press@gunsafe.org wrote:
>
> >From David Kopel at the Independence Institute.
>
> The Truth about Gun Shows
>
> By Dave Kopel
>
> "Close the gun show loophole" demands Handgun Control, Inc. The major
> obstacle to Congress complying with HCI's wishes appears to be the
> desire of
> many Democrats to preserve gun shows as a campaign issue in the 2000
> election. But if the voters learn the facts about gun shows, they will
> discover that there is no gun show loophole, no gun show crime problem,
> and
> no reason to adopt federal legislation whose main impact would be to
> infringe First and Second Amendment rights.
>
> Despite what some media commentators have claimed, existing gun laws
> apply
> just as much to gun shows as they do to any other place where guns are
> sold.
> Ever since 1938, persons engaged in the business of selling firearms have
> been required to obtain a federal firearms license. If a dealer sells a
> gun
> from a storefront, from a room in his home, or from a table at a gun
> show,
> the rules are exactly the same: he must call the FBI and get
> authorization
> for the sale, after the FBI runs its "instant" background check (which
> often
> takes days to complete). As a result, firearms are the most severely
> regulated consumer product in the U.S.-the only product for which FBI
> permission is required for every single sale.
>
> Conversely, people who are not engaged in the business, but who sell
> firearms from time to time (like a man who sells a spare hunting rifle to
> his brother-in-law), are not required to obtain the federal license for
> gun
> dealers, or to call the FBI before completing the sale.
>
> Similarly, if a gun collector dies and his widow wants to sell the guns,
> she
> does not need a federal firearms license because since she is just
> selling
> off inherited property and is not "engaged in the business." And if the
> widow doesn't want to sell her deceased husband's guns by taking out a
> classified ad in the newspaper, it is lawful for her to rent a table a
> gun
> show, and sell the entire collection in a weekend or two.
>
> If you walk the aisles at any gun show, you will find that the
> overwhelming
> majority of guns offered for sale are from licensed federal dealers. Guns
> sold by private individuals (such as gun collectors getting rid of a gun
> or
> two over the course of the weekend) are the distinct minority.
>
> Yet HCI claims that "25-50 percent of the vendors at most gun shows are
> unlicensed dealers." This statistic is true only if one counts vendors
> who aren't selling guns (e.g., vendors who are selling books, clothing,
> or
> accessories) as "unlicensed dealers."
>
> Denver Congresswoman Diana DeGette says that 70% of crime guns come from
> gun
> shows. The true figure is rather different, according to the National
> Institute of Justice (NIJ), the research arm of the U.S. Department of
> Justice. According to an NIJ study released in December 1997 ("Homicide
> in
> Eight U.S. Cities," a report which covers much more than homicide), only
> 2%
> of criminal guns came from gun shows.
>
> This result is consistent with a mid-1980s study for the NIJ,
> investigating
> the gun purchase and use habits of convicted felons in 12 state prisons.
> The
> study (later published as the book Armed and Considered Dangerous) found
> that gun shows were such a minor part of criminal gun acquisition that
> they
> were not even worth reporting as a separate figure.
>
> At the most recent meeting of the American Society of Criminology, a
> study
> of youthful offenders in Michigan found that only 3% had acquired their
> last
> handgun via a gun show. (Of course some criminal gun acquisition at gun
> shows is perpetrated by "straw purchasers" who are legal gun buyers who
> are
> acting as surrogates for the criminal who wants the gun. Straw purchases
> have been federal felonies since 1968.)
>
> And according to a report by the educational arm of HCI, the group's own
> survey of major-city police chiefs found only 2 out of 48 who said that
> guns
> from gun shows (both "legal and illegal sales" according to the
> questionnaire) were an important problem in their city.
>
> Although the horrible murders at Columbine High School have energized
> anti-gun activists, no proposed federal law would have made any
> difference.
>
> The adults who supplied the Columbine murder weapons (Robin Anderson and
> Mark Manes) were legal purchasers.
>
> Since gun shows take place entirely within the boundaries of a single
> state,
> Congress has no legitimate constitutional basis, under its "interstate
> commerce" power, to attempt to control gun shows.
