Gun show
Encyclopedia
Ammunition
Ammunition is a generic term derived from the French language la munition which embraced all material used for war , but which in time came to refer specifically to gunpowder and artillery. The collective term for all types of ammunition is munitions...
, literature, knives, jerky
Jerky (food)
Jerky is lean meat that has been trimmed of fat, cut into strips, and then been dried to prevent spoilage. Normally, this drying includes the addition of salt, to prevent bacteria from developing on the meat before sufficient moisture has been removed. The word "jerky" is a bastardization of the...
, militaria
Militaria
Militaria are artifacts or replicas of military, police, etc., collected for their historical significance. Such antiques include firearms, swords, knives, and other weapons such as; uniforms, helmets, other military headgear, and armour; military orders and decorations; challenge coins and...
, and miscellaneous collectibles are displayed, bought, sold, traded, and discussed. Gun shows also often include exhibitions related to hunting
Hunting
Hunting is the practice of pursuing any living thing, usually wildlife, for food, recreation, or trade. In present-day use, the term refers to lawful hunting, as distinguished from poaching, which is the killing, trapping or capture of the hunted species contrary to applicable law...
and the preparation and preservation of wild game for consumption. They also may be used by gun manufacturers to demonstrate new firearm models—or by gun enthusiasts to exhibit antique or unusual guns. Gun shows also serve as common and recurring meeting places for shooters to discuss gun culture
Gun culture
The gun culture is a culture shared by people in the gun politics debate, generally those who advocate preserving gun rights and who are generally against more gun control...
topics such as the right to keep and bear arms.
Gun shows are typically held in public buildings, including hotel
Hotel
A hotel is an establishment that provides paid lodging on a short-term basis. The provision of basic accommodation, in times past, consisting only of a room with a bed, a cupboard, a small table and a washstand has largely been replaced by rooms with modern facilities, including en-suite bathrooms...
s, mall
Shopping mall
A shopping mall, shopping centre, shopping arcade, shopping precinct or simply mall is one or more buildings forming a complex of shops representing merchandisers, with interconnecting walkways enabling visitors to easily walk from unit to unit, along with a parking area — a modern, indoor version...
s, armories
Armory (military)
An armory or armoury is a place where arms and ammunition are made, maintained and repaired, stored, issued to authorized users, or any combination of those...
, stadium
Stadium
A modern stadium is a place or venue for outdoor sports, concerts, or other events and consists of a field or stage either partly or completely surrounded by a structure designed to allow spectators to stand or sit and view the event.)Pausanias noted that for about half a century the only event...
s, etc., and are open to the public with a nominal fee charged for admittance. They are almost always two-day events held on weekends by promoters who lease the space and allow dealers to rent tables to display their wares and/or advertise services they provide.
Under the Gun Control Act of 1968 (GCA), firearm dealers with a Federal Firearms License (FFL) were prohibited from doing business at gun shows (they were only permitted to do business at the address listed on their license). That changed with the enactment of the Firearm Owners Protection Act of 1986 (FOPA), which allows FFLs to transfer firearms at gun shows provided they follow the provisions of the GCA and other pertinent federal regulations. The ATF
Bureau of Alcohol, Tobacco, Firearms and Explosives
The Bureau of Alcohol, Tobacco, Firearms and Explosives is a federal law enforcement organization within the United States Department of Justice...
reports that between 50% and 75% of the vendors at gun shows possess a Federal Firearms License.
In 2005, Michael Bouchard, Assistant Director/Field Operations of ATF
Bureau of Alcohol, Tobacco, Firearms and Explosives
The Bureau of Alcohol, Tobacco, Firearms and Explosives is a federal law enforcement organization within the United States Department of Justice...
, estimated that 5,000 gun shows take place each year in the United States. Most gun shows have 2,500 to 15,000 attendees over a two-day period. The number of tables at a gun show varies from as few as fifty to as many as 2,000. At the largest gun shows, over 1,000 firearms are sold over two days.
