Gun Shows, a piece of Americana. Like boat
shows, car shows and art shows, gun shows are large events open to
the public. Held in convention centers and similar facilities, they
attract a broad range of people with an interest in guns, including
collectors, hunters, target shooters, police officers and military
personnel. Exhibitors include gun dealers (all federally licensed),
gun collectors, hunting guides, target shooting clubs, and vendors of
books, clothing, hunting accessories, targets, gun parts and the
like.
Gun Shows & the First Amendment. Gun
shows are an important venue for those interested in the political
issues surrounding gun ownership. Attendees meet and share
information in order to work together to protect rights guaranteed by
the U.S. Constitution and the constitutions of 44 states. As such,
gun shows are an important part of the political process, an
important part of political speech protected by the First
Amendment.
Gun Shows and Federal Law. Federal gun laws
apply equally everywhere; there are no special exemptions for gun
shows. Under the Gun Control Act (1968), anyone who "engages in the
business" of selling firearms must be licensed, regardless of where
he does business. There is no such thing as an "unlicensed dealer,"
and dealing in guns without a license is a federal felony, punishable
by up to five years in prison and a $5,000 fine. In the Firearms
Owners Protection Act (1986), Congress specifically authorized
licensed firearms dealers to conduct business at gun
shows.
Many Federal laws place obstacles to criminals
getting guns. Under Federal law (and many state laws), felons,
illegal aliens, fugitives, drug addicts and several other classes of
"prohibited persons" are barred from possessing guns or ammunition.
It is also illegal to buy a gun for a prohibited person (called a
"straw purchase") or provide a gun to a prohibited person by any
other means. These are felony offenses punishable by 10 years in
prison and a fine of $10,000.
Gun Shows and the National Instant Check
System. Congress has provided tens of millions of dollars to
upgrade state criminal history records for entry into the National
Instant Check System (NICS), which is used to screen retail gun
purchasers. Federal law requires dealers to always screen gun
customers through NICS. They must do so at gun shows, just as they
would anywhere else.
Congress has specifically addressed gun sales
by people who are not dealers. Under Federal law, a person who is
not a dealer may sell a gun to another non-dealer for the purpose of
"improving or liquidating a personal firearms collection." This is
true wherever the sale occurs, and only a tiny percentage of such
sales occur at shows. As noted, however, to "engage in the business"
of dealing in firearms requires a federal license.
Few criminals get guns at gun shows. The
most recent Bureau of Justice Statistics (BJS) survey of imprisoned
felons found that less than 1% obtained guns from gun shows.
(Firearms Use by Offenders, Nov. 2001). The previous BJS
survey found that only 1.7% of federal prison inmates got their guns
from gun shows. (Federal Firearms Offenders, 1992-98, June
2000) An earlier National Institutes of Justice study found that less
than 2% obtained guns from shows. (Homicide in Eight U.S.
Cities, Dec. 1997) According to these reports, most criminals get
guns from theft or burglary, the black market, or friends and family
members. |