>
> Nevertheless, both houses of Congress have passed gun show legislation.
> The
> House bill does only what the gun control advocates claim to want:
> imposing
> federal background checks on personal sales at gun shows.
>
> The Senate version-passed 51-50 thanks to Vice-President Gore-goes much
> further, and sets the stage for gun shows to be destroyed. The Senate
> bill
> gives the Secretary of the Treasury nearly unlimited power to regulate
> gun
> show sales.
>
> In the past, Treasury has abused its administrative authority over
> firearms
> to ban certain guns, so similar treatment for gun shows can be expected.
> For
> example, the Treasury banned the import of various rifles which were
> popular
> with competitive target shooters. Although a federal statute specifically
> orders Treasury to allow the import of "sporting" firearms, Treasury
> claimed
> that only firearms which were recommended by hunting guides were
> "sporting."
>
> The Senate version also imposes a tax on gun show promoters, and allows
> the
> Secretary of the Treasury unlimited power in setting the tax level. One
> can
> bet that in this case, the power to tax really will be the power to
> destroy.
>
> Gun shows are huge gathering points for people who are interested in
> Second
> Amendment issues. Gun rights groups frequently set up booths at gun
> shows to
> distribute literature and to recruit members. Gun shows are places where
> Americans properly exercise their First and Second Amendment rights, and
> neither gun show patrons nor vendors deserve the mean-spirited campaign
> of
> abuse to which they have been subjected.
>
> Dave Kopel is Research Director at the Independence Institute, a civil
> liberties think tank in Golden, CO http://i2i.org
>
> This article, from the Independence Institute staff, fellows and research
> network, is offered for your use at no charge. Independence Feature
> Syndicate articles are published for educational purposes only, and the
> authors speak for themselves. Nothing written here is to be construed as
> necessarily representing the views of the Independence Institute or as an
> attempt to influence any election or legislative action.
>
> Please send comments to Editorial Coordinator, Independence Institute,
> 14142
> Denver West Pkwy., Suite 185, Golden, CO 80401 Phone 303-279-6535 (fax)
> 303-279-4176 (email)webmngr@i2i.org
>
> >From David Kopel at the Independence Institute.
>
> The Truth about Gun Shows
>
> By Dave Kopel
>
> "Close the gun show loophole" demands Handgun Control, Inc. The major
> obstacle to Congress complying with HCI's wishes appears to be the
> desire of
> many Democrats to preserve gun shows as a campaign issue in the 2000
> election. But if the voters learn the facts about gun shows, they will
> discover that there is no gun show loophole, no gun show crime problem,
> and
> no reason to adopt federal legislation whose main impact would be to
> infringe First and Second Amendment rights.
>
> Despite what some media commentators have claimed, existing gun laws
> apply
> just as much to gun shows as they do to any other place where guns are
> sold.
> Ever since 1938, persons engaged in the business of selling firearms have
> been required to obtain a federal firearms license. If a dealer sells a
> gun
> from a storefront, from a room in his home, or from a table at a gun
> show,
> the rules are exactly the same: he must call the FBI and get
> authorization
> for the sale, after the FBI runs its "instant" background check (which
> often
> takes days to complete). As a result, firearms are the most severely
> regulated consumer product in the U.S.-the only product for which FBI
> permission is required for every single sale.
>
> Conversely, people who are not engaged in the business, but who sell
> firearms from time to time (like a man who sells a spare hunting rifle to
> his brother-in-law), are not required to obtain the federal license for
> gun
> dealers, or to call the FBI before completing the sale.
>
> Similarly, if a gun collector dies and his widow wants to sell the guns,
> she
> does not need a federal firearms license because since she is just
> selling
> off inherited property and is not "engaged in the business." And if the
> widow doesn't want to sell her deceased husband's guns by taking out a
> classified ad in the newspaper, it is lawful for her to rent a table a
> gun
> show, and sell the entire collection in a weekend or two.
>
> If you walk the aisles at any gun show, you will find that the
> overwhelming
> majority of guns offered for sale are from licensed federal dealers. Guns
> sold by private individuals (such as gun collectors getting rid of a gun
> or
> two over the course of the weekend) are the distinct minority.
