Gun Shows

Gun shows are events dedicated to the sale and display of firearms and firearm-related accessories and paraphernalia.  In January of 1999, the Department of the Treasury, Department of Justice and Bureau of Alcohol, Tobacco and Firearms (ATF), published the results of a comprehensive five-year study of gun shows in this country. That study, Gun Shows: Brady Checks and Crime Gun Traces, found that more than 4,000 gun shows are held each year nationwide.  In addition, the study found that: 1) most gun shows are held in public arenas, such as civic centers, fairgrounds and armories; 2) the number of tables at shows ranges from 50 to 2,000; and 3) most shows occur over a two-day period, usually on weekends, and attract an average of 2,500-5,000 people.

The study also found that 25 to 50 percent of the vendors at gun shows are unlicensed.  Because federal law does not require unlicensed sellers to conduct background checks on prospective gun purchasers (or to document firearm sales in any manner), ATF found it "hardly surprising" that gun shows provide a forum for illegal firearm sales and trafficking nationwide:

Together, the ATF investigations paint a disturbing picture of gun shows as a venue for criminal activity and a source of firearms used in crime.  Felons, although prohibited from acquiring firearms, have been able to purchase firearms at gun shows.  In fact, felons buying or selling firearms were involved in more than 46 percent of the investigations involving gun shows.  In more than a third of the investigations, the firearms involved were known to have been used in subsequent crimes.  These crimes included drug offenses, felons in possession of a firearm, assault, robbery, burglary, and homicide.  

Id. at p. 7.

In June of 2000, ATF published a study of gun trafficking entitled Following the Gun: Enforcing Federal Laws Against Firearm Traffickers.  That study analyzed 1,530 trafficking investigations during the period July 1996 through December 1998, and concluded that gun shows were a "major trafficking channel," associated with approximately 26,000 illegally diverted firearms.  The investigations involved both licensed and unlicensed sellers.

Gun shows have also been the source of firearms used in several tragic shootings, including that which occurred at Columbine High School in Colorado.  In addition, notorious criminals such as Oklahoma City bomber Timothy McVeigh frequently bought and sold firearms at gun shows.  Violence Policy Center, Gun Shows in America: Tupperware Parties for Criminals (1996).

Federal law does not regulate gun shows.  It does, however, regulate the activities of federally licensed firearms dealers at such shows.  Federal law defines the term "gun show" as a "function sponsored by any national, State, or local organization, devoted to the collection, competitive use, or other sporting use of firearms, or an organization or association that sponsors functions devoted to the collection, competitive use, or other sporting use of firearms in the community."  27 C.F.R. 178.100(b).    

Prior to 1984, ATF had interpreted the Gun Control Act of 1968 (GCA) to permit dealers to display firearms at gun shows, but require that sales be processed at the dealers' permanent business premises.  In 1984, however, ATF issued a regulation allowing licensees to temporarily conduct business at gun shows located in the same state as their licensed premises.  In 1986, Congress codified that regulation as part of the McClure-Volkmer Act (also known as the "Firearms Owner's Protection Act").  18 U.S.C. § 923(j).  As a result, gun shows began to flourish in this country.  Gun Shows in America: Tupperware Parties for Criminals, supra. 

The McClure-Volkmer Act changed federal law in another significant way.  Although the GCA requires those "engaged in the business" to obtain a federal firearms license, Congress originally did not provide a definition of that term.  The McClure-Volkmer Act amended the GCA to define "engaged in the business" to specifically exclude persons who make "occasional sales, exchanges or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sell all or part of his personal collection of firearms."  18 U.S.C. § 922 (a)(21)(C).  Thus, the Act also increased the opportunities for unlicensed persons to buy and sell firearms at gun shows and elsewhere.

According to ATF, because the background check provisions of the 1993 Brady Act do not apply to private sellers, the "effect of the 1986 amendments has often been to frustrate the prosecution of unlicensed dealers masquerading as collectors or hobbyists but who are really trafficking firearms to felons or other prohibited persons."  Gun Shows: Brady Checks and Crime Gun Traces, supra. 

