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| {{About|a U.S. political concept|information about U.S. gun shows themselves|Gun shows in the United States}} | {{About|a U.S. political concept|information about U.S. gun shows themselves|Gun shows in the United States}} | ||
| '''Gun show loophole''' is a term referring to |
'''Gun show loophole''' is a term-of-art, referring to, by those opposing, private sellers at gun shows not being required to perform a ] on private buyers, consistent with a longstanding practice of private commerce in the United States.<ref name=DOJ1999January>{{cite web |url=https://www.atf.gov/files/publications/download/treas/treas-gun-shows-brady-checks-and-crime-gun-traces.pdf |title=Gun Shows: Brady Checks and Crime Gun Traces |authors=], ] |date=January 1999 |website=atf.gov |publisher=Bureau of Alcohol, Tobacco and Firearms (ATF) |accessdate=June 27, 2014}}</ref><ref>{{cite web | url=http://www.nyc.gov/html/om/pdf/2009/pr442-09_report.pdf|title=Gun Show undercover|date=October 2009|page=11|accessdate=June 26, 2014}}</ref><ref name=GAO09709>{{cite web |url=http://www.gao.gov/assets/300/291223.pdf |title=Firearms Trafficking: U.S. Efforts to Combat Arms Trafficking to Mexico Face Planning and Coordination Challenges |author=<!--Staff writer(s); no by-line.--> |date=June 2009 |page= 27|website=gao.gov |publisher=United States Government Accountability Office (GAO) |id=GAO-09-709 |accessdate=June 24, 2014}}</ref> Such commerce is legal by Federal law in all states, but some states have passed laws requiring all gun sales to go through a Federal Firearms License (FFL) holder before being transferred. Private sellers are however forbidden under federal law from selling firearms or ammunition to persons they know or have reason to believe are felons or are otherwise prohibited from purchasing firearms.<ref name=LII-922d-2013>{{cite web |url=http://www.law.cornell.edu/uscode/text/18/922#d |title=U.S. Code, Title 18, Part I, Chapter 44, § 922 - Unlawful acts (d) |author=<!--Staff writer(s); no by-line.--> |date=August 13, 2013 |website=law.cornell.edu |publisher=Legal Information Institute |accessdate=June 24, 2014}}</ref> The term is considered ].<ref>{{cite web | url=http://www.dailykos.com/story/2013/01/09/1177489/-Gun-Control-The-Quest-for-Common-Ground| title= Gun Control, The Quest for Common Ground |accessdate=January 8, 2015}}</ref>{{Rs|date=January 2015}} | ||
| ==Legislation== | ==Legislation== | ||
| During the April 9th, 1986, ] debate over the ] it was noted<ref>{{cite web|last1=99th Congress|first1=2d Session. April 9, 1986.|title=House floor debates|url=http://armsandthelaw.com/gunlaw/FOPA/house_floor_debates.html|website=armsandthelaw.com|accessdate=1 July 2014|ref=FOPA}}</ref> that private-party sales at gun shows have never been required to perform background checks, while ] dealers must comply with the background check requirement for all sales, including at gun shows.<ref>{{cite book|last1=99th Congress|first1=2nd Session|title=United States Code Congressional and Administrative News Vol. 4 - Legislative History FOPA- Public Laws 99-272 Cont'd 99-499|date=1986|publisher=West Pub. Co.|pages=1–48|edition=Volume 4|url=http://harrislawoffice.com/content/areas_of_practice/federal_firearms/legislative_history/FOPA%20House%20Report%2099-495.pdf|accessdate=1 July 2014|ref=FOPA}}</ref><ref>{{cite web|title=America’s Gun Industry|url=http://www.consumerfed.org/pdfs/industry.pdf|website=consumerfed.org|publisher=Consumer Federation of America|accessdate=1 July 2014|ref=ConsumerFed}}</ref> | |||
| ⚫ | On November 6, 1998, ] issued a memorandum for the |
||
| ⚫ | On November 6, 1998, ] issued a memorandum for the Secretary of the Treasury and the Attorney General expressing concern about the practice, stating that he felt it made gun shows prime targets for criminals and gun traffickers. In the memo, he requested recommendations on what actions the administration should take, including legislation.<ref name="DOJ1999January"/><ref name="Clinton GSL Memorandum">http://www.gpo.gov/fdsys/pkg/PPP-1998-book2/pdf/PPP-1998-book2-doc-pg2002-2.pdf</ref> These Departments reported gaps in current law and recommended extending the Brady Law to "close the gun show loophole"<ref>{{cite web|title=HISTORY OF FEDERAL FIREARMS LAWS IN THE UNITED STATES APPENDIX C|url=http://www.justice.gov/archive/opd/AppendixC.htm|website=http://www.justice.gov|accessdate=4 July 2014}}</ref> | ||
