ARIZONA STATE SENATE
Phoenix, Arizona
instant background checks;
gun shows
Purpose
Requires gun show vendors to
obtain an instant background check from the Department of Public Safety (DPS)
on any prospective transferee.
Background
Under federal law, a
firearms dealer includes a person engaged in the business of selling firearms
“who devotes time, attention, and labor to dealing in firearms as a regular
course of trade or business with the principal objective of livelihood and
profit through the repetitive purchase and resale of firearms” [18 U.S.C.
section 921(a)(21)(C)]. Firearms
dealers who meet this definition are required to possess a federal firearms
license (FFL). Federal law does not
specify a particular number of firearms that must be sold to classify a person
as a firearms dealer.
Private individuals who sell
firearms only on an occasional basis “for the enhancement of a personal
collection or for a hobby” or to sell their personal collections are not
required to have FFLs [18 U.S.C. section 921(a)(21)(C)]. Only licensed firearms dealers (those with
FFLs) are required to run background checks on potential customers before
firearms change hands.
Arizona is considered a point
of contact (POC) state. The Arizona
Department of Public Safety (DPS) is the POC for the National Instant Check
System (NICS) and conducts all checks required by federal and state law. In Arizona this means that the DPS Firearms
Clearance Center (FCC) checks all
potential gun owners against the NICS and DPS’ own criminal history
records. NICS’ records include records
from the Department of Defense concerning dishonorable discharges, records from
the State Department regarding people who have renounced their citizenship and
other information not available in criminal records. DPS’ records include fugitive and criminal history, including
probation and parole data, and access to sex offender registration and Arizona
Department of Corrections data.
Before a licensed dealer in
Arizona may complete a firearms sale, the dealer must contact the FCC to
determine if the firearm may be sold to an individual. The checks are “instant checks,” which means
that results are usually received in less than five minutes. The FCC ran 128,696 background checks in
calendar year 2001. During the same
year, 2,671 gun sales were denied by information discovered during the instant
check. An additional 1,021 sales were
denied after additional research was completed within the three business days
required by federal law. Finally, 3,768
sales proceeded after the additional research provided approval of the sale or
the research was unable to be completed within the three-day time frame.
The fiscal impact of S.B.
1128 to the state general fund is unknown at this time; however, fiscal
information has been requested from the Joint Legislative Budget Committee
staff.
Provisions
1. Requires a vendor at an organized gun show to obtain approval from DPS after DPS conducts an instant background check on the transferee and prior to selling or transferring a firearm.
2. Requires a promoter of an organized gun show to post a notice, in a form prescribed by DPS, that contains instant background check requirements.
3. Defines “organized gun show” as an event sponsored to foster the sale or transfer of firearms and at least 25 firearms are offered for sale or at least three gun show vendors are exhibiting or offering firearms for sale or transfer.
4. Classifies violation of this act as a class 6 felony.
5. Specifies that this act does not apply to the transfer of antique firearms, curios or relics.
6. Contains definitions.
7. Provides for a general effective date.
Prepared by Senate Staff
February 1, 2002