Controversies
In the last decade, gun shows have become controversial in the United States. Those concerned about these events claim that American gun shows are a primary source of illegally trafficked firearms, both within the United States and abroad. Those supporting gun shows include gun clubs and their membership, especially the National Rifle Association, and their response has been massive because they believe that their Second Amendment rightsSecond Amendment to the United States Constitution
The Second Amendment to the United States Constitution is the part of the United States Bill of Rights that protects the right of the people to keep and bear arms. It was adopted on December 15, 1791, along with the rest of the Bill of Rights.In 2008 and 2010, the Supreme Court issued two Second...
are being jeopardized.
U.S. federal law requires persons engaged in interstate firearm commerce, or those who are "engaged in the business" of dealing firearms, to hold a Federal Firearms License
Federal Firearms License
A Federal Firearms License is a license that enables an individual or a company to engage in a business pertaining to the manufacture of firearms and ammunition or the interstate and intrastate sale of firearms...
and perform background check
Background check
A background check or background investigation is the process of looking up and compiling criminal records, commercial records and financial records of an individual....
s through the National Instant Criminal Background Check System maintained by the FBI prior to transferring a firearm. Under the terms of the Firearm Owners Protection Act of 1986
Firearm Owners Protection Act
The Firearm Owners' Protection Act , , codified at et seq., is a United States federal law that revised many statutes in the Gun Control Act of 1968.-Federal Firearms License regulatory reform:...
, however, individuals "not engaged in the business" of dealing firearms, or who only make "occasional" sales within their state of residence, are under no requirement to conduct background checks on purchasers or maintain records of sale (although even private sellers are forbidden under federal law from selling firearms to persons they have reason to believe are felons or otherwise prohibited from purchasing firearms).
Those seeking to close the "Gun Show Loophole" argue that it provides convicted felons and other prohibited purchasers (i.e., domestic abusers, substance abusers, those who have been adjudicated as "mental defectives," etc.) with opportunities to evade background checks, as they can easily buy firearms from private sellers with no accountability or oversight.
Use of the "Gun Show Loophole" has been advocated by terrorists. In the summer of 2011, Adam Yahiye Gadah declared that "America is absolutely awash with easily obtainable firearms." Falsely claiming, "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," Gadah urged Western extremists to follow this path. News analysis indicated that individuals could not actually buy a fully automatic assault rifle at gun shows.
The term "Gun Show Loophole" has been contentious with gun rights advocates, however. They claim there is no "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. Furthermore, they argue that the term "Gun Show Loophole" is misleading, as private firearm sellers are not required to perform background checks regardless of location—whether they are at a gun show, a flea market, their home, or anywhere else. They also challenge federal jurisdiction in intrastate transactions between private parties, which they argue exceeds the federal power created by the Commerce Clause
Commerce Clause
The Commerce Clause is an enumerated power listed in the United States Constitution . The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to...
.
In July 2009, Representatives Michael Castle and Carolyn McCarthy
Carolyn McCarthy
Carolyn McCarthy is the U.S. Representative for , serving since 1997. She is a member of the Democratic Party. The district is located in central Long Island in west-central Nassau County and includes Mineola, the Five Towns, East Rockaway, Rockville Centre, Oceanside, Garden City, Hempstead,...
introduced the Gun Show Loophole Closing Act of 2009
Gun Show Loophole Closing Act of 2009
The Gun Show Loophole Closing Act of 2009 and Gun Show Background Check Act of 2009 are pending pieces of legislation in the United States 111th Congress intended to change record keeping and background check requirements for sales of firearms at gun shows.-Legislative History:The Senate bill, ,...
in the U.S. House of Representatives. Sen. Frank Lautenberg
Frank Lautenberg
Frank Raleigh Lautenberg is the senior United States Senator from New Jersey and a member of the Democratic Party. Previously, he was the Chairman and Chief Executive Officer of Automatic Data Processing, Inc.-Early life, career, and family:...
introduced similar legislation, the "Gun Show Background Check Act of 2009", 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.