| In July 2009, Representatives ] and ] introduced the ] ({{USBill|111|H.R.|2324}})<ref name=UPI090719>{{cite news |author=<!--Staff writer(s); no by-line.--> |date=July 19, 2009 |title=Gun show loophole bill is back in Congress |url=http://www.upi.com/Top_News/2009/07/19/Gun-show-loophole-bill-is-back-in-Congress/UPI-68491248055482/ |agency=United Press International (UPI) |location= |publisher= |accessdate= }}</ref> in the U.S. House of Representatives. Sen. ] introduced similar legislation, the "Gun Show Background Check Act of 2009"({{USBill|111|S.|843}}), in the U.S. Senate. As of October 2009, the House version of the bill had 35 co-sponsors (mostly Democrats) and the Senate version had 15 co-sponsors, all Democrats. | |||
| As of August 2013, 17 U.S. states require background checks at gun shows.<ref>{{cite news |last=Rucker |first=Philip |date= |
In July 2009, Representatives ] and ] introduced the ] ({{USBill|111|H.R.|2324}})<ref name=UPI090719>{{cite news |author=<!--Staff writer(s); no by-line.--> |date=2009-07-19 |title=Gun show loophole bill is back in Congress |url=http://www.upi.com/Top_News/2009/07/19/Gun-show-loophole-bill-is-back-in-Congress/UPI-68491248055482/ |agency=United Press International (UPI) |location= |publisher= |accessdate= }}</ref> in the U.S. House of Representatives. Sen. ] introduced similar legislation, the "Gun Show Background Check Act of 2009"({{USBill|111|S.|843}}), in the U.S. Senate. As of October 2009, the House version of the bill had 35 co-sponsors (mostly Democrats) and the Senate version had 15 co-sponsors, all Democrats. | ||
| As of August 2013, 17 U.S. states require background checks at gun shows.<ref>{{cite news |last=Rucker |first=Philip |date=2013-08-05 |title=Study finds vast online marketplace for guns without background checks |url=http://www.washingtonpost.com/politics/new-study-finds-vast-online-marketplace-for-guns-without-background-checks/2013/08/05/19809198-fd73-11e2-9711-3708310f6f4d_story.html |newspaper=Washington Post |location= |publisher= |accessdate=2014-06-24 }}</ref> Seven states require background checks on all gun sales at gun shows: California, Colorado, Connecticut, Illinois, New York, Oregon, and Rhode Island. Four require background checks on all handgun purchases at gun shows: Hawaii, Maryland, New Jersey, and Pennsylvania. Six require individuals to obtain a permit that involves a background check to purchase handguns: Iowa, Massachusetts, Michigan, Minnesota, Nebraska, and North Carolina. The remaining 33 states do not restrict private, intrastate sales of firearms at gun shows in any manner.<ref name=WVPB-Brady2008>{{cite news |author=<!--Staff writer(s); no by-line.--> |date= |title=2008 Brady Campaign State Scorecard |url=http://www.wvpbmedia.com/news/2009/2008_state_scorecard.pdf |newspaper= |location= |publisher=West Virginia Public Broadcasting |accessdate= }}</ref><ref name=BradyGSL2009>{{cite web |author=<!--Staff writer(s); no by-line.--> |date=2009-09-27 |title=Brady Background Checks: Gun Show Loophole: Frequently Asked questions |url=http://www.bradycampaign.org/legislation/backgroundchecks/gunshowloophole |archiveurl=http://web.archive.org/web/20090927165502/http://www.bradycampaign.org/legislation/backgroundchecks/gunshowloophole |archivedate=2009-09-27 }}</ref><ref>{{cite news|last1=DeLuca|first1=Matthew|title=Background checks for guns: What you need to know|url=http://usnews.nbcnews.com/_news/2013/04/10/17689167-background-checks-for-guns-what-you-need-to-know?lite|accessdate=1 July 2014|work=NBC News|agency=u.s. news|date=April 10, 2013}}</ref> | |||
| ==Current controversy== | ==Current controversy== | ||
| Opponents of gun control say there is no gun show loophole, only a long-standing tradition of free commerce between private parties that heretofore has not been restricted in the context of secondary, intrastate firearm sales.<ref name=Johnson2009>{{cite journal |last=Johnson |first=Nicholas J. |date= |
