Support the McCarthy/Roukema/Blagojevich Gun Show Amendment

The McCarthy/Roukema/Blagojevich gun show amendment would finally plug the dangerous loophole that exempts many sales at gun shows from the Brady Law's background check requirement. Today gun shows flourish as a primary market for guns used in crime, as detailed in the Violence Policy Center's 1996 study, Gun Shows in America: Tupperware Parties for Criminals.

The House leadership gun show bill (H.R. 2122) is far weaker than McCarthy/Roukema/Blagojevich, as well as the Senate-passed requirement for background checks on sales of firearms at gun shows. In fact, H.R. 2122 has numerous loopholes, making it weaker than current gun law.

Definition of "Gun Show" is Key to Effectiveness of Gun Show Provision

The definition of a "gun show" in H.R. 2122 includes only those events at which there are 50 or more firearms offered or exhibited for sale and 10 or more firearm vendors. This arbitrary definition exempts smaller shows and flea markets. More significantly, it would allow other gun show promoters to evade registration and background check requirements by simply restructuring their shows to have fewer than 10 so-called "exhibitors." As a result, any show with eight or nine "exhibitors" could sell hundreds, even thousands of guns without background checks. Such a broad exemption nearly eradicates the effectiveness of the entire background check provision. The stronger definition in McCarthy/Roukema/Blagojevich covers any event at which 50 or more guns are offered or exhibited for sale and two or more vendors are present.

H.R. 2122 Would Legalize Interstate Sales of Handguns

A bedrock component of America's gun laws is a prohibition on the interstate sale of handguns. This limit helps to curtail interstate gun trafficking and enables states with permit systems to better enforce their requirements. Under current law, a licensed gun dealer may only do business at a gun show in his home state, and may only directly sell handguns to buyers who are residents of the state in which the gun show is held. H.R. 2122 would eliminate the ban on the interstate sale of handguns by allowing dealers to ship firearms purchased at a gun show to buyers in any state. This provision dramatically weakens current law. Neither McCarthy/Roukema/Blagojevich nor the Senate bill contain this provision.

H.R. 2122 Eliminates Crime Gun Tracing Requirements Essential for Law Enforcement

McCarthy/Roukema/Blagojevich would require that information regarding firearms transferred at gun shows be forwarded to the Department of the Treasury. This would enable law enforcement authorities to trace these weapons if they are used in crimes. H.R. 2122 eliminates this provision, making guns sold at gun shows very difficult—or even impossible—to trace. Because the guns used in the Littleton, Colorado shooting were purchased at a gun show, they were extremely difficult for investigators to trace.

H.R. 2122 Shrinks Waiting Period for Incomplete Background Checks

Under the Brady Law, if the result of an "instant" background check is inconclusive, law enforcement officials have three business days to investigate further and ascertain whether the purchaser is a felon, a juvenile, or otherwise disqualified from buying the firearm. At the end of this period, the seller is allowed to give the gun to the buyer. H.R. 2122 would change this time period for gun show checks to 72 hours—a significant change since almost all gun shows occur on the weekend. For example, if a gun show sale were made at 10 a.m. on a Saturday, the authorities would have only until 10 a.m. Tuesday to check the buyer's records. Under current law, they would have until the close of business on Wednesday—a two-day difference. Since many court documents are unavailable over the weekend, this seemingly small change will limit the ability of law enforcement to conduct a full background check—especially in cases where most records are not computerized, such as domestic violence misdemeanor convictions or mental health problems. McCarthy/Roukema/Blagojevich would maintain the Brady Law's period of three business days.

H.R. 2122 Restricts Records Inspection Authority

Under current law, the licensed premises of gun dealers, importers, and manufacturers may be inspected once a year to ensure that licensees are complying with recordkeeping requirements. H.R. 2122 exempts gun show promoters from such routine inspections, allowing the Department of the Treasury access to promoters' records only in the course of a criminal investigation or to conduct a crime gun trace. This provision would seriously undermine the ability of law enforcement to ensure that gun show promoters adhere to the background check requirements. McCarthy/Roukema/Blagojevich would allow routine records inspections.