WHAT IS THE NATIONAL ASSOCIATION OF ARMS SHOWS?
The National Association of Arms Shows, Inc. (NAAS), is the only
organization in America committed exclusively to protecting gun shows and enhancing
professionalism in their management. In so doing, NAAS protects an important segment of
our economy and preserves a cultural and historic heritage cherished by many Americans.
HOW DOES
NAAS ACCOMPLISH ITS MISSION?
NAAS improves show management and addresses public safety
concerns and through education, self-regulation and common-sense public policy solutions.
THE
CLINTON ADMINISTRATION SAID IT WAS SEEKING TO IMPROVE GUN SHOWS BY "CLOSING THE GUN
SHOW LOOPHOLE" AND BY TAKING ACTION "TO ENSURE THAT FIREARMS SOLD AT GUN SHOWS
ARE NOT EXEMPT FROM FEDERAL FIREARMS LAWS." WHAT'S WRONG WITH THAT?
First, firearms transactions at gun shows or anywhere else in
America are indeed subject to firearms laws. Second, those in search of a
"loophole" will find laws that are iron clad and carefully crafted.
WHAT SORT
OF LAWS EXIST TO PREVENT CRIMINAL WRONG-DOING AT GUN SHOWS?
There is a web of federal laws prohibiting gun transfers to
criminals and other prohibited persons -- whether the gun is sold at a gun show or
anywhere else, and whether the gun is sold by licensed dealers or private individuals
selling from their collections.
AREN'T
PRIVATE, UNLICENSED INDIVIDUALS SUBJECT TO PROSECUTION FOR SELLING WITHOUT A LICENSE?
Yes. People dealing in firearms without a license are subject to
prosecution -- but prosecution is rare. The August '98 FFL Newsletter, produced by the
Bureau of Alcohol, Tobacco and Firearms, noted 4 cases and identified licensed dealers
exhibiting at gun shows as an important source for leads involving such cases.
Persons "engaged in the business" of selling firearms
must have a Federal Firearms License -- and "business" is carefully defined by
federal law. The legal definition of "engaged in the business" was designed in
part to continue to allow individuals not engaged in business to sell firearms from
personal gun collections.
HOW DO YOU
RESPOND TO THE OBSERVATION THAT GUN SHOWS HAVE BECOME "CASH-AND-CARRY
CONVENIENCE STORES FOR WEAPONS USED TO MAIM AND KILL?"
Criminals continue to obtain guns through unregulated channels --
primarily theft and the black market. In a study published in December 1997, the National
Institute of Justice found only 2 percent of guns used by criminals came from gun shows.
In a previous study of criminal gun acquisition, based on a survey of 2,000 convicts,
criminal acquisitions at gun shows were found to be so insignificant that researchers did
not find gun show acquisitions significant enough to delineate as a separate category.
NOT
ACCORDING TO "CRIME TRACE ANALYSIS: THE ILLEGAL FIREARMS YOUTH MARKET IN 27
COMMUNITIES" -- A REPORT BY ATF/TREASURY DEPARTMENT. THE NEW YORK TIMES (Feb. 21,
1999) STATED THAT THE ATF/TREASURY REPORT FOUND THAT 51 PERCENT OF THE GUNS USED IN CRIMES
BY JUVENILES AND PEOPLE AGES 18 TO 24 WERE ACQUIRED BY INTERMEDIARIES ACTING ON BEHALF OF
THE REAL BUYER....WITH "10 PERCENT...SOLD AT GUN SHOWS..." WHAT IS YOUR
RESPONSE?
First, the 51 percent New York Times citation appears nowhere in
the ATF/Treasury report. Second, the report itself states that data from the survey
"does not constitute a fully developed statistical series from which reliable
comparisons can be made..." In other words, the report itself concludes that the data
cannot be used to describe national trends or conditions, so it cannot be used to
prescribe new national policy.
| In fact, it cannot be used to contrast one city with the 26 other cities
studied. Third, the report suffers from extensive missing data. For example, there were
more than 43,000 out of the 76,000 traces studied where the weapons involved could not be
characterized, and there is no indication whether the majority of these were not stolen or
obtained directly from the black market. |
Even when a gun is successfully traced to a
specific dealer, according to a previous review of gun tracing by the Congressional
Research Service, there is often no indication whether the gun was actually purchased from
a dealer, stolen from the dealer or stolen from a law-abiding citizen who had purchased
the gun from the dealer. Moreover, most guns used to commit violent crimes are not
recovered by the police and, therefore, cannot be traced. These are among the many reasons
why the Congressional Research Service counsels against drawing inferences from aggregate
trace data -- and the ATF/Treasury report is, in essence, a collection of inferences drawn
from an unrepresentative sample of gun trace data.
