On
the federal level—
Limit gun show participation
to licensed dealers and step up enforcement of all existing requirements regarding
posting of license, recordkeeping, etc. This would eliminate confusion regarding
which sellers must complete the federal paperwork and abide by waiting periods
and background checks and would address the problem of licensees competing with
non-licensees by engaging in illegal transactions.
Require
that Federal Firearms License holders who participate at gun shows must notify
ATF when they engage in business away from their licensed premises, and require
that the location and date of the gun show and number and types of guns sold at
the show be reported to ATF. (This requirement could likely be promulgated by
ATF under current law.)
To facilitate the tracing
of firearms transferred at gun shows, require that all firearm sales at gun shows
be recorded on a separate version of the federal Form 4473. The form should include
the name, location, and date of the gun show. (This requirement could likely be
instituted by ATF administratively.)
Amend the definition
of "engaged in the business" to close the loophole that allows sales from a personal
collection in supposed "pursuit of a hobby." One option could be to disallow such
sales at gun shows altogether.
Grant ATF interim
powers such as license suspension, civil penalties, or offers of monetary settlement.
Currently, ATF's enforcement tools are limited to either revoking or failing to
renew a license.
Limit the type of weapons sold at
gun shows. Prohibitions on the sale of assault weapons, handguns, and weapons
regulated under the National Firearms Act (e.g. machine guns, silencers, sawed-off
rifles and shotguns), would reduce the shows' appeal to criminals and illegal
traffickers.
Strictly enforce the prohibitions on
the sale of U.S. military hardware at gun shows. In this area, gun show organizers
and promoters could play a key role in reducing distribution outlets for stolen
military material. Stepped up surveillance of shows by local, state, and federal
law enforcement targeting the sale of stolen military hardware is called for.
On the state or local level—
State
or local authorities could require that all sales made by private individuals
at gun shows be reported to local law enforcement agencies on a standardized form.
Communities could limit the number of gun shows held
in their areas. Reducing the volume of shows occurring each year would aid enforcement
authorities and reduce the opportunity for criminal trafficking.
State
and local authorities could also require certification of gun show organizers
and promoters. Requirements could include: keeping accurate records of all gun
show participants selling firearms; showing proof that the organization carries
adequate theft and liability insurance; and, showing proof that adequate steps
are being taken to ensure that all sellers are complying with applicable federal,
state, and local laws.
As on the federal level, the
type of weapons sold at gun shows could be limited by a state or community. Prohibitions
on the sale of assault weapons, handguns, and weapons regulated under the National
Firearms Act (e.g. machine guns, silencers, sawed-off rifles and shotguns), would
help reduce the shows' appeal to criminals and illegal traffickers.
