In the United States, a gun show is an event where promoters generally rent large public venues and then rent tables for display areas for dealers of guns and related items, and charge admission for buyers. [1] The majority of guns for sale at gun shows are modern sporting firearms. [1] Approximately 5,000 gun shows occur annually in the United States.
Gun shows are typically held in large public facilities such as arenas, fairgrounds, civic centers, and armories. [2] Show promoters charge vendors fees for display tables (from $20 to $145) and booths (from $200 to $400) and charge admission fees (from $5 to $50) for the public. [3] : 6 In addition to guns, ammunition, knives, militaria, books and other items are sold. [2] : 4–5
In 2005, Michael Bouchard, Assistant Director/Field Operations of ATF, estimated that 5,000 gun shows take place each year in the United States. [4] Most gun shows have 2,500 to 15,000 attendees over a two-day period. [3] The number of tables at a gun show varies from as few as fifty to as many as 2,000. [5] At the largest gun shows, over 1,000 firearms are sold over two days. [3] In 2007, the U.S. Department of Justice (DOJ) reported that it found no definite numbers for U.S. gun shows, but said that estimates ranged from 2,000 to 5,200 a year. [3] In 1999, the ATF reported that 4,442 gun shows were advertised in 1998 in Gun Show Calendar. [2] : 4
The largest gun show in the United States is the annual SHOT Show. Only trade professionals, such as buyers for retail stores or law enforcement agencies, are allowed entry. It has attracted over 60,000 attendees to its 630,000 square feet of exhibition space in Las Vegas. The show is sponsored by the National Shooting Sports Foundation, an industry group of firearms and hunting businesses. It is among the top 25 trade shows in the country. [6]
Under the Gun Control Act of 1968 (GCA), firearm dealers with a Federal Firearms License (FFL) were prohibited from doing business at gun shows (they were only permitted to do business at the address listed on their license). That changed with the enactment of the Firearm Owners Protection Act of 1986 (FOPA), which allows FFLs to transfer firearms at gun shows provided they follow the provisions of the GCA and other pertinent federal regulations. In 1999, ATF reported that between 50% and 75% of the vendors at gun shows had FFLs. [2] Only buyers from within the state may purchase handguns. [1]
The so-called "Gun show loophole" is a controversial political term in the United States coined by gun control supporters[ citation needed ] that refers to sales of firearms by private sellers, including those done at gun shows. Under federal law, private-party sellers are not required to perform background checks on buyers. Private sellers are also not required to record the sale or ask for identification. There are some Federal rules regarding the sales. [7] As of August 2013, 33 states do not require background checks for sales of firearms by private individuals, while 17 states and Washington, D.C., do require background checks for some or all private firearm sales. [8] This is in contrast to sales by gun stores and other Federal Firearms License holders, who are required by federal law to perform background checks of all buyers, and to record all sales, regardless of venue (i.e. private sales).
In 2000, the Bureau of Alcohol, Tobacco and Firearms (ATF) published "Following the Gun", its analysis of more than 1,530 trafficking investigations over a two-and-a-half-year period and found gun shows to have the second highest number of trafficked guns per investigation, after corrupt FFL dealers. (Straw purchasers were the most common channel, but averaged a relatively small number of trafficked guns per investigation compared to corrupt FFLs and gun shows.) [9] : x–xi These investigations involved a total of 84,128 firearms that had been diverted from legal to illegal commerce. All told, the report identified more than 26,000 firearms that had been illegally trafficked through gun shows in 212 separate investigations. The report stated that:
A prior review of ATF gun show investigations shows that prohibited persons, such as convicted felons and juveniles, do personally buy firearms at gun shows and gun shows are sources of firearms that are trafficked to such prohibited persons. The gun show review found that firearms were diverted at and through gun shows by straw purchasers, unregulated private sellers, and licensed dealers. Felons were associated with selling or purchasing firearms in 46 percent of the gun show investigations. Firearms that were illegally diverted at or through gun shows were recovered in subsequent crimes, including homicide and robbery, in more than a third of the gun show investigations. [9] : 17
A Bureau of Justice Statistics (BJS) report on "Firearms Use by Offenders" found that only 0.8% of prison inmates reported acquiring firearms used in their crimes "At a gun show", with repeat offenders less likely than first-time offenders to report acquiring firearms from a retail source, gun show or flea market. This 2001 study examined data from a 1997 Department of Justice survey of more than 18,000 federal and state prison inmates in 1,409 State prisons and 127 Federal prisons. [10] [11] The remaining 99.2% of inmates reported obtaining firearms from other sources, including "From a friend/family member" (36.8%), "Off the street/from a drug dealer" (20.9%), "From a fence/black market source" (9.6%), "From a pawnshop", "From a flea market", "From the victim", or "In a burglary". 9% of inmates replied "Don't Know/Other" to the question of where they acquired a firearm and 4.4% refused to answer. [11] The Department of Justice did not attempt to verify the firearms reported in the survey or trace them to determine their chain of possession from original retail sale to the time they were transferred to the inmates surveyed (in cases where inmates were not the original retail purchaser).[ citation needed ]
