by David Petronis
President, NEACA, Inc.
Eric Schneiderman wants his resume to read, “I closed the gun show loophole!” But the attorney general of New York State would be grossly mistaken.
There never was one, so it just can’t happen. What he considers is a loophole in the Gun Show Business Law is actually the right an individual has to sell personal property. Any man or woman who owns a gun can legally sell it to anyone else! That right should not cease at a gun show.
What he and others of the “let’s control everything” ideology believe is a crime is, in fact, a constitutionally protected freedom; a United States citizen’s right to keep and bear arms. It’s known as the Second Amendment to our US Constitution. The AG thinks selling one’s personal firearm is a crime. Why? Because he says it is.
Evidently, their view is when a man or woman like you brings your grand dad’s shotgun to the gun show it’s the beginning of a conspiracy to commit a crime.
And simply while exiting your vehicle in the show parking lot if by happenstance your brother-in-law sees you and says, “hello,” the crime begins. Now, both of you being fully involved in this criminal conspiracy, he asks, “What are you doing at the gun show?” And, “What’s in the gun case?” When you reply that it’s your Grand Father’s shotgun that’s been in the closet for 20 years and you want to sell it at the gun show, he asks, “Can I see it?” Now the crime is in progress.
“Sure,“ you say. “I’d rather see it go to someone in the family than a stranger.” Trouble is now brewing and the conspiratorial criminal act is about to unfold.
Your brother-in-law looks at your gun and says, “I’ll buy it, I like the gun.
How much do you want?” It doesn’t matter the cost. You could give it to him for free on the spot or sell it for $50. At that point, when you hand him the gun, you, as a “firearms dealer,” have just committed a crime. And your brother-in-law has just committed a crime of receiving a firearm without going through a federal background check.
If spotted by any police officer in New York State you are subject to arrest, imprisonment and fines. But our NYS Attorney General is proud that he has now “closed” the gun show loophole! The best part of this scenario, even if you both decided to go back to the seller’s or buyer’s home, have a coffee and consummate your deal; you both are still criminals because you met on the gun show grounds with the intent to sell Grampa’s shotgun.
Several months ago I wrote an article for the Sunday Gazette (Jan. 1, 2012), which pertained to a subpoena that Schneiderman sent to me and several other gun show promoters. My offense to the NYS General Business Law, Article 39-DD, S 896, “Operation of a Gun Show” section two, was that I allowed some similar circumstances to occur at two of my shows. Though I haven’t been officially notified of my exact offence, I believe it to be that someone, on the way into my shows, was approached by AG undercover agents and a purchase was made; thereby, an otherwise law-abiding, God-fearing American citizen was deemed a “Firearms Dealer” and arrested for selling a gun without insisting the buyer go through a NICS check. Who knew? Did you know it is a crime to do what transpired? One of my questions to the Attorney General’s office was, how are people going to know it is a criminal offense to sell or give your gun to anyone who you know hasn’t passed a NICS check? The answer, it appears, of educating the NY State total populace about this law is on my shoulders and the responsibility of other gun show promoters. This is another unfunded mandate from the state; this time from the office of the Attorney General. I must educate you about his mandate! According to a draft letter I just received from the AG office I either have to agree to this mandate plus admit I broke the “Business Law” by allowing the above scenario to occur (which is a crime according to his law), pay a fine of $10,000 and fork over another $2,000 for his expenses to perhaps pay for his undercover agents, plus also abide by a host of other new regulatory steps to insure crimes like the above never happen again. But wait! My other choice is to endure continued harassment.
If I don’t agree, I am a criminal; they will continue with the subpoena and seek every piece of paperwork, all computer records, plus personal notes, tax returns, etc. Plus photos of any “empty files” I may have in my file cabinet plus number everything in proper order in a designated position and submit all and any records of my business in a timely manner. Plus give a deposition under oath! I could agree to this new demand, pay the fine and watch my step in the future. But I thought blackmail was illegal.
As a citizen, you have a perfect right to sell your personal property anywhere, anytime and to whom you wish. That is, except your legally owned guns at gun shows! Of course, if you were at a show in our adjoining states of Vermont, Massachusetts, Connecticut, Pennsylvania or Ohio, you could still do the same thing. Only in New York is it a crime. In New Jersey there are no gun shows, but you can own a machinegun. Perhaps Schneiderman may be looking to mimic New Jersey without the machinegun part. I still have my sights set on Jersey though. I’ve spoken casually to Gov. Christy about gun shows in his state. We’ll see.
If you as a free citizen of New York State agree that this whole charade is just that, a political move to enhance a resume, then help me and the other promoters of gun shows by letting your elected representatives know how you feel about your rights being violated. This is not about guns; this is, and always will be, about control! Possibly it is about the elimination of gun shows in NY State.
Guns will never go away; they are a part of the American tradition. Guns make us Americans. Whether you like or dislike this is not the question.
Whether you can sell your personal property is. Who is Eric Schneiderman to tell you, you can’t? Perhaps our Second Amendment Protection Union should be formed so we gunowners don’t become second class citizens.
I am producing other gun shows in New York and throughout the Northeast.
All of these show regulations will be in effect. The following rules now apply; you may not sell your gun to anyone while on the show grounds or adjoining parking lots without having the buyer go through a NICS check; this is illegal. These NICS checks can be performed by any FFL inside the show for a fee. You can, however, sell your guns to any FFL dealer. They are there, in fact, not only to sell guns but to buy new inventory.
But, don’t be discouraged about all these new and proposed regulations.
We can still do business, just in a far more intrusive way. Do bring your guns and other collectables to our gun show dealers and collectors, keep them covered until you enter our show and don’t be caught outside breaking “Eric’s Law.” And all this because you took Grand Dad’s gun out of that freakin’ closet!