Presently, 17 states regulate private firearm sales at gun shows. Seven states require background checks on all gun sales at gun shows (California, Rhode Island, Connecticut, Oregon, New York, Illinois and Colorado). Four states (Hawaii, Maryland, New Jersey, and Pennsylvania) require background checks on all handgun, but not long gun, purchasers at gun shows. Six states require individuals to obtain a permit to purchase handguns that involves a background check (Massachusetts, Michigan, North Carolina, Iowa, Nebraska). Certain counties in Florida require background checks on all private sales of handguns at gun shows. The remaining 33 states do not restrict private, intrastate sales of firearms at gun shows in any manner.
Research and studies
In 2000, the Bureau of Alcohol, Tobacco and Firearms (ATF) published the "Following the Gun" report. The ATF analyzed more than 1,530 trafficking investigations over a two-and-a-half-year period and found gun shows to be the second leading source of illegally diverted guns in the nation. "Straw purchasing was the most common channel in trafficking investigations." These investigations involved a total of 84,128 firearms that had been diverted from legal to illegal commerce. All told, the report identified more than 26,000 firearms that had been illegally trafficked through gun shows in 212 separate investigations. The report stated that: "A prior review of ATF gun show investigations shows that prohibited persons, such as convicted felons and juveniles, do personally buy firearms at gun shows and gun shows are sources of firearms that are trafficked to such prohibited persons. The gun show review found that firearms were diverted at and through gun shows by straw purchasers, unregulated private sellers, and licensed dealers. Felons were associated with selling or purchasing firearms in 46 percent of the gun show investigations. Firearms that were illegally diverted at or through gun shows were recovered in subsequent crimes, including homicide and robbery, in more than a third of the gun show investigations."In contrast, a Bureau of Justice Statistics (BJS) report on “Firearms Use by Offenders” found that only 0.8% of prison inmates reported acquiring firearms used in their crimes "At a gun show," with repeat offenders less likely than first-time offenders to report acquiring firearms from a retail source, gun show or flea market. This 2001 study examined data from a 1997 Department of Justice survey of more than 18,000 federal and state prison inmates in 1,409 State prisons and 127 Federal prisons. The remaining 99.2% of inmates reported obtaining firearms from other sources, including "From a friend/family member" (36.8%), "Off the street/from a drug dealer" (20.9%), "From a fence/black market source" (9.6%), "From a pawnshop," "From a flea market," "From the victim," or "In a burglary." 9% of inmates replied "Don't Know/Other" to the question of where they acquired a firearm and 4.4% refused to answer. The Department of Justice did not attempt to verify the firearms reported in the survey or trace them to determine their chain of possession from original retail sale to the time they were transferred to the inmates surveyed (in cases where inmates were not the original retail purchaser).
Gun-control advocate Garen Wintemute, Director of UC Davis’ Violence Prevention Research Program, released a study in 2007 claiming that gun shows are a venue for illegal activity, including straw purchases and unlicensed sales to prohibited individuals. In contrast, in 2008, professors Mark Duggan and Randi Hjalmarsson at the University of Maryland and Brian Jacob from the University of Michigan released a paper that found no evidence that gun shows lead to substantial increases in either gun homicides or gun suicides. The study looked at 2,200 gun shows in Texas and almost 1,200 gun shows in California during the period of 1994–2004 and examined their effect on gun homicide and gun suicide rates within a 25-mile radius of the shows in the four weeks immediately following their conclusion. The researchers stated that, “Taken together, our results suggest that gun shows do not increase the number of homicides or suicides and that the absence of gun show regulations does not increase the number of gun-related deaths as proponents of these regulations suggest.” However, the Duggan, et al., paper was critiqued publicly by other researchers from the University of California, Davis, the Harvard School of Public Health, the Johns Hopkins Bloomberg School of Public Health, Northeastern University, the Kennedy School of Government at Harvard University, and the University of California, Berkeley. These researchers critiqued the model underlying the paper for failing to reflect the realities of the operations of gun markets and the dynamics of criminal gun use.