Opponents of gun control say there is no gun show loophole, only a long-standing tradition of free commerce between private parties that heretofore has not been restricted in the context of secondary, intrastate firearm sales.<ref name=Johnson2009>{{cite journal |last=Johnson |first=Nicholas J. |date=2009-01-13 |title=Imagining Gun Control in America: Understanding the Remainder Problem |url=http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1438&context=faculty_scholarship|pages=837–891 |accessdate=2014-06-24}}</ref><ref name=Burnett2001>{{cite web |url=http://www.ncpa.org/pub/ba349 |title=The Gun Show 'Loophole:' More Gun Control Disguised as Crime Control |last=Burnett |first=H. Sterling |date=2001-02-23 |website=ncpa.org |publisher=National Center for Policy Analysis |accessdate=}}</ref> The ] (NRA), citing federal government studies that found less than one percent of imprisoned felons said they obtained their guns from shows, says that when gun control supporters refer to the gun show loophole they are not really talking about criminals getting guns, but about the American people owning guns.<ref name=Cox100121>{{cite web |last=Cox |first=Chris W. |date=January 21, 2010 |title=The War on Gun Shows |url=http://www.nraila.org/news-issues/articles/2010/the-war-on-gun-shows.aspx |website=nraila.org |publisher=National Rifle Association of America Institute for Legislative Action |accessdate=July 6, 2014 }}</ref> They challenge federal jurisdiction in intrastate transactions between private parties, which they say exceeds the federal power created by the ].<ref name=McCullagh090616>{{cite news |last=McCullagh |first=Declan |date=June 16, 2009 |title=Gun Rights Groups Plan State-By-State Revolt |url=http://www.cbsnews.com/blogs/2009/06/16/politics/politicalhotsheet/entry5090952.shtml |publisher=CBS Interactive }}</ref> | ||
| ⚫ | According to the Center for Gun Policy and Research, there is no such loophole in federal law, in the sense that the law does not exempt private-party sales at gun shows from regulation that is required elsewhere. They suggest that the fundamental flaw in the gun show loophole is its failure to address the great majority of private-party sales, which occur at other locations and increasingly over the internet at sites where any non-prohibited person can list firearms for sale and buyers can search for private-party sellers.<ref>{{cite book|title=Reducing Gun Violence in America|date=2013|publisher=The Johns Hopkins University Press|isbn=9781421411101|page=104|url=http://jhupress.files.wordpress.com/2013/01/1421411113_updf.pdf|accessdate=1 July 2014}}</ref> According to the ], a ]e may legally sell firearms as a private-party seller at ], provided the firearm was transferred to the licensee's private collection at least one year prior to the sale. Hence, when a personal firearm is sold by an individual who also happens to hold an FFL, no ATF ] is required.<ref>{{cite web|title=Records Required--Licenses|url=https://www.atf.gov/firearms/faq/licensees-records-required.html#ffl-private-sales|website=ATF.GOV|accessdate=1 July 2014}}</ref><ref>{{cite web|last1=bardwell|title=National Rifle Ass'n v. Brady, 914 F.2d 475 (4th Cir. 1990)|url=http://www.constitution.org/2ll/bardwell/nra_v_brady.txt|website=constitution.org|publisher=bardwell|accessdate=1 July 2014|ref=FOPA}}</ref><ref>{{cite web|title=FFL Application Form|url=https://www.atf.gov/sites/default/files/assets/Library/Forms/Firearms/atf-f-5310-12.pdf|website=ATF.GOV|publisher=ATF|accessdate=1 July 2014|ref=FFL}}</ref> | ||
| According to ], professor of emergency medicine at ], "There is no such loophole in federal law, in the limited sense that the law does not exempt private-party sales at gun shows from regulation that is required elsewhere."<ref name=RGVA2013>{{cite book |last=Wintemute |first=Garen J. |date=2013 |chapter=Comprehensive Background Checks for Firearm Sales: Evidence from Gun Shows |chapterurl=https://books.google.com/books?id=sQxNVhV-W7oC&pg=PA95#v=onepage&q&f=false |chapter-format= |editor1-last=Webster |editor1-first=Daniel W. |editor1-link= |editor2-last=Vernick |editor2-first=Jon S. |editor2-link= |title=Reducing Gun Violence in America |publisher=] |isbn=9781421411101 |page= |url=https://books.google.com/books?id=sQxNVhV-W7oC |accessdate=July 1, 2014}}</ref>{{rp|104}} Wintemute said, "The fundamental | |||
