ProgressOhio

Federal and state laws make it shockingly easy for anyone to buy a handgun at a gun show without undergoing a background check.

In practice, basically anyone without a federal firearms license is allowed to rent a booth at a gun show and sell guns without performing basic background checks and record keeping.

The main requirements placed on unlicensed dealers are:

• don't "engage in the business of selling firearms"
• don't sell to people who they reasonably believe couldn't pass a background check 
• don't sell to people they believe to be straw purchasers (those buying a gun on behalf of someone else)
• don't sell to people who aren't residents of their state.

An investigation last year by the New York Mayor's office showed that the first three requirements were being routinely violated across Ohio. One Ohio "private seller" bragged that he sold 348 assault rifles a year. The vast majority of private sellers sold guns to investigators who said they couldn't pass background checks or implied that the guns were for someone else.

ProgressOhio recently went undercover to see if the fourth requirement, no private sales across state lines, was also being violated.

On the weekend of December 20th, ProgressOhio visited the Bill Goodman gun show at the Sharonville Convention Center to see how prevalent out-of-state vehicle were at the show. Out-of-state vehicles were taped pouring into the show at an average of one every 3.5 minutes. During the course of the weekend, this would mean over 250 out-of-state cars.

To be clear, we are not implying that each of these, or even the majority of cars were violating federal law. It is legal for them to purchase bullets, accessories or knives  from anyone and long guns (rifles and shotguns) from federally licensed dealers. Also, if they are dealers themselves, they are free to purchase any legally available weapon.

However -

“It is a farce for them to say of the 250 out-of-state license plates, not a single one bought a gun illegally,” Rothenberg said. “We’re not trying to take away anyone’s Second Amendment rights but we want them to do it legally for the protection of our citizens. It’s the right thing to do.”

Attendees interviewed by the Cincinnati Enquirer agreed, saying of the gun show loophole, “It’s just a way for criminals to buy weapons” and “This makes it tough on people are doing it legally.”

And it's not just those attendees who agree. A 2009 poll of gun owners, conducted by noted conservative Frank Luntz, found that 85% of non-NRA members and 69% of NRA members agree background checks should be required on all gun show sales.

Judging by his words, you can count the show's namesake among the supporters. Last October, in response to previous undercover videos, Bill Goodman said:

“I don’t see anything wrong with the background check myself. I don’t want to see anybody packing a weapon if they are not qualified to do so.”

It is clear by his actions however, that he'll only implement this common sense policy if he's encouraged to. Which brings us back to the city of Sharonville. By simply mandating background checks, Sharonville can:

• Implement a policy supported by the overwhelming majority of the public, whether they are in the NRA or have never held a gun
• Significantly decrease the number of illegaly sold guns that end up in the hands of criminals in Sharonville, Greater Cincinnati and across the country.
• Greatly decrease the number of federal crimes taking place on publicly owned property
• Reduce taxpayer exposure to potential lawsuits.
• Help end the gun show loop.

So what's the hold up?

For more coverage of ProgressOhio's investigation, watch the videos at WLWT and WCPO.