The ATF/Treasury report makes it clear that conclusions are based
on completed gun traces in 26 cities. The authors state that their analysis leaves out
traces that were not successfully completed and that some cities did not participate
fully. In fact, the report indicates that a disproportionate number of traces occurred in
a few cities -- notably Chicago. As such we have a collection of inferences drawn from a
nationally unrepresentative sample of gun trace data.
THE
FORMER PRESIDENT WANTED A POLICY OF REQUIRING A CHECK ON ALL GUN PURCHASES AT GUN SHOWS -- AND
HOLDING GUN SHOW PRODUCERS RESPONSIBLE SHOULD THOSE CHECKS NOT OCCUR. WHAT'S WRONG WITH
THAT?
The government's own research confirms that shows are an
unimportant source of felon arms, but if that were not the case, more checks alone will
still not mean more safety. More safety can be achieved only by self-regulation,
zero-tolerance prosecution of armed criminals, and public policies to recognize
disenfranchised dealers. There is already federal law requiring licensed dealers to
conduct checks. There are already federal laws that prohibit private citizens from
transferring a firearm to a criminal. Those individuals -- licensees and private citizens
-- must be held accountable should they violate those laws. There is no room in that chain
of accountability for a third party not involved in the sale, the purchase or the law
enforcement function.
IF MORE
GUN REGULATION WON'T WORK, WHAT WILL?
More prosecution of gun-armed criminals. The effective crime
reduction strategy is a zero-tolerance policy for armed criminals, especially on the part
of U.S. Attorneys nationwide. The Administration has failed to prosecute felons attempting
to purchase guns and rarely enforces minimum mandatory sentences for felons found in
possession. When the U.S. Attorney for the Eastern District of Virginia adopted this
zero-tolerance prosecution policy -- under which all criminals were prosecuted who were
found possessing or attempting to acquire guns -- armed crime plummeted.
AREN'T GUN
SHOW PRODUCERS OPPOSING THE INITIATIVE TO AVOID TAKING RESPONSIBILITY FOR
CONDUCT AT THEIR SHOWS?
Not at all. To the contrary, gun show producers are actively
pursuing improved show management, and that includes cooperation with law enforcement,
self-regulation and education of show exhibitors and attendees. The fact is, the
former President's scheme to create a new license for show producers is just a move to reduce if
not eliminate gun shows in America. We have only to look at his record in the licensure of
federally licensed firearms dealers. Since 1992, the Clinton Administration drove
thousands of legitimate federally licensed firearms dealers (FFLs) out of business. In
1992, there were some 220,000 FFLs; today, there are less than half that figure. There is
every reason to expect the Clinton Administration will follow the same pattern with gun
show producers should his proposal to license them become law.
BUT THE
CLINTON ADMINISTRATION HAS NOT CALLED FOR AN END TO GUN SHOWS. HE HAS ASKED ONLY THAT CONGRESS PASS A
LAW REQUIRING GUN SHOW PRODUCERS TO SEE TO IT THAT ALL GUN SALES AT THEIR SHOWS ARE
CHECKED. WHAT'S WRONG WITH THAT?
The former President's proposal would hold producers of gun shows liable
while diverting attention -- and enforcement -- from the individuals who actually commit
the crime of providing a gun to a criminal. There is already federal law requiring
licensed dealers to conduct checks. There are already federal laws that prohibit private
citizens from transferring a firearm to a criminal. Those individuals -- licensees and
private citizens -- must be held accountable should they violate those laws. Show
producers should educate show attendees about the law. Show promoter should encourage
citizens seeking to transfer a firearm to see an licensed dealer exhibiting at that show
to run a check on the prospective buyer. It is wrong to threaten imprisonment of the show
producer for misconduct of a private citizen over whose actions the promoter has no
control.