In October 2009, the City of New York released “Gun Show Undercover: Report on Illegal Sales at Gun Shows.” The report details undercover investigations that took place at gun shows in three states—Tennessee, Nevada, and Ohio—between May and August 2009. Private investigators were hired by the Office of NYC Mayor Michael Bloomberg to perform sting operations on federally licensed firearm dealers and unlicensed private sellers at 14 different shows in these states. Private investigators posing as purchasers approached 33 unlicensed sellers and told them that they “probably couldn’t pass a background check.” 22 (or 67%) of the private sellers sold a gun to them anyway. Additionally, 17 federally licensed dealers at the shows were approached by investigators who simulated a “straw purchase.” In a straw purchase, a prohibited purchaser recruits an individual with a clean criminal record to fill out paperwork, pass the background check, and purchase firearms for him/her. All but one licensed dealer sold investigators a gun in this manner, again despite the fact that it constituted a clear violation of federal law. These illegal transactions were videotaped by investigators.
ATF criminal investigations at Gun Shows
From 2004 to 2006, ATFBureau of Alcohol, Tobacco, Firearms and Explosives
The Bureau of Alcohol, Tobacco, Firearms and Explosives is a federal law enforcement organization within the United States Department of Justice...
conducted surveillance and undercover investigations at 195 gun shows (approximately 2% of all shows). Specific targeting of suspected individuals (77%) resulted in 121 individual arrests and 5,345 firearms seizures. Seventy nine of the 121 ATF operation plans were known suspects previously under investigation.
Additionally, ATF Field Offices report that:
- Between 2002 and 2005, more than 400 guns legally purchased at gun shows from licensed dealers in the city of Richmond, Virginia, were later recovered in connection with criminal activity. Bouchard notes that, "These figures do not take into account firearms that may have been sold at RichmondRichmond, VirginiaRichmond is the capital of the Commonwealth of Virginia, in the United States. It is an independent city and not part of any county. Richmond is the center of the Richmond Metropolitan Statistical Area and the Greater Richmond area...
area gun shows by unlicensed sellers, as these transactions are more difficult to track." It is noteworthy that the "in connection with criminal activity" category includes stolen guns later recovered from burglariesBurglaryBurglary is a crime, the essence of which is illicit entry into a building for the purposes of committing an offense. Usually that offense will be theft, but most jurisdictions specify others which fall within the ambit of burglary...
, but the report does not specify how many guns in the 400 gun figure cited were not guns used in the commission of a crime, but that were rather the fruits of criminal activity.
- The Department of Justice reports, "after reviewing hundreds of trace reports associated with guns used in crime recovered in the New Orleans area and interviewing known gang membersGangA gang is a group of people who, through the organization, formation, and establishment of an assemblage, share a common identity. In current usage it typically denotes a criminal organization or else a criminal affiliation. In early usage, the word gang referred to a group of workmen...
and other criminals, ATF Special Agents identified area gun shows as a source used by local gang members and other criminals to obtain guns."
- In 2003 and 2004, the San Francisco ATF Field Division conducted six general operations at Reno, NevadaReno, NevadaReno is the county seat of Washoe County, Nevada, United States. The city has a population of about 220,500 and is the most populous Nevada city outside of the Las Vegas metropolitan area...
, gun shows to investigate interstate firearms trafficking. During these operations, "agents purchased firearms and identified violations related to "off paper" sales, sales to out-of-state residents, and dealing in firearms without a license." The "ATF seized or purchased 400 firearms before making arrests and executing search warrants, which resulted in the seizure of an additional 600 firearms and the recovery of explosives."
- ATF's Columbus Field Division conducted its anti-trafficking operations based on intelligence from Cleveland police that "many of the guns recovered in high-crime areas of the city had been purchased at local gun shows." Subsequent gun show sting operations resulted in the seizure of "5 guns, one indictment, and two pending indictments for felony possession of a firearm." The state of OhioOhioOhio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
is one of the top ten source states for recovered guns used in crime.
