Gun Trafficking Prevention Act

[Spats McGee]

Right now, most of the laws regarding sales at gun shows are state laws. For example, in New York, private sales at gun shows are illegal. Through a sting, the NYAG demonstrated that NY law was sometimes being violated, so instead of toughening NY's already tough law, the NY crowd is just taking it national.

I don't think this law is going anywhere, but if it were to become law, it would impose FEDERAL law and regulations on all gun shows across the country.

Every firearm transaction is subject to both federal and state law. This is true whether the transaction happens at a gun show, Guns-R-Us, or in somebody's back 40 acres.

Whether this bill would mandate (or come close to mandating) background checks, at a federal level, on every firearm transfer is a different question.

 

[secret_agent_man]

...for a violation of subparagraph (A) or (B) of paragraph (1) of this subsection or a violation of paragraph (1)(D) of this subsection that relates to conduct specified in subparagraph (A) or (B) of paragraph (1) that the firearm at issue was transferred only after a background check on the actual buyer pursuant to section 922(t) indicated that the actual buyer’s receipt of the firearm would not violate section 922 (g) or or State law.

Huh?

That is as bad or worse than any IRS regulation.

 

[carguychris]

More potentially bad law...

SEC. 7. CRACKING DOWN ON HIGH-RISK GUN DEALERS.

Section 923 of title 18, United States Code is amended by adding the following:

‘(m)(1) At least once every year, the Attorney General shall identify licensed firearms dealers who have a heightened risk of firearms being diverted to criminal use based on criteria determined by the Attorney General which may include 2 or more of the following:

‘(A) Short time-to-crime for crime guns traced to a dealer.

‘(B) Incomplete crime gun trace results for firearms sold by a dealer.

‘(C) Significant or frequently reported firearm losses or thefts by a dealer.

‘(D) Violations of Federal firearms laws by a dealer.

‘(E) Any additional criteria determined by the Attorney General.

(emphasis mine)

The FFL has no conceivable way to control (A) other than perhaps relocating to a ritzy part of town and cherry-picking buyers. ("Sir, before we complete the sale, I will need a copy of your CHL, your college diploma, and a letter from your pastor attesting to your good character." )

(E) basically amounts to "I can use whatever criteria I want, just cause I say so, and if you don't like it, you can go thhhpt." <--- bronx cheer there

What's to prevent nearly every high-volume FFL from being labeled as "high risk"?

 

[kozak6]

The probe also revealed a loophole in the law that holds the individual gun seller legally accountable but not the gun show operator. The legislation would close the nation's "gun show loophole" and keep operators responsible

How many gun show loopholes are there?

 

[Don P]

Do we really need more gun laws on the federal and state level? Do we need to give the Feds another way to poke the camels nose under the tent. Please remember folks that we have a ANTI-GUN administration in DC. Just like the health care bill, once its passed and becomes law, then and only then will we find out what is in the bill. Does anyone think that there is nothing going on behind the doors of the White House with regards to guns? To believe so is being naive.

 

[Spats McGee]

How many gun show loopholes are there?

None.

 

[C0untZer0]

^ According to rep Hank Johnson, we have a loophole in "gunshow law" big enough to drive a space shuttle though.

If you listened to the committee hearing today on Federal Gun Smuggling Sting operation, Hank Johnson brought this up.

Given that we have a legislative body that passed H.R. 822, I don't think the Gun Trafficking Prevention Act is going to pass, but I do think Hank Johnson was referencing this legislation when he made his comments regarding what he called "The Gunshow Loophole."

 

[MTT TL]

What about "The ATF Selling to Drug Gangs" loophole? When are we going to close that one?

 

[Spats McGee]

^ According to rep Hank Johnson, we have a loophole in "gunshow law" big enough to drive a space shuttle though.

If you listened to the committee hearing today on Federal Gun Smuggling Sting operation, Hank Johnson brought this up.

Given that we have a legislative body that passed H.R. 822, I don't think the Gun Trafficking Prevention Act is going to pass, but I do think Hank Johnson was referencing this legislation when he made his comments regarding what he called "The Gunshow Loophole."

The "GSL" is an old standby of the anti-gun crowd. That crowd makes all sorts of claims about "X% of crime guns" being bought and sold at gun shows, and pretends that sales that take place at gun shows, for some inexplicable reason, don't follow the same laws that are in force everywhere else.

The reality, though, is that the GSL just doesn't exist. There's nothing in federal law that says gun shows are special, and nothing in state law, either, at least not in my state. If you buy a new gun from an FFL, whether at a gun show or their brick-and-mortar store, you have to fill out a 4473 and go through the NICS check. If there are additional state law requirements, you must abide by them. If you buy used from a private party, you'll have to comply with state law. GS sales are no different, legally, than any other sale.

I've also seen statistics somewhere (and I'll have to dig up a link or a document) that only a very small percentage of guns used in crimes are actually purchased at gun shows.