In light of the serious problems associated with gun shows, ATF has recommended, among other things, that: 1) the private sale (or "gun show") loophole in federal law be closed so that all sales at a gun show must be processed through a dealer; 2) the definition of "gun show" be broadened to include flea markets, swap meets and similar venues where guns are sold; 3) the definition of "engaged in the business" be reconsidered  to better identify and prosecute gun traffickers and suppliers of guns to criminals; and 4) the federal government commit additional resources to combat the illegal trade of firearms at gun shows.  Id.

Although the majority of  states follow federal law, some have closed the private sale loophole or otherwise begun to regulate gun shows.  In 2000, Colorado and Oregon passed ballot measures to require background checks on gun show purchasers.  Some states, such as California, require that all firearm sales - whether they occur at a gun show or elsewhere - be processed through a licensed dealer.  

In April of 2001, Americans for Gun Safety published a report entitled No Questions Asked: Background Checks, Gun Shows and Crime.  That report found, on the basis of ATF crime data for crimes committed in 1999, that states without gun show background check requirements are supplying the nation with crime guns.  Specifically, the report found that:

• Nine of the ten states that supply the most crime guns to out-of-state criminals do not require background checks at gun shows; and

• Nearly half of the guns traced to crimes committed in states that require gun show background checks were originally purchased in other states (as compared to less than a quarter of guns traced to crimes committed in states that do not require background checks).

In 1999, California adopted legislation to increase oversight at gun shows.  That law requires, among other things, that gun show promoters: 1) notify the Department of Justice and local law enforcement of upcoming shows and proposed security plans for those shows; 2) certify that they will comply with all applicable federal, state and local laws; 3) obtain liability insurance in an amount of not less than $1 million; 4) ensure that all firearms brought into the shows are cleared of ammunition and tagged for identification purposes; and 5) prohibit anyone under the age of 18 from attending unless accompanied by a parent, grandparent or legal guardian.

Some local governments in California are also beginning to regulate activities at gun shows, either directly or indirectly.  Los Angeles County, for example, adopted an ordinance in 1999 to prohibit the sale of firearms and ammunition on county-owned property, including the County Fairgrounds.  The ordinance was adopted after a Department of Justice sting operation at a gun show held on the Fairgrounds revealed that agents were able to buy numerous illegal weapons and accessories, including assault weapons, a rocket launcher with projectile and several machine gun conversion kits.  The firearms were immediately delivered to the agents in violation of state laws requiring background checks and a 10-day waiting period.  

In 1999 Alameda County adopted an ordinance banning the possession of firearms and ammunition on county-owned property.  That ordinance was adopted in response to a mass shooting at the Alameda County Fairgrounds that occurred during a County Fair on July 4, 1998. 

On April 22, 2002, the California Supreme Court issued decisions rejecting legal challenges to the Los Angeles County and Alameda County ordinances, holding that state law does not preempt the ordinances. Great Western Shows, Inc. v. County of Los Angeles (2002) 27 Cal. 4th 853 and Nordyke v. King (2002) 27 Cal. 4th 875. For more information about the Supreme Court decisions, see the California State Preemption section.

Although the California Supreme Court resolved the preemption claims raised by the Great Western and Nordyke cases, remaining First Amendment claims kept both actions alive in federal court.  In February 2003, Los Angeles County settled the federal claims in the Great Western case, keeping the county’s sales ban intact.  As a condition of that settlement, Great Western agreed not to hold any further gun shows at the County Fairgrounds.  In Nordyke, the Ninth Circuit rejected the plaintiffs’ First Amendment and (belatedly added) Second Amendment claims.  See Nordyke v. King, 319 F.3d 1185 (9^th Cir. 2003).

Marin County also regulates gun shows.  In July of 2000, the Marin County Board of Supervisors adopted a resolution requiring gun show promoters to pay for the training and presence of law enforcement officers at gun shows held on county property.  The Sheriff's Department is responsible for determining the number of officers necessary to ensure public safety and weapons accountability at each show.  Under current federal and state law, no law enforcement agency is specifically charged with ensuring the legality or safety of gun show activities.

In April of 2003, Marin County adopted an Alameda-county style ordinance prohibiting the possession of firearms and ammunition on county-owned property.  San Mateo and Sonoma Counties have adopted similar ordinances.

Several jurisdictions in Illinois, including Chicago, Cook County and Grayslake, have also imposed regulations on gun shows.

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