ACR137

A Concurrent Resolution memorializing the United States House of Representatives to enact legislation requiring background checks for the sale of guns at gun shows.

Whereas, The United States Senate adopted an amendment on May 19, 1999, sponsored by Senator Frank Lautenberg of New Jersey and Senator Bob Kerrey of Nebraska, to close an existing loophole in the Brady Handgun Violence Prevention Act of 1993 (P.L.103-159) which allows persons to buy firearms at gun shows without a background check and to repeal an amendment, sponsored by Senator Larry Craig of Idaho and adopted on May 12, 1999, which exempted pawn shops from the background check requirements of the Brady Act; and

Whereas, Gun violence is a pervasive, national problem that is exacerbated by the availability of guns throughout the nation; and

Whereas, The Brady Act was enacted in 1993 requiring background checks on persons who purchase firearms in this country to ensure that convicted felons and other prohibited persons cannot purchase guns; and

Whereas, The Brady Act requires persons who are purchasing firearms at pawn shops to have a background check, but also includes an exception allowing persons to legally purchase a gun at a gun show without a background check; and

Whereas, This exception has become a loophole through which criminals and other prohibited persons can obtain guns through gun shows; and

Whereas, Guns sold at gun shows have been transferred illegally to residents of other states and have been involved in subsequent crimes including drug offenses, crimes of violence, property crimes, and the illegal possession of firearms by felons and other prohibited persons; and

Whereas, In New Jersey, the federal Bureau of Alcohol, Tobacco, and Firearms has determined that nearly 80 percent of guns traced to crimes were purchased out of State; and

Whereas, There is an urgent need for the Lautenberg/Kerrey amendment to become the law of this land in order to close the loophole in the Brady Act and keep firearms out of the hands of individuals who are prohibited from purchasing them; and

Whereas, It is altogether fitting and proper and in the best interest of the citizens of New Jersey and the citizens of this great nation to memorialize the United States House of Representatives to pass legislation identical to the Lautenberg/Kerrey amendment eliminating the Brady Act exception on guns sold at gun shows and to retain the background check requirement for guns sold at pawn shops; now, therefore,

Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

1. The United States House of Representatives is respectfully memorialized to pass a measure identical to the amendment sponsored by Senator Frank Lautenberg of New Jersey and Senator Bob Kerrey of Nebraska requiring background checks for purchasers of firearms at gun shows. The House of Representatives is further memorialized to retain the background check requirement for guns sold at pawn shops.

2. Duly authenticated copies of this resolution, signed by the Speaker of the General Assembly and the President of the Senate and attested by the Clerk of the General Assembly and the Secretary of the Senate, shall be transmitted to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, the Senate Majority Leader, and each member of Congress from the State of New Jersey.

STATEMENT

A loophole exists in the federal Brady Handgun Violence Prevention Act of 1993 (P.L.103-159) which allows persons to buy firearms at gun shows without a background check. In addition, an amendment, sponsored by Senator Larry Craig of Idaho and passed by the United States Senate on May 12, 1999, repealed the background check requirement for firearms sold at pawn shops. On May 19, 1999, the United States Senate acted to close the loophole and reinstate the pawn shop background check requirement with the adoption of an amendment sponsored by Senator Frank Lautenberg of New Jersey and Senator Bob Kerrey of Nebraska. This concurrent resolution memorializes the United States House of Representatives to take an identical step to help stem the gun violence that has plagued this nation. The resolution notes that gun violence is a pervasive, national problem that is exacerbated by the availability of guns at gun shows throughout the nation.

The Brady Act was enacted in 1993 requiring background checks on persons who purchase guns in this country to ensure that convicted felons and other prohibited persons cannot purchase guns. The Brady Act requires persons who are purchasing firearms at pawn shops to have a background check but also includes an exception allowing persons to legally purchase a gun at a gun show without a background check. This exception is a loophole through which criminals and other prohibited persons can obtain guns without background checks through gun shows. These guns are then transferred illegally to residents of other states and have been involved in subsequent crimes, including drug offenses, crimes of violence, property crimes, and the illegal possession of firearms by felons and other prohibited persons.

In New Jersey, the federal Bureau of Alcohol, Tobacco, and Firearms has determined that nearly 80 percent of guns traced to crimes were purchased out-of-State.

This resolution memorializes the United States House of Representatives to follow the United States Senate's example and pass identical legislation to the Lautenberg/Kerrey amendment, to require background checks for firearms sold at gun shows and to retain the background check requirement for guns sold at pawn shops.