- The ATF's Phoenix Field Division reported that "many gun shows attracted large numbers of gang members from Mexico and California. They often bought large quantities of assault weapons and smuggled them into Mexico or transported them to California." Garen Wintemute, a professor at the University of California at Davis, calls Arizona and Texas a "gunrunner's paradise."
Regarding the trafficking of firearms from the U.S. into Mexico, the U.S. Government Accountability Office (GAO) issued a report in June 2009 which stated: “While it is impossible to know how many firearms are illegally smuggled into Mexico in a given year, about 87 percent of firearms seized by Mexican authorities and traced in the last 5 years originated in the United States, according to data from Department of Justice’s Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). According to U.S. and Mexican government officials, these firearms have been increasingly more powerful and lethal in recent years. Many of these firearms come from gun shops and gun shows in Southwest border states
Southwestern United States
The Southwestern United States is a region defined in different ways by different sources. Broad definitions include nearly a quarter of the United States, including Arizona, California, Colorado, Nevada, New Mexico, Oklahoma, Texas and Utah...
.”
The GAO report has been corroborated through other sources. William Newell, Special Agent in Charge of ATF’s Phoenix Field Division, testified before a U.S. House of Representatives subcommittee in March 2009, stating, “Drug traffickers are able to obtain firearms and ammunition more easily in the U.S., including sources in the secondary market such as gun shows and flea markets. Depending on State law, the private sale of firearms at those venues often does not require record keeping or background checks prior to the sale.” The ATF has also reported that, “Trends indicate the firearms illegally crossing the U.S.-Mexico border are becoming more powerful. ATF has analyzed firearms seizures in Mexico from FY 2005-07 and identified the following weapons most commonly used by drug traffickers: 9mm pistols; .38 Super pistols; 5.7mm pistols; .45-caliber pistols; AR-15 type rifles
AR-15
The AR-15 is a lightweight, 5.56 mm, air-cooled, gas-operated, magazine-fed semi-automatic rifle, with a rotating-lock bolt, actuated by direct impingement gas operation. It is manufactured with the extensive use of aluminum alloys and synthetic materials....
; and AK-47 type rifles.” Which is highly inflated. 87 percent of the firearms sent in for trace to the ATF, which is a small fraction of the firearms and weapons that are seized by the Mexican Government. The GAO misstated the way the data is reported. The number of firearms Mexico seizes is unknown, they do not report the number that are traced back to the Mexican military and police. Claims of American-purchased firearms being the primary source for Mexican criminal gangs and drug cartels have been questioned. While many of the traceable weapons come from the U.S., some believe the vast majority of weapons being used by the cartels come from other sources. According to Raul Benitez, a security expert at the National Autonomous University of Mexico, "Mexico's southern border with Guatemala has long been an entry point for such weapons and today could account for 10 to 15 percent coming through." William La Jeunesse and Maxim Lott have described Mexico as a "virtual arms bazaar," where one can purchase a wide variety of military weapons from international sources: "fragmentation grenades from South Korea, AK-47
AK-47
The AK-47 is a selective-fire, gas-operated 7.62×39mm assault rifle, first developed in the Soviet Union by Mikhail Kalashnikov. It is officially known as Avtomat Kalashnikova . It is also known as a Kalashnikov, an "AK", or in Russian slang, Kalash.Design work on the AK-47 began in the last year...
s from China, and shoulder-fired rocket launchers from Spain, Israel and former Soviet bloc manufacturers." In addition, they note that Mexican drug cartels have long-established drug- and gun-running ties with Latin American revolutionary movements such as Colombia's FARC. Further, China
China
Chinese civilization may refer to:* China for more general discussion of the country.* Chinese culture* Greater China, the transnational community of ethnic Chinese.* History of China* Sinosphere, the area historically affected by Chinese culture...
