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McCain-Lieberman Introduce New Bill to Close Gun Show Loophole
By Ed Somers
May 28, 2001
On May 15, Senators John McCain (AZ), Joe Lieberman (CT), Mike DeWine (OH) and Charles Schumer (NY) introduced a bi-partisan bill intended to stop criminals and kids from evading background checks at gun shows. The bill would require background checks at all gun shows where at least 75 guns are sold, encourage states to modernize and automate their criminal history records and enforce gun laws already signed into law. Similar House legislation will soon be introduced. "Despite the tragic lessons we have learned, it is still far too easy for a convicted felon to buy firearms at a gun show," Sen. McCain said adding, "I believe law-abiding citizens have the right to own guns, and I have steadfastly fought for those rights for many years. But with rights come responsibilities."
The "Gun Show Loophole Closing and Gun Law Enforcement Act of 2001 (S 890)" would make all background checks faster and more accurate in states where a rapid check will not let criminals and other prohibited buyers get guns. The bill also adds new penalties for those who lie or illegally evade a background check.
"Reaching accord on how to reduce gun crimes has divided Congress for far too long, unfortunately, at the expense of so many good citizens who have found themselves at the wrong end of a gun," Sen. Lieberman said.
In order to strengthen enforcement, the McCain-Lieberman bill would provide approximately $218 million in funding for new federal law enforcement, including ATF agents, gun crime prosecutors, Project EXILE, and "smart gun" technology. The bill would also require special licensees who conduct background checks at gun shows to maintain the same records that licensed gun stores keep, but it does not require private buyers or sellers to keep records.
What is the Gun Show Loophole?
Under the Brady Law, licensed gun stores are required to perform background checks on all buyers. Through 1999, 536,000 prohibited individuals have been denied a gun because they failed the background check.
However, due to a loophole in the Brady law, unlicensed sellers - essentially private individuals who buy and sell guns - are not required to perform background checks.
A June 2000 evaluation of gun trafficking investigations showed that gun shows rank as the second leading source of illegal guns recovered by federal law enforcement. It is estimated there are more than 4,000 gun shows each year, not including flea markets and other public events where a large number of guns are sold.
Changes Made in New Gun Show Bill
The McCain-Lieberman bill is different in several significant aspects than the "Lautenberg" amendment debated in the 106th Congress, which has also been reintroduced (S 767) in the 107th Congress by Senator Jack Reed (RI). For example:
* McCain-Lieberman defines a gun show as any public event at which 75 or more guns are offered for sale (compared to 50 guns in Lautenberg and the new Reed bill);
* McCain-Lieberman adds no new reporting requirements for those who buy or sell a gun at a gun show;
* McCain-Lieberman allows a state to reduce the maximum 3 days to complete background checks at gun shows to 24 hours when it can certify that a shortened check will not allow criminals to get guns. To receive the waiver, a state must automate at least 95% of its felony, drug abuse, mental health and other disqualifying records going back at least 30 years;
* McCain-Lieberman bill specifically exempts people who sell their own guns from their own homes.