NY State Gun shows score legal victory
Date: Sep 19, 2005 8:55 PM
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Gun shows score legal victory

Judge says statute defining events too broad, infringes on
free speech

Gary Craig
Staff writer

(September 17, 2005) ? A federal judge Friday tossed out a
significant portion of New York state law regulating
firearms sales at gun shows.

U.S. District Judge Charles Siragusa determined that one of
the statute’s definition of a gun show is so broad that it
“infringes on … constitutionally protected rights to free
speech, assembly and petition.”

Several area sporting clubs last year challenged the
constitutionality of the gun show definition. Under the
law, sellers at a gun show must be prepared to provide
background checks on possible gun buyers. The show operator
otherwise can face civil penalties up to $10,000.

One portion of the law describes gun shows as events held by
organizations devoted to firearm collecting or competitive
shooting. At oral arguments in July, Siragusa questioned
the state Attorney General’s Office about the reach of the
statute. Echoing the claims of the sporting groups,
Siragusa said the statute could force gun clubs to be
prepared to do background checks at pancake breakfasts they
sponsored.

Assistant Attorney General Charles Steinman said the
Legislature’s intent was evident, and “we are not going to
(seek) civil actions or enforcement under that situation.”

Siragusa decided, however, that the statute should be
narrowed so that it is clear what activities qualify as gun
shows.

A second definition of gun show still stands in state law.
The state can still require background checks on gun buyers
at events where:

# At least 20 percent of the exhibitors are firearms
exhibitors.

# Ten or more firearms exhibitors participate.

# 25 or more handguns are for sale.

# 50 or more guns are for sale.

Scott Garretson, the lawyer for the sporting clubs, said the
latter definition makes legal sense and clearly applies to
what most people consider a gun show.

“Every gun show I’ve been to that bore the name ‘gun show’
would have met those criteria,” Garretson said.

Steinman said Friday that the Attorney General’s Office will
decide whether to appeal Siragusa’s ruling.

The lawsuit also challenged the state’s use of CoBIS, or
Combined Ballistic Identification System, which requires
that most new handguns sold in the state be test-fired so
the state can file specific ballistics information into a
database. The lawsuit contended that citizens who buy and
sell guns legally are entered into the state database even
though they have no connections with crimes.

Siragusa ruled the system constitutional.