Garen Wintemute, a professor of emergency room medicine and director of UC Davis' Violence Prevention Research Program, released a study in 2007 which held that gun shows are a venue for illegal activity, including straw purchases and unlicensed sales to prohibited individuals. [12]
In 2011, economists Mark Duggan and Randi Hjalmarsson at the University of Maryland and Brian Jacob from the University of Michigan released a paper which stated that gun shows do not lead to substantial increases in either gun homicides or gun suicides. [13]
From 2004 to 2006, ATF conducted surveillance and undercover investigations at 195 gun shows (approximately 2% of all shows). Specific targeting of suspected individuals (77%) resulted in 121 individual arrests and 5,345 firearms seizures. Seventy nine of the 121 ATF operation plans were known suspects previously under investigation. [3]
Additionally, ATF Field Offices report that:
Regarding the trafficking of firearms from the U.S. into Mexico, the U.S. Government Accountability Office (GAO) issued a report in June 2009 that stated:
While it is impossible to know how many firearms are illegally smuggled into Mexico in a given year, about 87 percent of firearms seized by Mexican authorities and traced in the last 5 years originated in the United States, according to data from Department of Justice's Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). According to U.S. and Mexican government officials, these firearms have been increasingly more powerful and lethal in recent years. Many of these firearms come from gun shops and gun shows in Southwest border states. [15]
The GAO report has been corroborated through other sources. William Newell, Special Agent in Charge of ATF's Phoenix Field Division, testified before a U.S. House of Representatives subcommittee in March 2009, stating, "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." [16] The ATF has also reported that, "Trends indicate the firearms illegally crossing the U.S.-Mexico border are becoming more powerful. ATF has analyzed firearms seizures in Mexico from FY 2005–07 and identified the following weapons most commonly used by drug traffickers: 9mm pistols; .38 Super pistols; 5.7mm pistols; .45-caliber pistols; AR-15 type rifles; and AK-47 type rifles." [17] However, this is based only on the weapons sent to the ATF to be traced, a small portion of all firearms seized by the Mexican government, and the extent to which they are representative of all seized firearms is disputed. According to Raul Benitez, a security expert at the National Autonomous University of Mexico, "Mexico's southern border with Guatemala has long been an entry point for such weapons and today could account for 10 to 15 percent coming through." [18] William La Jeunesse and Maxim Lott have described Mexico as a "virtual arms bazaar", where one can purchase a wide variety of military weapons from international sources: "fragmentation grenades from South Korea, AK-47s from China, and shoulder-fired rocket launchers from Spain, Israel and former Soviet bloc manufacturers." [19] In addition, they say that Mexican drug cartels have long-established drug- and gun-running ties with Latin American revolutionary movements such as Colombia's FARC. [19] Further, China has supplied military arms to Latin America and Chinese-made assault weapons have been recovered in Mexico, according to Amnesty International. [19] Finally, the Mexican army has seen rampant desertion rates (150,000 in the last six years) and many soldiers have taken their weapons home with them, including Belgian-made M16s. [19]
It is difficult to legally acquire fully automatic firearms at American gun shows (as opposed to the semiautomatic-only versions of these firearms that are legal on the U.S. civilian market), due to National Firearms Act (NFA).[ citation needed ] To legally purchase or transfer a fully automatic firearm, U.S. citizens must pay a $200 transfer tax, submit a full set of fingerprints on FBI Form FD-258, obtain certification provided by a chief law enforcement officer ("CLEO": the local chief of police, sheriff of the county, head of the State police, or State or local district attorney or prosecutor), and obtain final approval from the BATF on a Form 4 transfer of NFA registration to the new owner. [20] [21] All private citizens must wait, typically months, before receiving the tax stamp for the $200 tax paid, authorizing taking possession of the already paid-for fully automatic firearm. Until in receipt of the tax stamp, the Class III dealer retains control of the fully automatic firearm. In addition, only fully automatic firearms manufactured before the Firearm Owner's Protection Act of 1986 are permitted to be transferred. No fully automatic firearms recovered in Mexico have been traced to the United States. [19]
The National Firearms Act (NFA), 73rd Congress, Sess. 2, ch. 757, 48 Stat. 1236 was enacted on June 26, 1934, and currently codified and amended as I.R.C. ch. 53. The law is an Act of Congress in the United States that, in general, imposes an excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms. The NFA is also referred to as Title II of the federal firearms laws, with the Gun Control Act of 1968 ("GCA") as Title I.
