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On May 27, 1999, Wayne LaPierre, executive vice president of the [[National Rifle Association]], testified before the House Judiciary Committee Subcommittee on Crime, saying: "We think it is reasonable to provide mandatory, instant criminal background checks for every sale at every gun show. No loopholes anywhere for anyone. That means closing the Hinckley loophole so the records of those adjudicated mentally ill are in the system. This is not new or a change of position or a concession. I have been on the 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 name=LaPierre990527>{{cite web |last=LaPierre |first=Wayne |date=May 27, 1999 |title=Statement of Wayne LaPierre, Executive Vice President, National Rifle Association |url=http://commdocs.house.gov/committees/judiciary/hju63126.000/hju63126_0.htm |type=Testimony |event=Pending Firearms Legislation and the Administration's Enforcement of Current Gun Laws: Hearing Before the Subcommittee on Crime of the Committee of the Judiciary of the House of Representatives One Hundred Sixth Congress First Session |location=Washington, D.C. |website=commdocs.house.gov |accessdate=July 4, 2014 }}</ref>{{rp|118}}
On May 27, 1999, Wayne LaPierre, executive vice president of the [[National Rifle Association]], testified before the House Judiciary Committee Subcommittee on Crime, saying: "We think it is reasonable to provide mandatory, instant criminal background checks for every sale at every gun show. No loopholes anywhere for anyone. That means closing the Hinckley loophole so the records of those adjudicated mentally ill are in the system. This is not new or a change of position or a concession. I have been on the 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 name=LaPierre990527>{{cite web |last=LaPierre |first=Wayne |date=May 27, 1999 |title=Statement of Wayne LaPierre, Executive Vice President, National Rifle Association |url=http://commdocs.house.gov/committees/judiciary/hju63126.000/hju63126_0.htm |type=Testimony |event=Pending Firearms Legislation and the Administration's Enforcement of Current Gun Laws: Hearing Before the Subcommittee on Crime of the Committee of the Judiciary of the House of Representatives One Hundred Sixth Congress First Session |location=Washington, D.C. |website=commdocs.house.gov |accessdate=July 4, 2014 }}</ref>{{rp|118}}


Use of the gun show loophole was advocated in the summer of 2011 by [[al-Qaeda]] operative, [[Adam Gadahn]], who 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". In fact, however, individuals cannot legally buy a fully automatic firearm anywhere in the U.S. without undergoing background checks, obtaining approval from the [[Bureau of Alcohol, Tobacco, Firearms and Explosives]], and paying a tax.<ref>https://www.atf.gov/firearms/faq/national-firearms-act-machine-guns.html</ref><ref>https://www.atf.gov/firearms/faq/national-firearms-act-firearms.html#transfer-procedure</ref>
Use of the gun show loophole was advocated in the summer of 2011 by [[al-Qaeda]] operative, [[Adam Gadahn]], who 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". In fact, however, individuals cannot legally buy a fully automatic firearm anywhere in the U.S. without undergoing background checks, obtaining approval from the [[Bureau of Alcohol, Tobacco, Firearms and Explosives]], and paying a tax.<ref>{{cite web |author=<!--Staff writer(s); no by-line.--> |date=2014 |title=National Firearms Act (NFA) — Machine Guns FAQ |url=https://www.atf.gov/firearms/faq/national-firearms-act-machine-guns.html |website=atf.gov |publisher=U.S. Department of Justice |accessdate=January 15, 2015 }}</ref><ref>{{cite web |author=<!--Staff writer(s); no by-line.--> |date=2014 |title=National Firearms Act (NFA) — Firearms FAQ |url=https://www.atf.gov/firearms/faq/national-firearms-act-firearms.html#transfer-procedure |website=atf.gov |publisher=U.S. Department of Justice |accessdate=January 15, 2015 }}</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>
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>

Revision as of 19:33, 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 referring to the ability of private buyers at gun shows being able to purchase firearms from private sellers without a background check. The ability is consistent with a longstanding practice of private commerce in the United States.[1][2][3] 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.[4]

Legislation

During the April 9th, 1986, House floor debate over the Firearm Owners Protection Act it was noted[5] 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.[6][7]

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.[1][8] These Departments reported gaps in current law and recommended extending the Brady Law to "close the gun show loophole"[9]

In July 2009, Representatives Michael Castle and Carolyn McCarthy introduced the Gun Show Loophole Closing Act of 2009 (H.R. 2324)[10] 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.[11] 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.[12][13][14]

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.[15][16] 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.[17] They challenge federal jurisdiction in intrastate transactions between private parties, which they say exceeds the federal power created by the Commerce Clause.[18]

According to Garen J. Wintemute, professor of emergency medicine at UC Davis, "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."[19]: 104  Wintemute said, "The fundamental flaw in the gun show loophole proposal 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."[19] 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.[20][21][22]

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.[16]

Past controversies

On May 27, 1999, Wayne LaPierre, executive vice president of the National Rifle Association, testified before the House Judiciary Committee Subcommittee on Crime, saying: "We think it is reasonable to provide mandatory, instant criminal background checks for every sale at every gun show. No loopholes anywhere for anyone. That means closing the Hinckley loophole so the records of those adjudicated mentally ill are in the system. This is not new or a change of position or a concession. I have been on the record on this point consistently, from our national meeting in Denver to paid national ads and position papers, to news interviews, and press appearances."[23]: 118 

Use of the gun show loophole was advocated in the summer of 2011 by al-Qaeda operative, Adam Gadahn, who 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". In fact, however, individuals cannot legally buy a fully automatic firearm anywhere in the U.S. without undergoing background checks, obtaining approval from the Bureau of Alcohol, Tobacco, Firearms and Explosives, and paying a tax.[24][25]

