CITIZEN VOICES® Background checks for gun shows?

Jan 23, 2019

Right now, those wishing to purchase a gun in New Hampshire must undergo a background check in accordance with federal law.  This regulation does not apply to private sales made at gun shows, however. 

This year, lawmakers will consider HB 109 which requires all commercial firearms sales take place through licensed dealers. Such dealers are required by federal law to perform background checks on gun purchasers.  This would effectively close what some call the “gun show loophole” that allows gun buyers to avoid background check requirements by purchasing from private individuals at gun shows. 

Licensed dealer requirement

What happens if a person wants to buy a gun from someone but neither party is a licensed gun dealer? According to the bill, the two parties would have to find a licensed dealer to facilitate the transaction. HB 109 explains that the person wishing to sell the gun would bring it to a licensed dealer, who would then process the sale as if it were their gun. This includes conducting a background check on the purchaser with the National Instant Criminal Background Check System (NICS). The bill grants such a facilitating dealer the right to charge for administrative costs related to this service. 

Exception for private sales

Some worry this legislation could impact individuals wishing to sell or transfer guns privately, such as transactions between family members. This bill makes an exception for such sales, provided neither party is prohibited by law from owning a firearm. 

Penalties

A first-time violation of the proposed law would constitute a class B misdemeanor. The penalty rises to a class A misdemeanor for second or subsequent violations. 

Pros and Cons

The bill states it is intended to “protect public safety by helping to keep firearms out of the hands of felons, domestic abusers, and the dangerously mentally ill.” Those in favor of requiring background checks at gun shows feel that doing so would close a dangerous loophole in current regulations. 

Opponents argue that this bill would place an unfair burden on private gun sellers who do not earn their primary income from selling guns. Some are concerned the wording of the bill could lead to criminal charges for a person who transfers a gun to a friend or family member without a background check.  The New Hampshire Department of Safety also warns that this change would increase general fund expenditures by requiring they help facilitate more background checks than they do currently. 

 

Learn more about NH gun laws on our issue page

Do you support legislation requiring all firearms sales be made through licensed dealers who must perform background checks?

Discussion held on Citizens Count website and Facebook page January 6, 2019

239 citizens responded183 citizens were opposed to requiring background checks for commercial gun sales38 citizens were in favor of requiring background checks for commercial gun sales18 citizens commented on related questions or issues

What Participants Said

No: 183 people were opposed to requiring background checks for commercial gun sales.

  • “All this bill does is make it more difficult for lawful citizens to transfer weapons. It is already illegal for a prohibited person to possess a firearm. NH and all other states have laws against transferring firearms to prohibited persons. So I ask anyone following these comments, what does this bill do?”
  • “The bill has nothing to do with closing ‘gun show loopholes’ and has everything to do with creating a list of gun owners.  NH already has laws on the books about selling firearms to people you do not know. The bill should be opposed.”
  • “I support removing all government intervention from gun sales and possession. It's none of the government's business. No gun licensing. No background checks.”

Yes: 38 people were in favor of background checks for commercial gun sales.

  • “I am a NH resident and voter. I support HB109 - background checks should be required to legally purchase a gun. Period.”
  • “YES. It’s simple common sense.”
  • “100% support this common-sense legislation. My only criticism is the penalty isn't tough enough.”

Other: 18 citizens addressed their comments to related questions and issues.
These included:

  • Confusion regarding current law: “Where can I buy a gun at a gun show without a background check? I have purchased a few guns from gun shows. Everyone had to go through a background check.”
  • Concern about added “middleman” costs: “Why does there have to be a fee?”
  • Law won’t stop “kit” guns: “I can go down to my local hardware store and buy everything I need to make a slam fire shotgun or a muzzle loading rifle. People will always find a way to get or make guns and it's not hard to make a basic gun.”

*Editor selection of actual participant quotes.

See additional comments on this question from Facebook

Comments

Chuck Malias
- Manchester

Tue, 01/08/2019 - 8:23am

100% support this common-sense legislation. My only criticism is the penalty isn't tough enough.

Adam Samuels
- Concord

Wed, 01/09/2019 - 1:30pm

Federal law ALREADY establishes the baseline regarding the types of persons who are ineligible to purchase firearms. The federal Gun Control Act of 1968, codified at 18 U.S.C. § 922, generally prohibits the sale of firearms to any these persons.

This means that if I sell a firearm today to a prohibited person, I am committing a crime. Of all the gun owners in NH, it's a safe bet that 99.99% of them dont want to be convicted of a gun crime and lose their firearms.

So, you are basically advocating for 1) a new law that won't change the behavior of people who don't care about any of the laws and 2) will add yet another burden onto the backs of law abiding gun owners and 3) will create an added cost to the State.

Good logic.

Related Bill

HB 109 (2019)
Bill Status: Vetoed by Governor
Hearing date: Apr 30, 2019

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