The Gun Control Act of 1968 is a U.S. federal law that regulates the firearms industry and firearms ownership. Due to constitutional limitations, the Act is primarily based on regulating interstate commerce in firearms by generally prohibiting interstate firearms transfers except by manufacturers, dealers and importers licensed under a scheme set up under the Act.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), commonly referred to as the ATF, is a domestic law enforcement agency within the United States Department of Justice. Its responsibilities include the investigation and prevention of federal offenses involving the unlawful use, manufacture, and possession of firearms and explosives; acts of arson and bombings; and illegal trafficking and tax evasion of alcohol and tobacco products. The ATF also regulates via licensing the sale, possession, and transportation of firearms, ammunition, and explosives in interstate commerce. Many of the ATF's activities are carried out in conjunction with task forces made up of state and local law enforcement officers, such as Project Safe Neighborhoods. The ATF operates a unique fire research laboratory in Beltsville, Maryland, where full-scale mock-ups of criminal arson can be reconstructed. The ATF had 5,285 employees and an annual budget of almost $1.5 billion in 2021. The ATF has received criticism over its handling of the Ruby Ridge siege, the Waco siege and other incidents.
A Federal Firearms License (FFL) is a license in the United States that enables an individual or a company to engage in a business pertaining to the manufacture or importation of firearms and ammunition, or the interstate and intrastate sale of firearms. Holding an FFL to engage in certain such activities has been a legal requirement within the United States since the enactment of the Gun Control Act of 1968. The FFL is issued by the Bureau of Alcohol, Tobacco, Firearms, and Explosives
A Firearms Transaction Record, or ATF Form 4473, is a seven-page form prescribed by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) required to be completed when a person proposes to purchase a firearm from a Federal Firearms License (FFL) holder, such as a gun dealer.
The National Instant Criminal Background Check System (NICS) is a background check system in the United States created by the Brady Handgun Violence Prevention Act of 1993 to prevent firearm sales to people prohibited under the Act. The system was launched by the Federal Bureau of Investigation (FBI) in 1998. Under the system, firearm dealers, manufacturers or importers who hold a Federal Firearms License (FFL) are required to undertake a NICS background check on prospective buyers before transferring a firearm. The NICS is not intended to be a gun registry, but is a list of persons prohibited from owning or possessing a firearm. By law, upon successfully passing the background check, the buyer's details are to be discarded and a record on NICS of the firearm purchase is not to be made. However as an FFL holder, the seller is required to keep a record of the transaction.
Gun show loophole, also called the private sale exemption, is the lack of mandatory background checks in the United States for private sales of firearms, including those done at gun shows. Under U.S. federal gun law, any person may sell a firearm to a federally unlicensed resident of the state where they reside, as long as they do not know or have cause to believe that the person is prohibited from possessing firearms, and as long as the seller is not "engaged in the business" of selling firearms.
The Youth Crime Gun Interdiction Initiative (YCGII) was led by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) during the late-1990s. The program aimed to increase firearm tracing of firearms recovered by law enforcement agencies, learn more about how juveniles and youth obtain firearms, and develop strategies to deal with problems involving illegally obtained firearms.
In the United States, the right to keep and bear arms is modulated by a variety of state and federal statutes. These laws generally regulate the manufacture, trade, possession, transfer, record keeping, transport, and destruction of firearms, ammunition, and firearms accessories. They are enforced by state, local and the federal agencies which include the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Title II weapons, or NFA firearms, are designations of certain weapons under the United States National Firearms Act (NFA).
Report of Multiple Sale or Other Disposition of Pistols and Revolvers, or ATF Form 3310.4, is a form prescribed by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) for use by firearm dealers holding a Federal Firearms License (FFL) to report when an unlicensed person purchases or acquires two or more handguns at one time or during five consecutive business days.
