Ballot Intiatives - Bloomberg's New Gambit

[Frank Ettin]

What is the legal definition of a gun show? Is a trap shoot with 50 shooters where two guns are sold traded a gun show?...

See 18 USC 923(j):

(j) A licensed importer, licensed manufacturer, or licensed dealer may, under rules or regulations prescribed by the Attorney General, conduct business temporarily at a location other than the location specified on the license if such temporary location is the location for a gun show or event sponsored by any national, State, or local organization, or any affiliate of any such organization devoted to the collection, competitive use, or other sporting use of firearms in the community, and such location is in the State which is specified on the license....

An FFL may conduct business under his license only at the location specified in his license or at a temporary location which satisfies the criteria set out in that statute. So if the universal background check requirement relies on NICS checks being performed by FFLs, the locations at which such transactions take place will need to satisfy those 18 USC 923(j) criteria.

How that might work in connection with a law which simply requires a NICS check at a gun show will depend on how that law is written. An inartfully written law specifically saying only that a NICS check is required for any firearms transfer at a gunshow could wind up allowing private transfers without formalities at locations where an FFL could not conduct business. I doubt such a law would be written like that. It would not satisfy the purposes of the anti-gun crowd. That would be a loophole one could drive a truck through.

So looking at Glenn's comment in full:

....Seems to me from the discussion, that a mandated NICS at the gun show would be hard to oppose. Private sales if portrayed as major infringements of passing on family firearms would be easier to oppose. Exempting inheritance then woud remove this objection. Exempting short term loans at a range or in the field would get rid of some objections. ...

the way to deal with inheritance and lending issues would be to provide properly written exceptions to an otherwise universal background check rule.

Thus federal law has some exceptions under its interstate transfer laws for inheritance and temporary loans of a gun for lawful sporting purposes. For another example, California firearms transfer laws (which has had a universal background check requirement for many years) expressly provide exceptions from the FFL transfer requirements for (1) inheritance from certain family members; (2) short term loans to family; and (3) short term loans as long as the owner is present.

 

[Old Bill Dibble]

I guess they could just delete paragraph (j) and no more gun show. That will close the "loophole" forever and everybody else can just go back to whatever they were doing before that.

 

[Glenn E. Meyer]

One of the big LGS in San Antonio opposed allowing gun shows in the city. Why - it was bad for their business as they sold at MSRP. They took out ads arguing all the gun show cliches at the time.

They weren't particularly nice either - arrogant, loaded with good ol' boy attitude.

 

[Old Bill Dibble]

Thats weird. Around here most of the LGS's send a crew to area gun shows to expand their base and sell off their slow moving items that all the local customers have passed on.

 

[Old Bill Dibble]

Here is some light analysis from Reuters as well as other gun measures on the ballot in different states.

http://www.reuters.com/article/us-usa-election-guns-idUSKBN13317Q

 

[Mainah]

Bloomberg got his ballot stuffed in Maine, down in flames. We also approved a higher minimum wage, a tax increase, and legal recreational pot via referendum. We're living in an interesting time.