The McCain- Lieberman Instant Check Gun Show Bill

In the 107th Congress, the McCain-Lieberman Instant Check Gun Show Bill addressed the issue of prohibited buyers obtaining guns at gun shows. The bill, S. 890 (2002), stops criminals from evading a background check while respecting the rights of individuals who enjoy attending and purchasing firearms at public gun show events. Similar legislation is expected in the 108th Congress this year.

The highlights of the 2002 McCain-Lieberman bill include:

Requiring background checks at all gun shows and public events where at least 75 guns are available for sale;
Assisting states with the automation of their criminal history records (which will make all gun background checks faster and easier);
Completing 95% of background checks within 2 hours;
Making all background checks truly instant and accurate when states can show that a rapid check will not let criminals and other prohibited buyers get guns; and
Strengthening enforcement and increasing penalties for criminals who lie on background checks.

A Common Sense Definition of a Gun Show

McCain-Lieberman eliminates the confusing definition of previous bills and defines a gun show as any event where at least 75 guns are available for sale.
The bill corrects a flaw in previous bills and excludes from background checks the sale of a gun either from the seller’s home or to an immediate family member.

Instant Checks at Gun Shows

For the first 3 years, McCain-Lieberman 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 DoJ has certified that its records are sufficiently automated to prevent prohibited buyers from buying guns.
It also authorizes funding for states to improve their criminal history records to make background checks faster and more accurate than they are now.

Strengthening Enforcement and No Onerous Paperwork

McCain-Lieberman adds new penalties for those who lie or illegally evade a background check.
It adds funding for new federal law enforcement and smart gun technology.
It 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.

Home |