President Clinton Supports Closing "Gun Show Loophole"

By Ed Somers

In his weekly radio address on February 6, President Clinton called for action to ensure that all purchasers of firearms are subject to background checks and to stop the illegal sale of firearms at gun shows.

The issue of gun show regulation has been one of the major areas of concern raised by The U.S. Conference of Mayors through its Gun Violence Task Force.

It is estimated that 4,442 gun shows were held in 1998. There exists a loophole in federal law which allows non-licensed gun show participants to evade federal requirements that licensed gun dealers must comply with (identification checks, criminal background checks and the Brady waiting period, and record keeping requirements including multiple purchase forms).

The President's action came after he directed the Secretary of the Treasury and Attorney General to recommend what should be done to correct this loophole. Following the submission of written comments from a wide array of interested parties, including strong support from the Conference, the Administration released its report entitled, "Gun Shows: Brady Checks and Crime Gun Traces" which contains detailed recommendations for legislative and administrative changes to close the loophole.

In commenting on the report, the President said, "America cannot allow its gun shows to become illegal arms bazaars, where lawbreakers shop side-by-side with the law-abiding... The gun lobby may not want to hear this, but clearly it's the right thing to do."

This sentiment was echoed in the letter submitted by Conference President Mayor Deedee Corradini of Salt Lake City and Gun Violence Task Force Chair Mayor Edward Rendell of Philadelphia on December 8, 1998 which said, "The U.S. Conference of Mayors believes that this loophole must be closed, and that a mechanism be established to ensure that every person selling a weapon on the secondary market, either at a "gun show" or any other venue, comply with all federal statutory and regulatory requirements including age-sensitive identification checks and criminal background checks."

The specific recommendations contained in the Administration's report include:

• Define "gun show" to include specialized gun events, as well as flea markets and other markets at which 50 or more firearms, in total, are offered for sale by two or more persons.

• Require gun show promoters to register and notify the ATF of all gun shows and maintain records of vendors.

• Require that all firearms transactions at a gun show be completed through a licensed dealer so that background checks can be completed and records maintained.

• Require that all information necessary to trace all firearms be transferred at gun shows to the ATF's National Tracing Center. No information about either the unlicensed seller or the purchaser would be given to the government, as is current law.

• Provide additional resources to combat the illegal trade of firearms at gun shows.

Legislation is expected to be introduced by Rep. Rod Blagojevich (IL) and Sen. Frank Lautenberg (NJ) to help implement the findings of the report.