Approximately six gun shows are held each year on the grounds of the Iowa State Fairgrounds (a public instrumentality of the state). At these gun shows, both licensed firearms dealers and unlicensed sellers rent tables from a gun show promoter from which they sell new and previously owned firearms to the general public.

Under federal law (the Brady Law), licensed firearms dealers who sell guns at gun shows are required to conduct criminal background checks on all buyers and maintain records of their transactions. However, unlicensed sellers who sell firearms from a “personal collection” at gun shows are not required to conduct background checks.

There are two concerns with the current practice of allowing unlicensed sellers to sell firearms at gun shows at the Iowa State Fairgrounds.

1. It allows persons who are prohibited by federal or state law from possessing firearms, e.g., felons, domestic abusers, minors, etc., to buy guns without having to undergo a criminal background check.
2. It allows persons to illegally engage in the business of dealing in firearms without a federal firearms license. That is, they claim that they are just selling from a “personal collection” when in fact they are dealing in used firearms for profit without a license to do so.

State government has a civic responsibility to take reasonable precautions to ensure that gun shows held on state property are not used as venues where prohibited purchasers can buy guns without a background check or where illegal gun traffickers can sell guns to the public. Failure to take reasonable precautions poses a threat to the public’s safety.

Proposed Legislation

The Iowa Legislature should enact legislation that would require that all contracts to hold guns shows on state property, such as at the Iowa State Fairgrounds, include a requirement for a criminal background check on all firearms transfers at the gun show.

This requirement could be met by a gun show promoter in one of two ways. The gun show promoter could either:

1. Provide for the services of a federally licensed firearms dealer to conduct background checks for all unlicensed vendors selling firearms at the gun show; or
2. Allow only federally licensed firearms dealers to sell firearms at the gun show, i.e., no unlicensed vendors.

Either of these two options would ensure that a criminal background check would be performed on all firearms transfers at gun shows held on state property.

Furthermore, the proposed law would not disrupt the operation of gun shows at the Iowa State Fairgrounds. The only difference would be that all firearms transfers would be subject to a criminal background check. For persons with no previous criminal history, background checks conducted by licensed firearms dealers through the National Instant Criminal Background Check System (NICS) are completed immediately – take less than 30 seconds.

The only population that would be adversely affected by this proposed legislation is the population of prohibited firearms purchasers who cannot pass a criminal background check, and thus would not be able to buy guns at future gun shows held on state property, including the Iowa State Fairgrounds.

Most lawmakers say that they are “for keeping guns out of the hands of criminals.” This legislation would do just that by preventing criminals and other prohibited purchasers from buying guns at gun shows at the Iowa State Fairgrounds. By passing this legislation, the state of Iowa would be setting a good example for other gun show operators in the conduct of business where guns are sold.

Would this law mean an end to gun shows at the Iowa State Fairgrounds?

No. Licensed firearms dealers, who make up about three-fourths of the firearms vendors at gun shows, are already required to conduct criminal background checks on all buyers. This legislation is “aimed” at the small number of unlicensed vendors who sell firearms at gun shows.

Furthermore, gun shows continue to be held in states that have “closed the gun show loophole.” This can be easily verified by going to the following website: http://www.gunshows-usa.com/ and looking up gun shows scheduled in California, Oregon, Colorado, Pennsylvania, New York and other states that require background checks on all gun show sales.