Delaware government: Gun show ID checks set off fireworks

Foes say proposal lacks a problem
By. J.L. MILLER
The News Journal
DOVER -- A rhetorical gunfight broke out Wednesday during a Senate hearing on legislation that would close what critics call the "gun show loophole" and what opponents call a solution in search of a problem.

Further gunpowder was added to the already heated debate by a Tuesday email from the National Rifle Association to its Delaware members saying that the bill, part of a package of gun-related bills advanced by Gov. Jack Markell, is "a move towards an ultimate ban on all private sales -- even those between family and friends -- regardless of where they occur."

That claim was disavowed by Markell, who in a statement said it is "unfortunate that the NRA has chosen to mischaracterize" the bill.

Under current federal and state law, licensed firearms vendors selling at gun shows must perform background checks, just like they do at their places of business. But private citizens wishing to sell their own guns can do so without conducting background checks, as long as the sales are occasional and they are not in the firearms business.

Senate Bill 39 would require background checks to be conducted for all sales at gun shows. Licensed firearms dealers would have to request the checks through the National Instant Criminal Background Check System on behalf of unlicensed vendors making sales. Sales between private citizens not taking place at gun shows would not be affected.

Andrew Lippstone, an attorney for the governor's office, called the bill "a reasonable, common-sense measure that will improve public safety."

That claim came despite the fact that there are no statistics documenting firearms from guns shows being used in crimes in Delaware, much less statistics documenting how many of those guns may have been sold by unlicensed vendors at gun shows.

Sen. Patricia Blevins, D-Elsmere, chairwoman of the Senate Judiciary Committee, seized on that point during Wednesday's hearing.

"Is there an actual problem?" Blevins asked.

"From my perspective, yes," replied Capt. Joseph Sapp of the State Bureau of Identification.

"You're seeing this happen?" asked Sen. Gary Simpson, R-Milford.

Sapp replied that the police can't tell, because there are no statistics to document whether there is a problem in Delaware.

Sen. David Lawson, R-Marydel, a former state trooper and firearms dealer, called the bill "a piece of legislation looking for a problem."

Lawson pointed to the fact that last year, 286 people who tried to buy guns from licensed dealers failed the background check because they are legally barred from possessing a weapon. Prohibited people attempting such a purchase have committed a crime -- but are virtually never arrested.

"Why would you think that more arrests would be made," Lawson asked, if 286 people who have committed a crime are walking the streets.

"If I had 1,000 more troopers we would lock them up," Sapp replied.

Andrew Jennison, an NRA official, said the annual gun shows at the Nur Temple in New Castle have gone on for decades with no apparent problems. If criminals are looking for a gun, he said, they're unlikely to go to a show. "We know they buy these weapons on the street, stolen, at half the price," he said.

But Sen. Harris B. McDowell, D-Wilmington North, sponsor of the bill, said the legislation would close a venue for criminals to buy guns.

"We're trying to close a loophole that clearly ... permits illegal ownership of firearms," McDowell said.

Only four out of the six committee members attended the hearing, and it takes four votes to get a bill out of committee. Blevins said the bill lacked the votes among those present, but "that does not mean that it won't be released." The sponsor can seek signatures from those who did not attend.

http://www.delawareonline.com/print/article/20110602/NEWS02/106020336/Delaware-government-Gun-show-ID-checks-set-off-fireworks