HB 25-1238

Abstract

The act requires a gun show promoter to prepare a security plan and submit the security plan to each local law enforcement agency with jurisdiction over the gun show. The act places certain requirements on a gun show promoter, including requiring the promoter to: Have liability insurance for the gun show; Implement security measures at the gun show, including monitoring all entrances and exits and providing video surveillance of the gun show parking area and main entrance and exit; Prohibit persons under 18 years of age from entering the gun show unless the person is accompanied by a parent, grandparent, or guardian; For each customer who leaves with a purchased firearm, verify that the firearm has been delivered in compliance with the required the 3-day waiting period; and Post certain notices at the gun show. Violating any of the above provisions is unlawful gun show management, which is a class 2 misdemeanor; except that a second or subsequent offense is a class 1 misdemeanor and, in addition to the criminal penalty, the promoter is prohibited from acting as a gun show promoter for 5 years. The act defines a "gun collectors show" as an event sponsored to facilitate the purchase, sale, offer for sale, or collection of only curios or relics or antique firearms, and not any other type of firearm. Gun collectors shows are not gun shows under the act. The act prohibits a person from participating in a gun show as a gun show vendor if the person is not a federal firearms licencee, does not hold a valid state firearms dealer permit, has been convicted of a second offense of unlawful gun show vendor activity as described in the act, or has not completed a gun show certification for the gun show promoter as required in the act. Unlawful participation in a gun show as a gun show vendor is a class 2 misdemeanor; except that a second or subsequent offense is a class 1 misdemeanor. Before participating in a gun show, a gun show vendor is required to certify to the gun show promoter that the vendor satisfies the requirements to be a gun show vendor and will comply with federal, state, and local laws while participating in the gun show. While participating in a gun show, a gun show vendor shall display copies of the vendor's federal firearms license and state firearms dealer permit, keep firearms unloaded and securely affixed to the vendor's countertop or wall, display ammunition in accordance with state and federal law, and include with each sold firearm written information describing secure storage and lost or stolen firearm reporting requirements. Violating any of these provisions is unlawful gun show vendor activity, which is a class 2 misdemeanor; except that a second or subsequent offense is a class 1 misdemeanor and the person is prohibited from participating as a vendor at a gun show. The act maintains the requirement in existing law that a gun show vendor conduct a background check for each firearm transfer at a gun show, but removes the maximum fee a licensed gun dealer may charge for each background check conducted at a gun show. (Note: This summary applies to this bill as enacted.)