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Gun Show Essay

1593 words - 7 pages

January 3, 2013, Congresswoman McCarthy introduced H.R. 141, also known as, “Gun Show Loophole Closing Act of 2013.” Annually, there are roughly 5,200 gun shows held each year across the United States. In which thousands of people attend the shows, including Federal Firearms Licensed dealers (FFL) and unlicensed firearm dealers (Private sale). McCarthy argues that gun shows are, as she states, “…convenient and centralized locations” in which criminals and people who are prohibited from purchasing firearms can obtain firearms without a criminal background check and with out records that allow tracing. McCarthy’s proposed bill, H.R. 141, would require criminal background checks on all firearms transactions occurring at gun shows and would also include the private sales and transactions between two non-FFL citizens. McCarthy states that Congress as the Constitutional authority under Article 1, Section 8, clause 3; which states, “The Congress shall have the Power…To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes…” Although Congress possess the enumerated powers, under the Constitution, to pass legislation in regards to the sale and/or transaction of a firearm from a FFL; the question of whether or not Congress has the power to regulate the transaction and/or sale of a firearm between two non-FFL is questionable. Section 2: subsection C, of H.R. 141 states, “ Background Check required before transfer of a firearm between unlicensed person…shall be unlawful…to transfer possession…title to a firearm…on the curtilage of, a gun show…to another person who is not so licensed…” In order to understand and explore the constitutionality of H.R. 141, one must first look at the decisions of the Supreme Court; Only by exploring the Supreme court rulings, can the constitutionality of H.R. 141 be decide.
The proposed bill, H.R. 141, would amend Section 921(a) of title 18, of United States Code by adding ‘Gun Show’ and ‘Gun Show Vendors.’ H.R. 141 defines ‘Gun Show’ as: “…any event at which 50 or more firearms are offered or exhibited for sale, exchange, or transfer, if 1 or more of the firearms has been shipped or transported in, or otherwise affects, interstate or foreign commerce; does not include an offer or exhibit of firearms for sale, exchange, or transfer by an individual from the personal collection of that individual, at the private residence of that individual, if the individual is not required to be licensed under section 923; and does not include an offer or exhibit of firearms are offered or exhibited for sale, exchange, or transferred at events: where not more than 100 firearms are offered or exhibited for sale, exchanged or transfer; that are conducted by private, not-for-profit organizations whose primary purpose is owning and maintaining real property for the purpose of hunting activities; and that are attended only by permanent or annual dues-paying members of the organizations, and the members...

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