>
> Yet HCI claims that "25-50 percent of the vendors at most gun shows are
> unlicensed dealers." This statistic is true only if one counts vendors
> who aren't selling guns (e.g., vendors who are selling books, clothing,
> or
> accessories) as "unlicensed dealers."
>
> Denver Congresswoman Diana DeGette says that 70% of crime guns come from
> gun
> shows. The true figure is rather different, according to the National
> Institute of Justice (NIJ), the research arm of the U.S. Department of
> Justice. According to an NIJ study released in December 1997 ("Homicide
> in
> Eight U.S. Cities," a report which covers much more than homicide), only
> 2%
> of criminal guns came from gun shows.
>
> This result is consistent with a mid-1980s study for the NIJ,
> investigating
> the gun purchase and use habits of convicted felons in 12 state prisons.
> The
> study (later published as the book Armed and Considered Dangerous) found
> that gun shows were such a minor part of criminal gun acquisition that
> they
> were not even worth reporting as a separate figure.
>
> At the most recent meeting of the American Society of Criminology, a
> study
> of youthful offenders in Michigan found that only 3% had acquired their
> last
> handgun via a gun show. (Of course some criminal gun acquisition at gun
> shows is perpetrated by "straw purchasers" who are legal gun buyers who
> are
> acting as surrogates for the criminal who wants the gun. Straw purchases
> have been federal felonies since 1968.)
>
> And according to a report by the educational arm of HCI, the group's own
> survey of major-city police chiefs found only 2 out of 48 who said that
> guns
> from gun shows (both "legal and illegal sales" according to the
> questionnaire) were an important problem in their city.
>
> Although the horrible murders at Columbine High School have energized
> anti-gun activists, no proposed federal law would have made any
> difference.
>
> The adults who supplied the Columbine murder weapons (Robin Anderson and
> Mark Manes) were legal purchasers.
>
> Since gun shows take place entirely within the boundaries of a single
> state,
> Congress has no legitimate constitutional basis, under its "interstate
> commerce" power, to attempt to control gun shows.
>
> Nevertheless, both houses of Congress have passed gun show legislation.
> The
> House bill does only what the gun control advocates claim to want:
> imposing
> federal background checks on personal sales at gun shows.
>
> The Senate version-passed 51-50 thanks to Vice-President Gore-goes much
> further, and sets the stage for gun shows to be destroyed. The Senate
> bill
> gives the Secretary of the Treasury nearly unlimited power to regulate
> gun
> show sales.
>
> In the past, Treasury has abused its administrative authority over
> firearms
> to ban certain guns, so similar treatment for gun shows can be expected.
> For
> example, the Treasury banned the import of various rifles which were
> popular
> with competitive target shooters. Although a federal statute specifically
> orders Treasury to allow the import of "sporting" firearms, Treasury
> claimed
> that only firearms which were recommended by hunting guides were
> "sporting."
>
> The Senate version also imposes a tax on gun show promoters, and allows
> the
> Secretary of the Treasury unlimited power in setting the tax level. One
> can
> bet that in this case, the power to tax really will be the power to
> destroy.
>
> Gun shows are huge gathering points for people who are interested in
> Second
> Amendment issues. Gun rights groups frequently set up booths at gun
> shows to
> distribute literature and to recruit members. Gun shows are places where
> Americans properly exercise their First and Second Amendment rights, and
> neither gun show patrons nor vendors deserve the mean-spirited campaign
> of
> abuse to which they have been subjected.
>
> Dave Kopel is Research Director at the Independence Institute, a civil
> liberties think tank in Golden, CO http://i2i.org
>
> This article, from the Independence Institute staff, fellows and research
> network, is offered for your use at no charge. Independence Feature
> Syndicate articles are published for educational purposes only, and the
> authors speak for themselves. Nothing written here is to be construed as
> necessarily representing the views of the Independence Institute or as an
> attempt to influence any election or legislative action.
>
> Please send comments to Editorial Coordinator, Independence Institute,
> 14142
> Denver West Pkwy., Suite 185, Golden, CO 80401 Phone 303-279-6535 (fax)
> 303-279-4176 (email)webmngr@i2i.org
), and mention the family atmosphere as well.