiting to happen.

As far as "Why focus on gun shows?," it's obvious. That's were LOTS of private sales get done in a specific period of time. It's pretty logical to want to regulate that rather large bundle of transactions. And feasible, too, in many respects.

When I go to a gun show, I often go prepared to trade, buy, or sell a firearm. That's a big part of what gun shows are for me and many others: An opportunity to find some gem of a gun and/or get out of something I'm not shooting anymore or which doesn't work in my collection.

And I almost always prefer to deal with (legally eligible) private parties. I've only bought one gun from an FFL at a gun show, because I, well, I had to have it. Had to do the NICS/4473 process, and it wasn't too onerous. But it was a small vendor not a big one that has so many sales that you have to wait an hour to get the paperwork done.

When dealing with private parties, I always ask for ID and keep a record of who I dealt with. But it's a little awkward sometimes. And, frankly, although I would neverdo business with a shadyguy or an obviouslyineligible (e.g., out-of-stater), Istill am concerned about the informality of the transactions sometimes.

On the whole, I'd rather just agree to a deal with a private party and then let the predominantly used process take care of the transfer. That process (NICS, etc.) is the best process out there (it is flawed, of course) to screen out ineligible buyers and, to some extent, sellers. I figure the screening, which is areally good idea, is the primary responsbility of the government and its designees.

So, I'm not opposed to a requirement of a NICS/4473 process at gun shows for private party sales. The HUGE problem I see is one of adminstration of the transfer process. But I doubt that the government could set it up so that it would be easy and quick.The gubmint screws everything up.

But if it could set up a fast, efficient and effectiveway to handle a privateparty transfers at gun shows....it would be appealing to me. I would establish fiveperformance parameters for such a system.

1. Fast. Very fast.

2. Free (zero cost).

3. Fair, sure, and fastway to unpack a failed transfer.

4. Automaticcheck of transferred gun for stolen/crime involvement status.

5. Fast. Very fast.


I could live with that. Such a system would be beneficial to me and others, so I'm pretty sure I'd be in favor of it.
 

Swampbeast

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HankT wrote:
But if it could set up a fast, efficient and effectiveway to handle a privateparty transfers at gun shows....it would be appealing to me. I would establish fiveperformance parameters for such a system.

1. Fast. Very fast.

2. Free (zero cost).

3. Fair, sure, and fastway to unpack a failed transfer.

4. Automaticcheck of transferred gun for stolen/crime involvement status.

5. Fast. Very fast.


I could live with that. Such a system would be beneficial to me and others, so I'm pretty sure I'd be in favor of it.


I disagree. Why should we be okay with such infringements on our rights? Thats the only way the antis will ever get their way if they baby step us and chip at our rights slowly saying this or that restriction really isn't that bad and we can live with it, but before we know it there are so many little restrions that add up to an enourmous infringement.

Therefore, I willstrongly oppose any and all infringements on my rights including this one!
 
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