Contacts

Newark
Phone: (973) 639-8700
Toll Free: (888) 398-1642
Fax: (973) 639-8723

Camden
Phone: (856) 338-8922
Fax: (856) 338-8936

Washington, DC
Phone: (202) 224-3224
TTY: (202) 224-2087
Fax: (202) 228-4054

Email Senator Lautenberg »



Quick Links


HealthCare.gov: Take health care into your own hands Learn More

Working to Close the Nation's Gun Show Loophole

Senator Lautenberg at a press conference introducing legislation to close the "gun show loophole." He was joined at the event by Sens. Jack Reed (D-RI) and Dianne Feinstein (D-CA); Paul Helmke, President of the Brady Campaign to Prevent Gun Violence; Sue Else, President of National Network to End Domestic Violence; and victims and family members of the Virginia Tech tragedy. The victims included Omar Samaha, the brother of Reema Samaha, who was shot and killed at Virginia Tech; and Colin Goddard, who was shot and injured in his classroom at Virginia Tech. The Senators' bill would close the loophole by requiring background checks on sales at gun shows. (April 21, 2009)

 

At thousands of gun shows every year, people are able to purchase firearms without going through a background check.  Under the federal Brady Act, Federal Firearms Licensees (FFLs) are required to check the purchaser’s background with the FBI’s National Instant Criminal Background Check System (NICS) before transferring any firearm. 

However, a person does not need a federal firearms license—and the Brady Act does not apply—if the person is not “engaged in the business” of selling firearms pursuant to federal law.  These non-licensees make up one quarter or more of the sellers of firearms at gun shows.  Consequently, felons, the severely mentally ill and other prohibited persons who want to avoid Brady Act checks and records of their purchases are able to buy firearms at gun shows. 

On April 21, 2009, Senator Lautenberg introduced the Gun Show Background Check Act of 2009 to close this loophole in the nation's federal gun laws.  The bill is virtually identical to the Lautenberg amendment passed by the Senate in the 106th Congress as part of the Juvenile Justice bill.  The legislation would take several steps to make gun show transactions safer for all Americans:

  • Definition of Gun Shows: Gun shows are defined to include any event at which 50 or more firearms are offered or exhibited for sale.  This definition includes not only those events where firearms are the main commodity sold, but also other events where a significant number of guns are sold, such as flea markets or swap meets.
  • Gun Show Promoters: Gun show promoters would be required to register with the Bureau of Alcohol, Tobacco, and Firearms (ATF), maintain a list of vendors at all gun shows, and ensure that all vendors acknowledge receipt of information about their legal obligations.
  • Background Checks for All Transactions: The bill requires that all firearms sales at gun shows go through a Federal Firearms Licensee (FFL).  If a non-licensed person is selling a weapon, they would use an FFL at the gun show to complete the transaction.  The FFL would be responsible for conducting a Brady check on the purchaser and maintaining records of the transaction.
  • Improved Firearm Tracing: FFLs would be required to submit information including the manufacturer/importer, model, and serial number of firearms transferred at gun shows to the ATF’s National Tracing Center (NTC).  However, no personal information about either the seller or the purchaser would be given to the ATF.  Instead, as under current law, FFLs would maintain this information in their files.  The NTC would request this personal information from an FFL only in the event that a firearm subsequently becomes the subject of a law enforcement trace request.

 

Additional documents and media: