Highlights Success Of Model Gun Show Procedures And Cooperation With Gun Show Operators That Ensure Firearms Stay Out Of The Wrong Hands

Last week, Attorney General Eric T. Schneiderman toured the Syracuse Gun Show, one of the largest in the state, to highlight the success of the show and the Model Gun Show Procedures developed by the Attorney General’s Office. These procedures, which all known gun show operators in New York have agreed to follow, mean a background check is conducted on virtually every firearm sold at gun shows in New York State. The Syracuse show, run by the New York State Arms Collectors Association, Inc., was among the first to sign on to the Model Procedures.

During the tour, Attorney General Schneiderman was briefed by the show’s operator, Sandy Ackerman, and NYSACA Director Doug Roberts on the implementation of the Model Gun Show Procedures, including a rule that ensures all guns brought into the gun show 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.

“By working in cooperation with gun show owners across New York State, we are keeping dangerous weapons out of the wrong hands and at the same time ensuring that responsible citizens can exercise their right to lawfully buy firearms,” Attorney General Schneiderman said. “I’m impressed by what I’ve seen at the Syracuse Gun Show today, and I commend the show’s operator for joining us in taking smart, reasonable steps to help keep our homes and our communities safe.”

Sandy Ackerman, president of the New York State Arms Collectors Association,said, “We have worked closely with Attorney General Schneiderman’s office to ensure that his model protocols, which are helping us put on an even safer and a better gun show, are firmly in place. With them, we put safety first and protect the rights of our many law-abiding gun enthusiasts. The procedures, many of which we’d instituted previously, are working well. We have been pleased to work with the Attorney General who holds us in high regard and on an issue which is of critical concern to all of us.”

Douglas S. Roberts, director of New York State Arms Association,said, “Not only have our organization’s directors, show managers, and dealers worked with Attorney Schneiderman’s office, they have also worked with the New York State Police, New York State Sheriff's and local police departments to ensure all laws are followed. We are honored to have Attorney General Schneiderman and his staff attend our show.”

The model procedures grew out of an undercover investigation conducted by Attorney General Schneiderman's office in 2011, which found that private sales of guns—made without background checks-- were a common occurrence at gun shows. After that sting operation, the Attorney General's Office and several gun show operators worked together to develop the 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.

Three dozen gun show owners operating more than 80 gun shows in New York have signed the protocols, which cover every known gun show operator in the state.

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 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 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 10 years, as required by New York’s 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.

These model procedures are part of a broader effort by Attorney General Schneiderman to keep guns out of the hands of criminals and the dangerously mentally ill. This past spring, the Attorney General brokered an agreement with social networking sites Facebook and Instagram to curb illegal sales of firearms on those venues. Under the agreement, Facebook and Instagram will now remove reported posts by users seeking to evade gun laws, prevent minors from viewing posts that sell firearms, and provide education to better inform law-abiding gun sellers.

This matter is being handled by Assistant Attorney General In Charge of the Rochester Regional Office Debra A. Martin. Marty Mack is the Executive Deputy Attorney General for Regional Offices.