Gun Show Loophole Facts

Omar Samaha:
Brother of Virginia Tech victim
"My sister Reema was shot and killed at Virginia Tech by someone who was able to acquire guns because of a major gap in gun background checks. Ever since, I have been working to fix problems with America’s gun background check system -- and the gun show loophole is the most outrageous gap. It’s time for state legislatures and Congress to step and require background checks for all sales at guns shows."

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The Gun Show Loophole is a dangerous gap in the law that enables criminals and other prohibited purchasers to buy guns without undergoing a background check. This is because people who say they only occasionally sell guns are not required to conduct background checks when they sell guns. These sellers, who often congregate at gun shows, are allowed to just hand over the gun and accept the money. That's it -- no check, no questions.

FACT: Gun sellers who claim to be "occasional sellers" are not required by current federal law to conduct background checks on their customers. Furthermore, there is no clear definition of how many guns a person can sell as an "occasional seller" -- it could be dozens, or even hundreds.1

FACT: Gun shows are a major source for illegal gun traffickers. The Bureau of Alcohol Tobacco Firearms and Explosives (ATF) studied their investigations into illegal gun trafficking and found that gun shows were involved with over 10,000 illegally trafficked guns a year -- about 30% of all criminal trafficking detected in the investigations.2

FACT: Background checks are fast and easy to conduct. Licensed gun dealers perform background checks thousands of times per day all across America. And they're fast -- according to FBI data released to the Mayors Against Illegal Guns coalition, 92% of background checks return a result immediately.3 It would be simple and cheap for occasional sellers at gun shows to run background checks to ensure they are selling to responsible, law-abiding purchasers.

ATF says drug traffickers get guns at gun shows: "Drug traffickers are able to obtain firearms and ammunition more easily in the U.S., including sources in the secondary market such as gun shows and flea markets. Depending on State law, the private sale of firearms at those venues often does not require record keeping or background checks prior to the sale."6
William Newell, Special Agent in Charge, ATF Phoenix Field Division, March 24, 2009

FACT: The overwhelming majority of Americans support closing the gun show loophole. President Barack Obama, Senator John McCain, 87% of Americans and 83% of gun owners support closing the gun show loophole.4

FACT: States that have left the gun show loophole standing open supply more guns to criminals An analysis has showed that states that have yet to close the gun show loophole are the sources for guns used in crime in other states at more than twice the rate of states that require background checks for all sales at gun shows.5

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  1. 18 U.S.C. § 921(a)(21)(D), (22). Those not "engaged in the business" of dealing guns are exempt from the licensure requirement.
  2. Department of the Treasury, Bureau of Alcohol, Tobacco & Firearms, “Following the Gun: Enforcing Federal Laws Against Firearms Traffickers” (June 2000), available at atf.gov/[...]followingthegun_internet.pdf (documents criminal investigations started July 1996 through December 1998).
  3. Analysis of FBI response to Mayors Against Illegal Guns data request, details available at: mayorsagainstillegalguns.org[...]nics.shtml
  4. Bi-partisan poll conducted by Greenberg Quinlan Rosner Research and The Tarrance Group, April 14, 2008, available at mayorsagainstillegalguns.org/[...]presentation_041408.pdf
  5. "The Movement of Illegal Guns In America: The Link Between Gun Laws and Interstate Trafficking" available at mayorsagainstillegalguns.org/[...]/trace_report_final.pdf
  6. "Statement of William Newell, Special Agent in Charge, Phoenix Field Division, ATF, Before the US House of Representatives Committee on Appropriations Subcommittee on Commerce, Justice, Science and Related Agencies, March 24, 2009", available at http://appropriations.house.gov/[...]William_Newell_03_24_09.pdf
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