Congress Looking at Gun Show Loophole Legislation

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WASHINGTON --- The House Judiciary Committee will host a forum next Wednesday on legislation to close the loophole that allows private sellers of firearms to bypass Brady background checks at gun shows.  Such private sales without checks are a way for convicted felons or dangerously mentally ill persons to arm themselves.

A bill to close the gun show loophole, introduced by Representatives Carolyn McCarthy (D-NY) and Michael Castle (R-DE), has more than 100 cosponsors.

Law enforcement experts testifying include former Virginia State Police Superintendent Col. Gerald Massengill and Jerry Nunziato former Director of the National Tracing Center of the federal Bureau of Alcohol, Tobacco, Fireams & Explosives (ATF).  Gun violence survivors testifying include Tom Mauser, whose son, Daniel, was killed at Columbine High School in Colorado in 1999; Virginia Tech shooting victim Colin Goddard, who last year visited gun shows with a hidden camera to record transactions without background checks; and Kenny Barnes, a Washington, D.C. activist whose son was shot by a robber.

The Congressional Forum will be at 2 PM Wednesday, July 14, in Room 2226 of the Rayburn House Office Building.

The Brady Law requires criminal background checks of gun buyers at federally licensed gun dealers, but since unlicensed sellers are not required to do background checks, this loophole causes particular problems at gun shows which give these unlicensed sellers a guaranteed venue. In most states convicted felons, domestic violence abusers, and those who are dangerously mentally ill can walk into any gun show and buy weapons from unlicensed sellers, who operate week-to-week with no established place of business, without being stopped, no questions asked.

Eric Harris and Dylan Klebold used two shotguns, an assault rifle and a TEC-9 assault pistol to shoot 26 students at Columbine, killing 13. All four guns came from gun show sales. Their friend, Robyn Anderson, bought three of the guns for them from unlicensed sellers at a gun show. After the massacre, Ms. Anderson stated that had she been required to undergo a background check, she would not have purchased the guns.

“Allowing dangerous people such as convicted felons and domestic abusers to buy guns at gun shows from unlicensed sellers without a Brady criminal background check threatens the safety of our families and communities,” said Paul Helmke, President of the Brady Campaign to Prevent Gun Violence.

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mhphoto's picture

As a law abiding citizen I should be able to sell any of my guns to another law abiding citizen who I know is legally fit to own a gun. I would never sell a gun to anyone who I either didn't know or had any reason (ANY reason) to suspect would use the gun in an illegal way.

But here's the thing, even if the "gun show loophole" is closed, it's not going to stop the people who DO sell guns to people they know are going to use them illegally (or people who would otherwise be unable to purchase one legally through an FFL) from doing so.

Just like criminals don't obey concealed carry laws , gun-free-zone laws, so called "high capacity" magazine laws, anti hollow point bullet laws, and laws dictating what the gun looks like (see 1994 AWB), they are sure as hell not going to be swayed by a law banning private sales of guns, which to them is merely an arbitrary show of the political "hey look at me" game.

JohnH's picture

Ms. Anderson would also have been able to pass any background check run on her. As well, the young men had made bombs that failed to detonate. Had Ms. Anderson not purchased those guns , the fact they had made bombs fully indicates they would have found other means to get them, and any laws against what they were doing were being ignored. What Columbine is really evidence of is that those who are intent on commiting a crime will do so, regardless of what the law says.

I'll lay odds of better than 90% that the gun used in the murder of Kenny Barnes son was stolen. As to private sales recorded a gun shows , it's legal stupid

Dannytheman's picture

I think you should be looking in the mirror.

Brady Center to Prevent Gun Violence (Brady Center) does not meet the following 6 Standards for Charity Accountability.

Standard 1: Oversight of Operations and Staff - Organizations shall have a board of directors that provides adequate oversight of the charity's operations and its staff. Indication of adequate oversight includes, but is not limited to, regularly scheduled appraisals of the CEO's performance, evidence of disbursement controls such as board approval of the budget , fund raising practices, establishment of a conflict of interest policy, and establishment of accounting procedures sufficient to safeguard charity finances.

Brady Center does not meet this Standard because its board of directors does not:

* Have a voting member of the board who is assigned the responsibility of serving as the treasurer. In general, the board’s treasurer helps provide independent oversight of the organization’s finances.

Standard 4: Compensated Board Members - Not more than one or 10% (whichever is greater) directly or indirectly compensated person(s) serving as voting member(s) of the board. Compensated members shall not serve as the board's chair or treasurer.

Brady Center does not meet this Standard because:

* 2 members out of the 19 member board of directors (11%) are compensated directly.

Standard 6: Board Policy on Effectiveness - Have a board policy of assessing, no less than every two years, the organization's performance and effectiveness and of determining future actions required to achieve its mission.

Brady Center does not meet this Standard because:

* Its effectiveness assessment policy does not specify that this assessment will take place at least once every two years.

Standard 7: Board Approval of Written Report on Effectiveness - Submit to the organization's governing body, for its approval, a written report that outlines the results of the aforementioned performance and effectiveness assessment and recommendations for future actions.

Brady Center does not meet this Standard because:

* It did not produce a written report outlining the results of its most recent effectiveness assessment.

Standard 17: Web Site Disclosures - Include on any charity websites that solicit contributions , the same information that is recommended for annual reports, as well as the mailing address of the charity and electronic access to its most recent IRS Form 990.

Brady Center does not meet this Standard because the organization's website , www.bradycenter.org , does not include all of the recommended information for those charity websites that solicit for donations . Specifically, it does not include:

* Electronic access to the organization’s most recent IRS Form 990.

Standard 18: Privacy for Written Appeals & Internet Privacy - Address privacy concerns of donors by (a) providing in written appeals, at least annually, a means (e.g., such as a check off box) for both new and continuing donors to inform the charity if they do not want their name and address shared outside the organization, (b) providing a clear, prominent and easily accessible privacy policy on any of its websites that tells visitors (i) what information, if any, is being collected about them by the charity and how this information will be used, (ii) how to contact the charity to review personal information collected and request corrections, (iii) how to inform the charity (e.g., a check off box) that the visitor does not wish his/her personal information to be shared outside the organization, and (iv) what security measures the charity has in place to protect personal information.

Brady Center does not meet this Standard because the privacy policy on this website, www.bradycenter.org does not indicate:

* What security measures are in place to protect personal information that is collected.

Nivarion's picture

Really yall. Less than 1% of crime guns are bought in a gun show.

Or so says the FBI. But what do they know, you're the Brady campain! All knowing gun grabbers of the universe.

The same group that claims that gun owners are a murderous bunch, who will shoot you over a parking space . And yet you insist on slandering them constantly.

Makes me believe you don't actually buy any of the garbage you're selling.

In fact, Seeing how as you keep going after the popular self defense arms and venues, while leaving the popular crime arms and venues alone, almost suggests that you guys are actually just fighting for your job security .

rkm's picture

You are saying that it is the fault of gun shows , not exactly. The real problem was that their friend bought them the guns and broke the law herself by giving the weapons to minors. Another example of not attacking the real problem. Robyn is the one to blame for the guns, not a gun show.

The same concept happens every day as it is. How many times a day does someone purchase alcohol for minors and they go out drinking and driving and kill other people. By that logic, cars and alcohol should be to blame instead of personal responsibility.

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