| ⚫ | flaw in the gun show loophole |
||
| A ] study released in December 1997 reported that |
A ] study released in December 1997 reported that two percent of criminal guns came from gun shows. Similarly, a report by the ] in 1997 on federal firearms offenders reported 1.7 percent of crime guns are acquired at gun shows.<ref name=Burnett2001 /> | ||
| ==Past controversies== | ==Past controversies== | ||
| On May 27, 1999, Wayne LaPierre |
On May 27, 1999, Wayne LaPierre testified before the House Judiciary Committee Subcommittee on Crime, on behalf of the ], saying that "We think it's reasonable to provide mandatory instant criminal background checks for every sale at every gun show. No loopholes anywhere for anyone," he said. "That means closing the Hinckley loophole so the records of those adjudicated mentally ill are in the system. This isn't new, or a change of position, or a concession. I've been on record on this point consistently, from our national meeting in Denver, to paid national ads and position papers, to news interviews and press appearances."<ref>{{cite web|title=PENDING FIREARMS LEGISLATION AND THE ADMINISTRATION'S ENFORCEMENT OF CURRENT GUN LAWS|url=http://commdocs.house.gov/committees/judiciary/hju63126.000/hju63126_0.htm|website=http://commdocs.house.gov|accessdate=4 July 2014|ref=NRA testimony}}</ref> | ||
| Use of the gun show loophole was advocated in the summer of 2011 by ] operative, ] |
Use of the gun show loophole was advocated in the summer of 2011 by ] operative, ]. He said: "America is absolutely awash with easily obtainable firearms. You can go down to a gun show at the local convention center and come away with a fully automatic assault rifle, without a background check, and most likely without having to show an identification card". The last statement is false. In fact, individuals cannot legally buy a fully automatic firearm at gun shows or anywhere else without extensive background checks and the possession of the appropriate ATF ] registry, permit, etc. signed off by the Federal Government and the local chief law enforcement officer. Said automatic weapon must be manufactured prior to 1986 or they cannot be legally possessed or legally transferred to individuals. The only groups allowed to possess post-1986 fully automatic firearms are law enforcement agencies, the military, and ] of ] firearms. Further all automatic weapon sales must be registered and approved by the ATF along with paying a $200 tax stamp.<ref>https://www.atf.gov/firearms/faq/national-firearms-act-machine-guns.html</ref> Individuals on the U.S. terrorism watch list are prohibited from air travel but may purchase firearms.<ref name=Lind110606>{{cite news| url=http://www.washingtonpost.com/opinions/closing-the-terror-gap-and-the-gun-show-loophole/2011/06/06/AGTKubKH_story.html | work=The Washington Post | first=Michael | last=Lind | date=June 6, 2011 | title=Closing the ‘terror gap’ and the gun show loophole}}</ref><ref name=Madison110628>{{cite news |last=Madison |first=Lucy |date=2011-06-28 |title=Mayors invoke terrorism for gun control argument |url=http://www.cbsnews.com/8301-503544_162-20075133-503544.html |publisher=CBS Interactive |archiveurl=http://web.archive.org/web/20110702110241/http://www.cbsnews.com/8301-503544_162-20075133-503544.html |archivedate=2011-07-02 |accessdate=2014-06-24 }}</ref> | ||
| Individuals on the U.S. terrorism watch list are prohibited from air travel but may purchase firearms.<ref name=Lind110606>{{cite news| url=http://www.washingtonpost.com/opinions/closing-the-terror-gap-and-the-gun-show-loophole/2011/06/06/AGTKubKH_story.html | work=The Washington Post | first=Michael | last=Lind | date=June 6, 2011 | title=Closing the ‘terror gap’ and the gun show loophole}}</ref><ref name=Madison110628>{{cite news |last=Madison |first=Lucy |date=June 28, 2011 |title=Mayors invoke terrorism for gun control argument |url=http://www.cbsnews.com/8301-503544_162-20075133-503544.html |publisher=CBS Interactive |archiveurl=http://web.archive.org/web/20110702110241/http://www.cbsnews.com/8301-503544_162-20075133-503544.html |archivedate=July 2, 2011 |accessdate=June 24, 2014 }}</ref> | |||
