One of the enduring controversies in Virginia involves the so-called “Gun Show Loophole”. I say so-called because the term “gun show loophole” generates intense debate and considerable emotion.
In fact, this article on the “gun show loophole” was inspired by a Bacon’s Rebellion reader who took exception to a comment I posted about the need to close the “gun show loophole”. As I’ve researched this matter it’s become obvious that there are honest people and honest opinions on both sides of this controversy.
What’s a gun show anyway? Fundamentally, a gun show is a temporary gathering of firearms enthusiasts. The shows are usually organized by promoters who lease space for the show and then sub-lease display / sale areas (often called tables) to vendors. Most vendors are firearms dealers although there are often people leasing tables and selling knives, jerky, etc. Old Dominion Gun Shows is planning a gun show in mid January in Dale City, VA. You can see their web site here.
Can you buy guns at a gun show? Yes. Everybody (on all sides of the issue) know and agree that guns are bought and sold at Virginia gun shows. The ATF estimates that there are 5,000 gun shows a year (across the nation) averaging 1,500 – 15,000 attendees per show. Shows vary in size with smaller shows having 50 tables and large shows having 2,000 tables. ATF estimates that 1,000 guns per show are sold at the big shows. As a point of reference, the Old Dominion Gun Show in Dale City will have 175, six foot tables available to lease for $50 each. I’ve never seen the statistic of total guns sold per year at gun shows but I imagine that a million could be possible. That’s a lot of guns.
Are gun sales at gun shows regulated? Yes, sort of….depends a lot on the state. People and companies engaged in the business of buying and selling guns must have a license from the federal government. These merchants must comply with federal law by completing a background check on a potential buyer using the National Instant Criminal Background Check System. However, that requirement only applies to licensed gun dealers. Private citizens who are not engaged “in the business of dealing” firearms who make only “occasional” sales within their home state are under no requirement to conduct background checks on purchasers. They are legally forbidden from selling to a person who they know is prohibited from buying a gun (such as an ex-felon) but they don’t have to verify anything.
Gun shows don’t kill people … people kill people. Maybe so but gun shows provide a convenient venue for illegal firearm sales. In fact, there is no doubt that some very questionable gun sales occur during gun shows. One chilling account comes from a young man repeatedly shot during the Virginia Tech massacre. Read his story here.
It’s always Virginia. Not in this case. While Virginia has very lax private gun sale regulations the Old Dominion is far from alone. Of the 50 states, only 17 have substantial gun show / private gun sale regulations. The other 33 (including Virginia) allow great latitude in the private sale or transfer of firearms – whether within a gun show or somewhere else.
The bottom line – I am a gun ownership advocate. I believe in the Second Amendment and the Supreme Court interpretation of that amendment in the Heller case. However, there is good reason to perform a background check prior to selling a gun. I support the adoption of Colorado’s regulatory approach. Guns sold at gun shows must be through a registered firearms dealer with a background check. Private sales outside of gun shows are allowed without a background check. I can live with private sales and I can live with firearms shows – just not at the same time.