Project Gunrunner is a project of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) intended to stem the flow of firearms into Mexico, in an attempt to deprive the Mexican drug cartels of weapons.
eTrace is an Internet-based firearm trace request submission system, developed by the United States' federal government, Bureau of Alcohol, Tobacco, Firearms and Explosives, that provides for the electronic exchange of traced firearm data in a secure internet-based environment. Participating law enforcement agencies with access to the internet can acquire 24/7 real-time capabilities to electronically submit firearm trace requests, monitor the progress of traces, retrieve completed trace results, and to query firearm trace related data in Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) firearms registration database at the National Tracing Center. Firearms tracing is the systematic tracking of the movement of a firearm from its creation by the manufacturer or its introduction into U.S. commerce by the importer, through the distribution chain to the first retail purchase. Release 4.0, a bilingual version of eTrace was deployed in December, 2009 for the benefit of Spanish-speaking countries.
The National Tracing Center (NTC) of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is the sole firearms tracing facility in the United States. It provides information to provide foreign (international), federal, state and local law enforcement agencies with suspects for firearm crime investigations, detect suspected firearms traffickers, and track the intrastate, interstate and international movement of firearms. Congressional restrictions are in place to prevent the release of firearms trace information to anyone other than law enforcement agencies, however, this restriction does not apply to participating foreign countries or agencies. The only restriction is by Memorandum of Understanding (MOU) signed by the agency receiving ATF's eTrace software.
Special Occupational Taxpayers are a group of Federal Firearm Licensees in the United States who manufacture, import and/or transfer NFA weapons. The National Firearms Act Special Occupational Taxpayer class is part of the Internal Revenue Code of 1986.
Gunwalking, or "letting guns walk", was a tactic used by the Arizona U.S. Attorney's Office and the Arizona Field Office of the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), which ran a series of sting operations between 2006 and 2011 in the Tucson and Phoenix area where the ATF "purposely allowed licensed firearms dealers to sell weapons to illegal straw buyers, hoping to track the guns to Mexican drug cartel leaders and arrest them" - however as of October 2011, none of the targeted high-level cartel figures had been arrested. These operations were done under the umbrella of Project Gunrunner, a project intended to stem the flow of firearms into Mexico by interdicting straw purchasers and gun traffickers within the United States. The Jacob Chambers Case began in October 2009 and eventually became known in February 2010 as Operation Fast and Furious after agents discovered Chambers and the other suspects under investigation belonged to a car club.
Mexicans have a right to own firearms, but legal purchase from the single Mexican gun shop in Mexico City, controlled by the Army, is extremely difficult. In other cases the guns are obtained through Guatemalan borders, or stolen from the police or military, or bought from corrupt officials. Consequently, black market firearms are widely available. Many firearms are acquired in the U.S. by women with no criminal history, who transfer their purchases to smugglers through relatives, boyfriends, and acquaintances who then smuggle them to Mexico a few at a time. The most common smuggled firearms include AR-15 and AK-47 type rifles, and FN 5.7 caliber semi-automatic pistols. Many firearms are purchased in the United States in a semi-automatic configuration before being converted to fire as select fire machine guns. In 2009, a combined total of more than 4,400 firearms of the AK-47 and AR-15 type, and 30% of AK-47 type semi-automatic rifles seized in Mexico have been modified as select fire weapons.
The Federal Firearms Act of 1938 (FFA) imposed a federal license requirement on gun manufacturers, importers, and persons in the business of selling firearms. The term federal firearms licensee (FFL) is used to refer to those on whom the license requirement is imposed. "FFL" is also used to refer to the license itself.
A gun shop is a business that sells firearms, such as handguns and long guns, to individuals in an open shopping format. It may also provide repairs for firearms and their parts. Other items such as ammunition, hunting accessories, food, clothing, and even souvenirs may be sold in the store as well.
James Gowda, also known as Jim Gowda, a firearms dealer for more than 20 years was indicted by a federal grand jury in November 1999 on charges of selling up to 10,000 handguns to people who did not live in Colorado, selling a semi-automatic weapon to a felon, and dealing guns without a license. He was indicted with Waldemar Drwall, who was an associate of Gowda. It was described as the "largest gun-trafficking case" that the agency knew of by Chris Eastburn, a Bureau of Alcohol, Tobacco and Firearms Denver office inspector. It is estimated that criminals used hundreds of guns purchased from Gowda in the commission of their crimes, according to the Brady Center to Prevent Gun Violence.