has supplied military arms to Latin America and Chinese-made assault weapons
Assault rifle
An assault rifle is a selective fire rifle that uses an intermediate cartridge and a detachable magazine. Assault rifles are the standard infantry weapons in most modern armies...
have been recovered in Mexico, according to Amnesty International. Finally, the Mexican army has seen rampant desertion
Desertion
In military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning...
rates (150,000 in the last six years) and many soldiers have taken their weapons home with them, including Belgian-made M16s
M16 rifle
The M16 is the United States military designation for the AR-15 rifle adapted for both semi-automatic and full-automatic fire. Colt purchased the rights to the AR-15 from ArmaLite, and currently uses that designation only for semi-automatic versions of the rifle. The M16 fires the 5.56×45mm NATO...
.
Additionally, skeptics have pointed out that it would be difficult for the Mexican drug cartels
Drug cartel
Drug cartels are criminal organizations developed with the primary purpose of promoting and controlling drug trafficking operations. They range from loosely managed agreements among various drug traffickers to formalized commercial enterprises. The term was applied when the largest trafficking...
to acquire fully automatic firearms at American gun shows (as opposed to the semiautomatic-only versions of these firearms that are legal on the U.S. civilian market). To purchase or transfer a fully automatic firearm legally
National Firearms Act
The National Firearms Act , 73rd Congress, Sess. 2, ch. 757, , enacted on June 26, 1934, currently codified as amended as , is an Act of Congress that, in general, imposes a statutory excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms. The...
, U.S. citizens must pay a $200 transfer tax, submit a full set of fingerprints on FBI Form FD-258, obtain certification provided by a chief law enforcement officer ("CLEO": the local chief of police, sheriff of the county, head of the State police, or State or local district attorney or prosecutor), and obtain final approval from the BATF on a Form 4 transfer of NFA
National Firearms Act
The National Firearms Act , 73rd Congress, Sess. 2, ch. 757, , enacted on June 26, 1934, currently codified as amended as , is an Act of Congress that, in general, imposes a statutory excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms. The...
registration to the new owner.No fully automatic firearms (machine guns) recovered in Mexico have been traced to the United States.
Gun show differences by state
Some states in the United States have numerous gun shows, such as TexasTexas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
, and other states rarely have gun shows, such as New Jersey. In New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
, only one small gun show (fewer than 200 people) takes place monthly, and absolutely no transfers of modern firearms are allowed at the show, which is run by an antique gun collectors club. New Jersey, by U.S. standards, has very strict firearms regulations and laws. In Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
, over 150 gun shows take place every year, most shows attracting thousands of patrons. There is very little state or federal regulation of private transfers of firearms at these shows. Other states, such as Colorado
Colorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
, take more of a middle ground. In Colorado, about 50 gun shows take place each year, and private sales of any firearms are prohibited at all gun shows. All firearms sales at Colorado gun shows must be made by a federally licensed firearms dealer
Federal Firearms License
A Federal Firearms License is a license that enables an individual or a company to engage in a business pertaining to the manufacture of firearms and ammunition or the interstate and intrastate sale of firearms...
, and include a criminal background check
Brady Handgun Violence Prevention Act
The Brady Handgun Violence Prevention Act is an Act of the United States Congress that, for the first time, instituted federal background checks on firearm purchasers in the United States....
. Private sales/transfers of firearms in the state of Colorado outside of gun shows are still legal. In contrast, in many other states, private sales/transfers of firearms between private citizens of the same state are entirely legal, regardless of whether within or outside of gunshows.
External links
- Crossroads of the West Calendar of gun shows
- Gunshows-USA.com - A directory of gun shows around the U.S.
- Gun shows across a multistate American gun market: observational evidence of the effects of regulatory policies - Study by Dr. Garen Wintemute, M.D., M.P.H.
- The Effect of Gun Shows on Gun Suicides, Accidental Gun Deaths and Gun Violence - Study by Mark Duggan, Randi Hjalmarsson and Brian A. Jacob, rev. draft, September 2008.