HomeMy WebLinkAboutCP 213 CIT FO WO , TEXAS
0 00 0ACOUNCIL PROPOSAL
Date File Number Subject
8/4/01 213 PROPOSED LEASE RESTRICTIONS FOR GUNSHOWS ON CITY FACILITIES
Proposed by City Ma ager's Review
WENDY DAVIS Page-L-of 1
Proposal:
It is proposed that the City Council direct the City Staff to prepare an ordinance or resolution which
would direct the City Manager to develop reasonable and appropriate restrictions on the leasing of City
facilities for gun shows, including but not limited to, provisions that would allow dealers to transport,
demonstrate, and display firearms on City premises for the purpose of sale or show,but would allow only
licensed dealers to sell firearms on City premises.
Discussion:
In 1993, the United States Congress passed the Brady Handgun Violence Prevention Act, more
co only known as the Brady Act. The Brady Act requires federally licensed licensees (FLL's) to
contact the Federal Bureau of Investigation's National Instant Criminal Background Check System to
conduct background checks on all buyers wishing to purchase a firearm. However,the background check
requirement in the Brady Act does not apply to unlicensed sellers who may sell antiques firearms or
firearms from their private collection. According to a 1999 report by the Bureau of Alcohol,Tobacco and
Firearms ("ATF"), this broadly written exception allows a wide range of handgun sellers to fit within its
definition,providing an avenue for the sale of handguns by persons who are selling much larger inventory
than those anticipated by the exception, and providing our law enforcement officers a difficult time in
proving that the guns being sold are truly those from a "private collection" as anticipated by the Brady
Law exception. Consequently, according to the 1999 report, a large number of handgun sales at gun
shows are made through unlicensed sellers selling handguns without a background check. An ATF
investigation of gun shows cited in the 1999 report found that in 46 percent of those investigations, felons
were either buying or selling handguns. In one-third of those sales, the guns were being used in the
commission of subsequent crimes, including assault,robbery,burglary and homicide.A 2000 ATF report
found that gun shows provided the second highest number of illegally trafficked guns - finding that from
July 1996 through December 1998,over 26,000 firearms were illegally diverted from gun shows.
Attempts at the State and Federal level to tighten gun laws to require background checks of all buyers at
gun shows have been unsuccessful. As a consequence,the cities of Dallas and Austin chose to restrict use
of their city facilities for the sale of handguns to licensed dealers only. San Antonio opted to no longer
allow use of their city facilities for gun shows.
The City should be able to assure its citizens that handguns sold on City premises are not sold to
prohibited persons. However, by allowing unlicensed dealers to sell on City premises, the City cannot
guarantee that those handguns are not falling into the wrong hands.This inability to assure that handguns
are not falling into the wrong hands is contradictory to the City's goal of assuring the safety of its citizens.
The proposed lease restrictions would enable all dealers to transport,demonstrate and display firearms for
the purposes of show or sale on City premises in connections with an approved event, but would only
allow licensed dealers to sell the firearms at an event on City premises.
CITY COUNCIL
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AUG 8 2000