texas gun-show loophole an invitation to terrorists
by Jennifer Beazley

Beazley, based in Houston, is Executive Director of Texans for Gun Safety and Co-Chair of the Harris County Green Party.

There is a hole in the law as big as Texas, and terrorists and criminals are walking right through it to buy their guns. The gun-show loophole allows anyone, yes anyone, to buy guns without a background check. And, unless responsible citizens step forward and demand change, terrorists, criminals, children and people who are mentally unfit to own firearms will continue to walk into gun shows and buy weapons from unlicensed gun dealers.

Each year roughly 4,500 gun shows are held in the United States, yet there is no federal law requiring background checks for private sales of guns. Texas leads the list with 486 gun shows annually, and, as with many other states, has no state law requiring background checks for people buying guns from unlicensed dealers. This loophole has made gun shows the second leading source of illegal firearms recovered in gun-trafficking investigations, according to federal law enforcement.

In May, Sens. John McCain, R-Ariz., and Joe Lieberman, D-Conn., joined forces and introduced legislation to close the gun-show loophole and require background checks in all the states. Although there have been other bills to close the federal gun-show loophole, the McCain-Lieberman bill, or Senate Bill 890, offers a responsible, bipartisan approach, making it the best hope yet of getting this much-needed, common-sense legislation passed.

A recent poll conducted by John Zogby and Mark Mellman of 800 people around the country (before the events of Sept. 11) reported that 86 percent of Americans and 78 percent of gun owners support background checks at gun shows. Many lawmakers are afraid to tackle the gun-safety issue because of the threats and thunder from the gun lobby, but the citizens of this country are ready for a responsible approach to gun ownership.

The McCain-Lieberman Instant Check Gun Show bill stops terrorists and criminals from evading a background check while respecting the rights of individuals who enjoy attending and purchasing firearms at public gun-show events. This bill eliminates the confusing definition of gun-show loopholes that plagued previous bills and defines a gun show as any event where at least 75 guns are available for sale. The bill also corrects a flaw in previous bills by saying that this bill excludes from background checks the sale of a gun either from a seller's home or to an immediate family member.

In addition, Senate Bill 890 adds new penalties for those who lie or illegally evade a background check. It adds funding for new federal law enforcement, Project Exile, and smart gun technology. It also requires the 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. Now, like their colleagues in the Senate, Rep. Mark Castle, R-Del., and Carolyn McCarthy, D-N.Y., have introduce a House companion bill.

Like Senate Bill 890, the Castle-McCarthy bill would require background checks at gun shows and would crack down on gun crime without interfering with the operation of gun shows or infringing on the freedom of law-abiding Americans to buy and sell guns. Already a coalition is forming to support this congressional legislation to close the gun-show loopholes. The National Association of Police Organizations (230,000 law enforcement officers), the National Education Association (2.3 million members), the National League of Cities (18,000 cities, towns and villages), 21 state gun-safety groups (thousands of gun safety activists) and the Million Mom March have endorsed this legislation.

It's time for Texans to step forward. Sens. Phil Gramm and Kay Bailey Hutchinson and our congressional representatives need to hear from all of us who care about reducing gun violence. And when this legislation reaches the president's desk, George W. Bush needs to hear from responsible Texans. All our lawmakers need to know their jobs depend on passing responsible legislation favored by the majority, not a powerful special-interest group.

The McCain-Lieberman and Castle-McCarthy bills to close the gun-show loopholes and keep guns away from terrorists, criminals, children and the mentally disturbed is responsible legislation that provides a win-win solution for everyone, except for terrorists and criminals.