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Senate of Pennsylvania
Session of 2013 - 2014 Regular Session

MEMORANDUM

Posted:	February 14, 2013 09:16 AM
From:	Senator Michael J. Stack
To:	All Senate members
Subject:	Closing of the Gun Show Loophole

In the near future I will be introducing legislation to address the dangerous 'gun show loophole' in Pennsylvania. This bill will look to close a loophole that allows gun purchasers in a number of circumstances to avoid background checks, including person-to-person private transfers between non-licensed vendors and collectors. Require comprehensive background checks on all sales of guns or ammunition: close loopholes that allow for the sale of long-guns by private sellers without background checks. The “Gun Show Loophole” is a gap in federal law that allows private citizens, who are not licensed firearms dealers, to sell guns without conducting background checks or keeping records. These “private sellers” often sell guns at the thousands of gun shows that take place every weekend across the country. But, private sales of guns also take place daily between individuals as people sell guns to family members, friends and strangers without any requirement that the purchaser undergo a background check. Federal law requires federally licensed gun dealers (FFLs) to conduct background checks on all buyers to make sure they are not felons or otherwise prohibited from owning guns. Dealers must conduct background checks whether at their primary place of business, or at a gun show. Dealers also keep buyer records in the event a gun is recovered in a crime and ATF needs to trace its serial number to its owner. Private sellers are not required to conduct background checks or keep records. In fact, federal law prevents private sellers from access to the National Instant Background Check System (NICS). Many criminals, knowing they can bypass background checks by purchasing from private sellers, use gun shows and individual sales as their source for obtaining guns. This legislation will also change the penalty of violating the gun sale law in Pennsylvania. Currently, If someone sells a firearm to a person that should not be able to possess/purchase one - the first violation is NO PENALTY. However a second violation is a full revocation of their gun sale license. This bill would change that, by making the first violation a one-year suspension of their sale license and keep the second violation as a full revocation. Violators will not longer get a 'free pass' of no penalty for their first offense. This legislation is not about taking away guns from responsible gun owners, nor is it looking to infringe on 2nd Amendment rights. It is making it clear in Pennsylvania that thorough background checks will be completed in ALL gun sales - including gun shows. If you have any additional questions on this legislation, please contact my office. Thank you for your consideration.

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