Individuals on the U.S. terrorism watch list are prohibited from air travel but may purchase firearms.[26][27]

Ongoing controversies

Some supporters of gun control are pushing for universal background checks,[28] 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.[29]

United States Attorneys have offered a wide range of proposals to address the gun show loophole. These include the following:

  1. allowing only FFLs to sell guns at gun shows so that a background check and a firearms transaction record accompany every transaction;
  2. 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;
  3. limiting the number of private sales permitted by an individual to a specified number per year;
  4. requiring persons who sell guns in the secondary market to comply with the record-keeping requirements that are applicable to FFLs;
  5. requiring all transfers in the secondary market to go through an FFL;
  6. establishing procedures for the orderly liquidation of inventory belonging to FFLs who surrender their license;
  7. requiring registration of non-licensed persons who sell guns;
  8. increasing the punishment for transferring a firearm without a background check as required by the Brady Act;
  9. 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;
  10. requiring that one or more ATF agents be present at every gun show; and
  11. insulating unlicensed vendors from criminal liability if they agree to have purchasers complete a firearms transaction form.[1]

See also

References

  1. ^ a b c "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}}: Cite uses deprecated parameter |authors= (help)
  2. ^ "Gun Show undercover" (PDF). October 2009. p. 11. Retrieved June 26, 2014.
  3. ^ "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.
  4. ^ "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.
  5. ^ 99th Congress, 2d Session. April 9, 1986. "House floor debates". armsandthelaw.com. Retrieved July 1, 2014.{{cite web}}: CS1 maint: multiple names: authors list (link) CS1 maint: numeric names: authors list (link)
  6. ^ 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 July 1, 2014.{{cite book}}: CS1 maint: numeric names: authors list (link)
  7. ^ "America's Gun Industry" (PDF). consumerfed.org. Consumer Federation of America. Retrieved July 1, 2014.
  8. ^ Clinton, William J. (November 6, 1998). "Memorandum on Preventing Firearms Sales to Prohibited Purchasers" (PDF). gpo.gov.
  9. ^ "History of Federal Firearms Laws in the United States Appendix C". justice.gov. Retrieved July 4, 2014.
  10. ^ "Gun show loophole bill is back in Congress". United Press International (UPI). July 19, 2009.
  11. ^ Rucker, Philip (August 5, 2013). "Study finds vast online marketplace for guns without background checks". Washington Post. Retrieved June 24, 2014.
  12. ^ "2008 Brady Campaign State Scorecard" (PDF). West Virginia Public Broadcasting.
  13. ^ "Brady Background Checks: Gun Show Loophole: Frequently Asked questions". September 27, 2009. Archived from the original on September 27, 2009.
  14. ^ DeLuca, Matthew (April 10, 2013). "Background checks for guns: What you need to know". NBC News. u.s. news. Retrieved July 1, 2014.
  15. ^ Johnson, Nicholas J. (January 13, 2009). "Imagining Gun Control in America: Understanding the Remainder Problem": 837–891. Retrieved June 24, 2014. {{cite journal}}: Cite journal requires |journal= (help)
  16. ^ a b Burnett, H. Sterling (February 23, 2001). "The Gun Show 'Loophole:' More Gun Control Disguised as Crime Control". ncpa.org. National Center for Policy Analysis.
  17. ^ Cox, Chris W. (January 21, 2010). "The War on Gun Shows". nraila.org. National Rifle Association of America Institute for Legislative Action. Retrieved July 6, 2014.
  18. ^ McCullagh, Declan (June 16, 2009). "Gun Rights Groups Plan State-By-State Revolt". CBS Interactive.
  19. ^ a b Wintemute, Garen J. (2013). "Comprehensive Background Checks for Firearm Sales: Evidence from Gun Shows". In Webster, Daniel W.; Vernick, Jon S. (eds.). Reducing Gun Violence in America. Johns Hopkins University Press. ISBN 9781421411101. Retrieved July 1, 2014. {{cite book}}: External link in |chapterurl= (help); Unknown parameter |chapterurl= ignored (|chapter-url= suggested) (help)
  20. ^ "Records Required--Licenses". ATF.GOV. Retrieved July 1, 2014.
  21. ^ bardwell. "National Rifle Ass'n v. Brady, 914 F.2d 475 (4th Cir. 1990)". constitution.org. bardwell. Retrieved July 1, 2014.
  22. ^ "FFL Application Form" (PDF). ATF.GOV. ATF. Retrieved July 1, 2014.
  23. ^ LaPierre, Wayne (May 27, 1999). "Statement of Wayne LaPierre, Executive Vice President, National Rifle Association". commdocs.house.gov (Testimony). Washington, D.C. Retrieved July 4, 2014. {{cite web}}: Unknown parameter |event= ignored (help)
  24. ^ "National Firearms Act (NFA) — Machine Guns FAQ". atf.gov. U.S. Department of Justice. 2014. Retrieved January 15, 2015.
  25. ^ "National Firearms Act (NFA) — Firearms FAQ". atf.gov. U.S. Department of Justice. 2014. Retrieved January 15, 2015.
  26. ^ Lind, Michael (June 6, 2011). "Closing the 'terror gap' and the gun show loophole". The Washington Post.
  27. ^ Madison, Lucy (June 28, 2011). "Mayors invoke terrorism for gun control argument". CBS Interactive. Archived from the original on July 2, 2011. Retrieved June 24, 2014.
  28. ^ Martinez, Michael (January 28, 2013). "'Universal background check:' What does it mean?". CNN US. Retrieved July 7, 2014.
  29. ^ Sherfinski, David (January 31, 2013). "NRA head wary on background checks, wants better instant check system". The Washington Times. Retrieved July 7, 2014.

Further reading

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