| ==Ongoing controversies== | ==Ongoing controversies== | ||
| Some supporters of gun control are pushing for ],<ref>{{cite news|last1=Martinez|first1=Michael|title='Universal background check:' What does it mean?|url=http://www.cnn.com/2013/01/14/us/universal-background-checks/|accessdate=July |
Some supporters of gun control are pushing for ],<ref>{{cite news|last1=Martinez|first1=Michael|title='Universal background check:' What does it mean?|url=http://www.cnn.com/2013/01/14/us/universal-background-checks/|accessdate=7 July 2014|publisher=CNN US|date=2013-01-28|ref=universal background check}}</ref> however, the ] argues that a universal background check system for gun buyers is both impracticable and unnecessary, but an effective instant check system that includes records of the adjudicated mentally ill would prevent potentially dangerous people from getting their hands on firearms.<ref>{{cite news|last1=Sherfinski|first1=David|title=NRA head wary on background checks, wants better instant check system|url=http://www.washingtontimes.com/news/2013/jan/31/nra-head-argument-against-gun-show-loophole-overbl/|accessdate=7 July 2014|publisher=The Washington Times|date=2013-01-31|ref=universal background checks}}</ref> | ||
| United States Attorneys have offered a wide range of proposals to address the gun show loophole. These include the following: | United States Attorneys have offered a wide range of proposals to address the gun show loophole. These include the following: | ||
| Line 41: | Line 40: | ||
| # requiring that one or more ATF agents be present at every gun show; and | # requiring that one or more ATF agents be present at every gun show; and | ||
| # insulating unlicensed vendors from criminal liability if they agree to have purchasers complete a firearms transaction form.<ref name=DOJ1999January /> | # insulating unlicensed vendors from criminal liability if they agree to have purchasers complete a firearms transaction form.<ref name=DOJ1999January /> | ||
| ==See also== | |||
| *] | |||
| *] | |||
| == References == | == References == | ||
| Line 50: | Line 45: | ||
| ==Further reading== | ==Further reading== | ||
| *{{cite news |last1=Cooper |first1=Michael |last2=Schmidt |first2=Michael S. |last3=Luo |first3=Michael |date= |
*{{cite news |last1=Cooper |first1=Michael |last2=Schmidt |first2=Michael S. |last3=Luo |first3=Michael |date=2013-04-10 |title=Loopholes in Gun Laws Allow Buyers to Skirt Checks |url=http://www.nytimes.com/2013/04/11/us/gun-law-loopholes-let-buyers-skirt-background-checks.html |newspaper=New York Times |location= |publisher= |accessdate= }} | ||
| *{{cite news |last=Kessler |first=Glenn |date= |
*{{cite news |last=Kessler |first=Glenn |date=2013-01-21 |title=The stale claim that 40 percent of gun sales lack background checks |url=http://www.washingtonpost.com/blogs/fact-checker/post/the-stale-claim-that-40-percent-of-gun-sales-lack-background-checks/2013/01/20/e42ec050-629a-11e2-b05a-605528f6b712_blog.html |type=blog |newspaper=Washington Post |location= |publisher= |accessdate= }} | ||
| ] | ] | ||
Revision as of 22:59, 15 January 2015
This article is about a U.S. political concept. For information about U.S. gun shows themselves, see Gun shows in the United States.Gun show loophole is a term-of-art, referring to, by those opposing, private sellers at gun shows not being required to perform a background check on private buyers, consistent with a longstanding practice of private commerce in the United States. Such commerce is legal by Federal law in all states, but some states have passed laws requiring all gun sales to go through a Federal Firearms License (FFL) holder before being transferred. Private sellers are however forbidden under federal law from selling firearms or ammunition to persons they know or have reason to believe are felons or are otherwise prohibited from purchasing firearms. The term is considered pejorative.
