Issue: All federally licensed firearm dealers (FFLs) are required to keep records of all firearms transactions and to conduct criminal background checks when they sell guns from their place of business or at gun shows. Federal law, however, does not require unlicensed gun traders at gun shows to conduct background checks on prospective gun purchasers or to document firearm sales in any manner. There are thousands of gun shows held every year. Terrorists, criminals and other prohibited persons can readily seek out unlicensed sellers at gun shows. Because unlicensed sellers are not regulated and do not keep records, federal, state and local law enforcement has difficulty tracing crime guns that are bought or sold at gun shows.

AHSA supports requiring all transfers of firearms at gun shows to be subject to all federal, state and local laws and regulations currently applicable to federally licensed firearm dealers including the conducting of the instant background check on purchasers.

In January of 1999, the Department of the Treasury, Department of Justice and Bureau of Alcohol, Tobacco and Firearms (ATF), published the results of a comprehensive five-year study of gun shows in this country. That study, Gun Shows: Brady Checks and Crime Gun Traces, found that more than 4,000 gun shows are held each year nationwide. In addition, the study found that most gun shows are held in public arenas, such as civic centers, fairgrounds and armories; the number of tables at shows ranges from 50 to 2,000; and, most shows occur over a two-day period, usually on weekends, and attract an average of 2,500-5,000 people.

The study also found that 25 to 50 percent of the vendors at gun shows are not federally licensed gun dealers. The ATF study paints a disturbing picture of gun shows as a venue for criminal activity and a source of firearms used in crime.

Felons, although prohibited from acquiring firearms, have been able to purchase firearms at gun shows. In fact, felons buying or selling firearms were involved in more than 46 percent of the investigations involving gun shows. In more than a third of the investigations, the firearms involved were known to have been used in subsequent crimes. These crimes included drug offenses, felons in possession of a firearm, assault, robbery, burglary, and homicide.”

In June of 2000, ATF published yet another study of gun trafficking entitled Following the Gun: Enforcing Federal Laws Against Firearm Traffickers. That study analyzed 1,530 trafficking investigations during the period July 1996 through December 1998, and concluded that gun shows were a "major trafficking channel," associated with approximately 26,000 illegally diverted firearms. The investigations involved both licensed and unlicensed sellers.

Gun shows have also been the source of firearms used in several high profile shootings, including the tragic shootings at Columbine High School in Colorado. In addition, notorious criminals such as Oklahoma City bomber Timothy McVeigh financed his domestic terrorist activities by selling firearms at gun shows.
Gun Show Image

Federal law does not regulate gun shows. It does, however, regulate the activities of federally licensed firearms dealers at such shows. Federal law defines the term "gun show" as a "function sponsored by any national, State, or local organization, devoted to the collection, competitive use, or other sporting use of firearms, or an organization or association that sponsors functions devoted to the collection, competitive use, or other sporting use of firearms in the community." 27 C.F.R. 178.100(b).

In 1984, ATF issued a regulation allowing licensees to temporarily conduct business at gun shows located in the same state as their licensed premises. In 1986, Congress codified that regulation as part of the McClure-Volkmer Act (also known as the "Firearms Owner's Protection Act"). 18 U.S.C. § 923(j). As a result, gun shows have flourished.

ATF has recommended that: 1) all sales at a gun shows should be processed through a dealer; 2) the definition of "gun show" should be broadened to include flea markets, swap meets and similar venues where guns are sold; 3) the definition of "engaged in the business" be amended to better identify and prosecute gun traffickers and suppliers of guns to criminals; and 4) the federal government commit additional resources to combat the illegal trade of firearms at gun shows.

Despite ATF’s concerns and recommendations, some gun groups maintain that gun shows are not a major source of crime guns and they actively oppose expanding current background check requirements. Those groups rely upon the findings in a special report published by the Bureau of Justice Statistics that involved a 1997 survey of federal and state prison inmates that used guns in crime. According to the inmates who used a gun illegally, only 2% of the inmates stated that they acquired their guns from a flea market or gun show. For obvious reasons many have questioned the accuracy of the findings of the prison inmate survey.

At The State Level

Although the majority of states follow federal law, some regulate gun sales at gun shows. Of the top five gun show states, three- California, Illinois and Pennsylvania- require background checks for all guns sold at gun shows.

In 2000, Colorado and Oregon passed ballot measures to require background checks on gun show purchasers.

Some states, such as California, require that all firearm sales - whether they occur at a gun show or elsewhere - be processed through a licensed dealer.

ATF crime gun data for crimes committed in 1999, reveal:

• Nine of the ten states that supply the most crime guns to out-of-state criminals do not require background checks at gun shows; and
• Nearly half of the guns traced to crimes committed in states that require gun show background checks were originally purchased in other states (as compared to less than a quarter of guns traced to crimes committed in states that do not require background checks).

Other Pro-gun Groups and Gun Industry Representatives On Record Supporting Background Checks At Gun Shows

Smith & Wesson: “Authorized dealers cannot sell at gun shows unless every seller at the gun show conducts background checks.” Company Statement of Policy March 17, 2000.

National Alliance of Stocking Gun Dealers: “Do something about the `gun shows.' Either shut them down or regulate them and restrict their activities to legal transactions in firearms. The Grand Bazaar approach that we now have ensures that every pugnacious child with a grudge to settle and every other form of human predator have easy access to all the firearms that they might desire, while the legitimate firearm owner is increasingly saddled with more and more onerous restrictions”. Bill Bridgewater, Executive Director of the National Alliance of Stocking Gun Dealers, in a 1993 letter to the House of Representatives Crime and Criminal Justice Subcommittee.

National Shooting Sports Foundation (NSSF) and Sporting Arms and Ammunition Manufacturer’s Institute (SAAMI): “[The] Industry supports background checks at gun shows provided the FBI does not maintain the names in violation of the law and the administration agrees to be more aggressive in prosecution of felons turned up by the background checks.” Robert T. Delfay, President and CEO, 1999.

American Shooting Sports Council, Inc. (ASSC): "The ASSC Board supports requiring all transfers of firearms at gun shows to be subject to all federal, state and local laws and regulations currently applicable to federally licensed firearm dealers including the conducting of the instant background check on purchasers." Minutes of the Board of Directors Meeting, November 21,1998. Board Members include: Glock,Inc., Smith & Wesson, Heckler & Koch and Taurus.