Lawmaker wants to tighten fairground gun sales (Iowa)

[CO Liberal]

Looks like the gun show loophole is alive and well.... - Wayne

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Lawmaker wants to tighten fairground gun sales
By CHARLOTTE EBY, Globe Des Moines Bureau

DES MOINES — A group of lawmakers concerned that felons could buy guns at gun shows held at the Iowa State Fairgrounds wants to stop the sale of guns conducted without a background check on state property.

State Rep. Don Shoultz, a Waterloo Democrat, says lawmakers should make sure illegal gun sales are not being made at any facility owned by the state.

He and a group of House members are offering a bill that would require unlicensed dealers at these shows to perform the same type of background checks licensed dealers do.

"That is the motivation behind this, and we'd like to see it brought to the floor of the House for a vote," Shoultz said.

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http://www.globegazette.com/articles/2005/02/03/state/doc4201c4f0ca957976607511.txt

[slackmaster]

1. The only way to close the "loophole" is to adopt a system like California

Where all sales of firearms have to go through a licensed dealer.

Federal law prohibits use of the National Instant Check System (NICS) by people who are not Federal Firearms License holders.

The term "unlicensed (gun) dealer" is an oxymoron BTW. If you are engaged in a business buying and selling guns and do not have a Federal Firearms License you are a gun-runner, i.e. a criminal.

On edit: My point is that if the state of Iowa uses its discretion to ban private sales on its fairgrounds, which I believe it has a perfect right to do, that will not stop those sales. It will move them elsewhere, scattered to places where law enforcement people have no opportunity to monitor for known criminals, fugitives, etc. buying guns. If a bunch of private transfers happen in one place, at least it is possible for someone to keep an eye out for the most dangerous people.

[benEzra]

2. Federal law requires ALL dealers to conduct a background check

on any gun sale, regardless of where they are selling. The buyer also has to fill out a BATFE form 4473, same as if he were buying at a gun store, and the dealer must retain this record to allow future traces of that firearm. The transaction must be entered in the dealer's bound book as usual. And so on. Federal law is not suspended at gun shows.

If the BATFE decides you are dealing in firearms without an FFL--whether at a gun show or elsewhere--they will bust you and you will spend lots of time in Federal prison. (And don't think they don't hang out at gun shows.)

The only non-checked sales that are legal by Federal law are occasional sales of lawfully owned guns by the owner; regulation of these is up to state law, as slackmaster pointed out. Here in NC, you have to undergo a background check in order to buy a handgun even in a private transaction, but long guns are exempt.

[old freak]

4. Unlicensed dealers

Here in Michigan, I can sell a handgun or rifle to anyone I choose, provided they are over 18 years of age. If it is a handgun, the buyer must have either a CCW or a permit to purchase, which is valid for 10 days and is issued by their local police department. The buyer then must take the handgun to his local police departmant for registraition. There is a 10 day time frame to completet this process. If it is a rifle, you give me the money, i'll give you the gun and adios.

[MrSandman]

3. WTF is ...

unlicensed dealers?

If they have unlicensed dealers they should call BATF(E), because the dealer is violation of federal law.

ed fer spellin...s