Legislation
During the April 9th, 1986, House floor debate over the Firearm Owners Protection Act it was noted that private-party sales at gun shows have never been required to perform background checks, while Federal Firearms License dealers must comply with the background check requirement for all sales, including at gun shows.
On November 6, 1998, Bill Clinton issued a memorandum for the Secretary of the Treasury and the Attorney General expressing concern about the practice, stating that he felt it made gun shows prime targets for criminals and gun traffickers. In the memo, he requested recommendations on what actions the administration should take, including legislation. These Departments reported gaps in current law and recommended extending the Brady Law to "close the gun show loophole"
In July 2009, Representatives Michael Castle and Carolyn McCarthy introduced the Gun Show Loophole Closing Act of 2009 (H.R. 2324) in the U.S. House of Representatives. Sen. Frank Lautenberg introduced similar legislation, the "Gun Show Background Check Act of 2009"(S. 843), in the U.S. Senate. As of October 2009, the House version of the bill had 35 co-sponsors (mostly Democrats) and the Senate version had 15 co-sponsors, all Democrats.
As of August 2013, 17 U.S. states require background checks at gun shows. Seven states require background checks on all gun sales at gun shows: California, Colorado, Connecticut, Illinois, New York, Oregon, and Rhode Island. Four require background checks on all handgun purchases at gun shows: Hawaii, Maryland, New Jersey, and Pennsylvania. Six require individuals to obtain a permit that involves a background check to purchase handguns: Iowa, Massachusetts, Michigan, Minnesota, Nebraska, and North Carolina. The remaining 33 states do not restrict private, intrastate sales of firearms at gun shows in any manner.
Current controversy
Opponents of gun control say there is no gun show loophole, only a long-standing tradition of free commerce between private parties that heretofore has not been restricted in the context of secondary, intrastate firearm sales. The National Rifle Association (NRA), citing federal government studies that found less than one percent of imprisoned felons said they obtained their guns from shows, says that when gun control supporters refer to the gun show loophole they are not really talking about criminals getting guns, but about the American people owning guns. They challenge federal jurisdiction in intrastate transactions between private parties, which they say exceeds the federal power created by the Commerce Clause.
According to the Center for Gun Policy and Research, there is no such loophole in federal law, in the sense that the law does not exempt private-party sales at gun shows from regulation that is required elsewhere. They suggest that the fundamental flaw in the gun show loophole is its failure to address the great majority of private-party sales, which occur at other locations and increasingly over the internet at sites where any non-prohibited person can list firearms for sale and buyers can search for private-party sellers. According to the Firearm Owners Protection Act, a Federal Firearms Licensee may legally sell firearms as a private-party seller at Gun shows in the United States, provided the firearm was transferred to the licensee's private collection at least one year prior to the sale. Hence, when a personal firearm is sold by an individual who also happens to hold an FFL, no ATF Form 4473 is required.
A National Institute of Justice study released in December 1997 reported that two percent of criminal guns came from gun shows. Similarly, a report by the U.S. Bureau of Justice Statistics in 1997 on federal firearms offenders reported 1.7 percent of crime guns are acquired at gun shows.
Past controversies
On May 27, 1999, Wayne LaPierre testified before the House Judiciary Committee Subcommittee on Crime, on behalf of the National Rifle Association, saying that "We think it's reasonable to provide mandatory instant criminal background checks for every sale at every gun show. No loopholes anywhere for anyone," he said. "That means closing the Hinckley loophole so the records of those adjudicated mentally ill are in the system. This isn't new, or a change of position, or a concession. I've been on record on this point consistently, from our national meeting in Denver, to paid national ads and position papers, to news interviews and press appearances."
