A.G. Schneiderman Joins Former Rep. Gabrielle Giffords And Mark Kelly In Highlighting Background Checks Provision During Tour Of Saratoga Gun Show
Co-Founders Of Americans For Responsible Solutions Cite A.G. Schneiderman's Model Gun Show Protocol As National Model
Schneiderman Announces That Every Known Operator In New York State Has Agreed To Background Checks On All Gun Purchases At Shows
SARATOGA -Attorney General Eric T. Schneiderman today joined former Representative Gabrielle Giffords and her husband, Captain Mark Kelly, in a tour of the Saratoga Springs Arms Fair to highlight the success of New York's Model Gun Show Procedures. Developed by the Attorney General's office, these new agreements have now been signed by every known gun show operator in New York State. As a result, a background check is now conducted on virtually every firearm sold at a gun show in New York State. Nearly three dozen gun show owners covering more than 80 gun shows in New York have now signed the protocols.
Representative Giffords and Captain Kelly - who formed Americans for Responsible Solutions in January - cited Attorney General Schneiderman's Model Gun Show Procedures as a national model for other states to follow since Congress has failed to take action in the wake of recent tragedies involving gun violence.
"Even as the American people have been shocked time and time again by mass shootings like Columbine, Virginia Tech, Tucson, Aurora, Newtown, and now the Washington Navy Yard, Congress has produced one thing: stalemate and dysfunction," said Attorney General Schneiderman. "Here in New York, we have chosen a different path. By working in cooperation with gun show operators, we have crafted Model Gun Show Procedures that have closed the gun show loophole in New York. Everyone agrees on the need to keep guns out of the hands of criminals and the dangerously mentally ill. I am honored to be joined by Representative Giffords in the fight to find common ground around the country."
"At the federal level we still have no requirement for background checks at gun shows, but states like New York are fixing the loophole. The state's model helps keep guns out of the hands of people who shouldn't have them - like criminals and the dangerously mentally ill - without infringing on our Second Amendment rights," said Captain Mark Kelly, co-founder of Americans for Responsible Solutions. "This is a chance for Gabby and me to visit New York's largest arms fair and highlight this background checks system, which we believe can serve as a template for gun shows around the country."
Earlier this year, Attorney General Schneiderman announced that the Model Gun Show Procedures had been signed by roughly 80 percent of the state's gun show operators. During today's tour, Attorney General Schneiderman and former Representative Giffords were briefed by the show's operators on the implementation of the Procedures.
The development of the Model Procedures grew out of an undercover investigation conducted by Attorney General Schneiderman's office in 2011 that uncovered the frequent occurrence of private sales without background checks. Following that discovery, the Attorney General's Office and several gun show operators worked together to develop the Model Procedures, which balance the rights of sportsmen and gun collectors with the need to protect the public from the sale of guns to people who cannot pass a background check, also known as the National Instant Criminal Background Check System or NICS.
The Model Procedures go beyond the requirements of the state's Gun Show Law, including a process that ensures that all guns brought into the gun shows by private sellers are tagged so that, upon exiting, the operator can determine whether guns were sold and that a proper background check was performed. Under the terms of the Model Procedures, operators are required to do the following:
- Post conspicuous signs throughout the shows and give written notice to all dealers that New York State law requires that a National Instant Criminal Background Check be completed before the transfer of a gun at a gun show, including on the grounds of the show.
- Require that all guns brought into the gun show by private sellers are tagged so that, upon exiting, the operator can determine whether the guns were sold and a NICS was performed.
- Provide access to a dealer who is authorized to conduct a NICS at cost.
- The dealer performing the NICS shall complete and file ATF Form 4473 and maintain the forms for inspection by law enforcement agencies for ten years, per the Gun Show Law.
- Limit the number of access doors at the show so that sellers and buyers have to enter and exit through an area where the NICS procedures can be monitored.
- All guns are inspected upon exiting the show to make sure all transactions, even those with dealers, include a NICS check.
- Use reasonable means to prevent illegal gun sales outside the building, including the parking lot.
- Alert local law enforcement authorities that a show will be held in their area, request periodic patrols in the parking lots to deter illegal sales, and call them if illegal sales are observed or suspected.
The 35 gun show operators, including every major operator in New York State, are:
- Alabama Hunt Club, Inc.
- Empire State Arms Collectors Association, Inc.
- Mid Atlantic Arms Collectors
- NEACA Inc.
- New York State Arms Collectors Association, Inc.
- Mid State Arms Collectors & Shooters Club, Inc.
- Niagara Frontier Gun Shows, Inc
- Niagara Frontier Collectors
- North Eastern Arms Collectors Association
- The Clayton Rotary Club
- Westchester Collectors, Inc.
- Newmart Promotions, Inc.
- Mid-Hudson Promotions, Inc.
- York-Penn Shows, Inc.
- West Potsdam Volunteer Fire Company, Inc. Gun Show
- Liberty Fire Dept
- Big Al's Silver Bullet Productions South Inc.
- Locke Volunteer Fire Dept
- Sons of the American Legion
- Little Valley Volunteer Fire Department
- Salamanca Professional Fire Fighters
- B&C Sporting LLC
- Swan Lake Fire Department
- Saugerties Fish and Game Club
- Saranac Lake Fish & Game Club, Inc.
- Sullivan County Conservation Club, Inc.
- Daniel A. Carter Auction Co., Inc.
- Hessney Auction Company, LTD
- Williston Auctions, Inc.
- Bontrager Real Estate and Auction Services
- TB Auction, Hunt Real Estate
- Goldfuss & Assoc.
- Roy Teitsworth, Inc.
- RG Mason Auction
- BLG Auction Services
This matter is being handled by Assistant Attorney General In-Charge of the Rochester Regional Office Debra Martin, under the supervision of Executive Deputy Attorney General for Regional Affairs Martin J. Mack.