McCain-Reed-DeWine-Lieberman Instant Check Gun Show Bill
(S. 1807, 2003)

In the 108th Congress, S.1807 addresses the issue of illegal buyers obtaining firearms at gun shows. The bill stops criminals from evading a background check while respecting the rights of individuals who enjoy attending and purchasing firearms at public gun show events. The bi-partisan legislation was introduced October 31st by Senators McCain, Reed, DeWine, and Lieberman, and is similar to legislation introduced in the 107th Congress (S.890, 2001).

S. 1807 will:

• Require background checks at all gun shows and public events where at least 75 guns are available for sale;
• Complete 91% of background checks in 3 minutes and 95% of background checks within 2 hours;
• Allow states to speed up instant checks when states can prove that a rapid check will not let criminals and other prohibited buyers get guns;

A Common Sense Definition of a Gun Show

The McCain-Reed bill defines a gun show as any event where at least 75 guns are available for sale.

The bill excludes from background checks the sale of a gun either from the seller’s home, from a yard sale, or estate sale, or between members of non-profit hunting clubs. It also excludes background checks for sales between immediate family members.

Instant Checks at Gun Shows

Today, 91% of background checks are completed within 3 minutes. Still, about 5% of the checks take longer than one day. For the first 3 years, McCain-Reed allows for a full 3 business days to complete the background check at gun shows. After 3 years, states may reduce background checks between private buyers and sellers at gun shows to 24 hours, once the U.S. Department of Justice has certified that its records are sufficiently automated to prevent prohibited buyers from buying guns.

Strengthening Enforcement and No Onerous Paperwork

• The McCain-Reed bill adds new penalties for those who lie or illegally evade a background check.
• The bill adds funding for new federal law enforcement and smart gun technology.
• S. 1807 requires special licensees who conduct background checks at gun shows to maintain the same records that licensed gun stores keep, but it does not require private buyers or sellers to keep records.

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MYTHS AND FACTS

Myth#1: “There is no ‘gun show loophole.’” The truth is that licensed firearms dealers at gun shows must perform background checks on prospective firearms buyers, but unlicensed sellers do not. It is because of this loophole that gun shows are the second leading source of firearms recovered in illegal gun trafficking operations, according to an ATF report called Following the Gun: Enforcing Federal Laws Against Firearms Traffickers. Perhaps that is why Attorney General John Ashcroft said in congressional testimony that “this Administration does support closing the gun show loophole.”

Myth#2: “A tour of any gun show demonstrates that the overwhelming majority of guns offered for sale are from federally licensed dealers.” This contradicts a statement made by former NRA executive director James Jay Baker in a letter he wrote to Congress in 2001 in which he states that unlicensed firearm sales at gun shows represent “hundreds of thousands of additional transactions each year.”

Myth#3: McCain-Reed-DeWine-Lieberman “would give any Second Amendment-hating Attorney General the power to effectively shut down gun shows.” There is no supporting evidence for this assertion. Under this bill, gun show operators must only notify the Attorney General of their intention to hold a gun show at a particular time and place, and they must provide the Attorney General a list of all vendors of firearms. The Attorney General has no power to prevent a gun show from operating and cannot charge a fee.

Myth#4: “McCain-Reed creates gun owner registration.” There is no basis for this assertion. There are no new record keeping requirements for licensed dealers or unlicensed sellers. Those performing background checks for unlicensed sellers must maintain the exact same records now required of licensed sellers. Firearms vendors at gun shows are not required to identify the make, model, or the total number of firearms that they are offering for sale.

Myth#5: “McCain-Reed turns casual conversations into ‘firearm transactions.’ A person who sees a gun offered for sale at a gun show, decides against buying it, then months or even years later changes his mind and contacts the seller, would still be subject to the background check requirement.” The actual language in the bill makes it clear that “casual conversation” is not a firearm transaction. The term firearm transaction “includes the sale, offer for sale, transfer, or exchange of a firearm; and does not include the mere exhibition of a firearm.”

Myth#6: “McCain-Reed imposes limitless regulations. The phrase ‘in accordance with regulations promulgated by the Attorney General’ and similar language occurs throughout the bill.” This is standard, technical legislative language. The bill clearly states what the Attorney General may and may not require of gun show operators. The Attorney General is appropriately limited in what it may ask from gun show operators -- namely the date and location of each gun show event and the list of firearms vendors attending the event. They may not ask about the number and name of attendees, the number and types of firearms offered for sale, the number and types of firearms sold at the event, or the names or any other identifying characteristic of buyers of firearms at gun shows.

Myth#7: “McCain-Reed requires unnecessary new bureaucracy creating ‘special firearms event operators,’ ‘special firearms event vendors,’ and ‘special firearms event licensees.’” All of these definitions are designed to delineate gun show sales and other private sales that would not be regulated under this bill. For example, there is no definition of a gun show in current law. In order to capture only gun shows and not sales from the home, yard sales, estate sales, hunt clubs, and between family members, the bill creates a reasonable and rational definition of a gun show and calls it a “special firearms event.” “Operators” are those who run the event. “Vendors” are those who sell at the event. “Licensees” are those who may perform background checks for unlicensed sellers to help facilitate sales – this has been supported by the NRA in previous bills.

Myth#8: “McCain-Reed does not provide for true instant checks, and its ’24-hour’ wait is a smokescreen.’” Right now, 91% of background checks are completed within three minutes and 95% within two hours – in other words, 19 of 20 checks are instant at this moment. The bill allows checks to be concluded even more quickly once a state improves it criminal history records (95% automation dating back 30 years).

Myth#9: ”McCain-Reed gives no priority to gun show checks.” The bill treats background checks at gun shows and background checks at gun stores exactly the same.

Myth#10: McCain-Reed “provides no funding for criminal history updates.” S. 1706, legislation cosponsored by Senators Larry Craig, Chuck Schumer, Orrin Hatch, Ted Kennedy, John McCain, Blanche Lincoln, Lincoln Chafee, and Mike DeWine is moving separately to provide grants and incentives to states to improve the NICS. This bill is supported by groups on all sides of the gun issue.

Myth#11: “McCain-Reed ignores the facts – multiple federal government studies prove gun shows are not a source of ‘crime guns.’” This is outdated information. For example, the Bureau of Justice Statistics study, which found “only 1.7% of federal prison inmates obtained their gun from a gun show”, was based on a 1997 survey of prison inmates. However, the gun show loophole did not exist until 1994 when the Brady law created a different standard on background checks between gun shows and gun stores. Any criminal in prison before 1994 or who had acquired a firearm before 1994 would not need to exploit the gun show loophole. In addition, ATF has named gun shows the second leading source of firearms recovered in illegal gun trafficking operations.

(Source: Americans for Gun Safety)

Logo Illustration ©2002, Mary Garner-Mitchell