Use of the gun show loophole was advocated in the summer of 2011 by al-Qaeda operative, Adam Gadahn. He said: "America is absolutely awash with easily obtainable firearms. You can go down to a gun show at the local convention center and come away with a fully automatic assault rifle, without a background check, and most likely without having to show an identification card". The last statement is false. In fact, individuals cannot legally buy a fully automatic firearm at gun shows or anywhere else without extensive background checks and the possession of the appropriate ATF National Firearms Act registry, permit, etc. signed off by the Federal Government and the local chief law enforcement officer. Said automatic weapon must be manufactured prior to 1986 or they cannot be legally possessed or legally transferred to individuals. The only groups allowed to possess post-1986 fully automatic firearms are law enforcement agencies, the military, and licensed importers, manufacturers, and dealers of National Firearms Act firearms. Further all automatic weapon sales must be registered and approved by the ATF along with paying a $200 tax stamp. Individuals on the U.S. terrorism watch list are prohibited from air travel but may purchase firearms.
Ongoing controversies
Some supporters of gun control are pushing for universal background checks, however, the National Rifle Association argues that a universal background check system for gun buyers is both impracticable and unnecessary, but an effective instant check system that includes records of the adjudicated mentally ill would prevent potentially dangerous people from getting their hands on firearms.
United States Attorneys have offered a wide range of proposals to address the gun show loophole. These include the following:
- allowing only FFLs to sell guns at gun shows so that a background check and a firearms transaction record accompany every transaction;
- strengthening the definition of “engaged in the business” by defining the terms with more precision, narrowing the exception for “hobbyists,” and lowering the intent requirement;
- limiting the number of private sales permitted by an individual to a specified number per year;
- requiring persons who sell guns in the secondary market to comply with the record-keeping requirements that are applicable to FFLs;
- requiring all transfers in the secondary market to go through an FFL;
- establishing procedures for the orderly liquidation of inventory belonging to FFLs who surrender their license;
- requiring registration of non-licensed persons who sell guns;
- increasing the punishment for transferring a firearm without a background check as required by the Brady Act;
- requiring the gun show promoters to be licensed and maintain an inventory of all the firearms that are sold by FFLs and non-FFLs at a gun show;
- requiring that one or more ATF agents be present at every gun show; and
- insulating unlicensed vendors from criminal liability if they agree to have purchasers complete a firearms transaction form.
References
- ^ "Gun Shows: Brady Checks and Crime Gun Traces" (PDF). atf.gov. Bureau of Alcohol, Tobacco and Firearms (ATF). January 1999. Retrieved June 27, 2014.
{{cite web}}: Unknown parameter|authors=ignored (help) - "Gun Show undercover" (PDF). October 2009. p. 11. Retrieved June 26, 2014.
- "Firearms Trafficking: U.S. Efforts to Combat Arms Trafficking to Mexico Face Planning and Coordination Challenges" (PDF). gao.gov. United States Government Accountability Office (GAO). June 2009. p. 27. GAO-09-709. Retrieved June 24, 2014.
- "U.S. Code, Title 18, Part I, Chapter 44, § 922 - Unlawful acts (d)". law.cornell.edu. Legal Information Institute. August 13, 2013. Retrieved June 24, 2014.
- "Gun Control, The Quest for Common Ground". Retrieved January 8, 2015.
- 99th Congress, 2d Session. April 9, 1986. "House floor debates". armsandthelaw.com. Retrieved 1 July 2014.
{{cite web}}: CS1 maint: multiple names: authors list (link) CS1 maint: numeric names: authors list (link) - 99th Congress, 2nd Session (1986). United States Code Congressional and Administrative News Vol. 4 - Legislative History FOPA- Public Laws 99-272 Cont'd 99-499 (PDF) (Volume 4 ed.). West Pub. Co. pp. 1–48. Retrieved 1 July 2014.
{{cite book}}: CS1 maint: numeric names: authors list (link) - "America's Gun Industry" (PDF). consumerfed.org. Consumer Federation of America. Retrieved 1 July 2014.
- http://www.gpo.gov/fdsys/pkg/PPP-1998-book2/pdf/PPP-1998-book2-doc-pg2002-2.pdf
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{{cite journal}}: Cite journal requires|journal=(help) - ^ Burnett, H. Sterling (2001-02-23). "The Gun Show 'Loophole:' More Gun Control Disguised as Crime Control". ncpa.org. National Center for Policy Analysis.
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Further reading
- Cooper, Michael; Schmidt, Michael S.; Luo, Michael (2013-04-10). "Loopholes in Gun Laws Allow Buyers to Skirt Checks". New York Times.
- Kessler, Glenn (2013-01-21). "The stale claim that 40 percent of gun sales lack background checks". Washington Post (blog).