The following is the opinion and analysis of the writer:
Mike Humphrey
For many years, Pima County and the Southwestern Fair Commission have allowed an outside operator to conduct quarterly gun shows at the Pima County Fairgrounds. Both Federal Firearms Licensed (FFL) dealers and private individuals sell firearms at these events. While the FFL dealers are required to conduct background checks to ensure that potential purchasers are not “prohibited possessors” (individuals who cannot legally own firearms), private sellers are not required to perform these checks.
The unregulated sale of firearms by private sellers risks providing guns to prohibited possessors. They also encourage sales to “straw purchasers” (persons who can legally purchase firearms, but do so on behalf of prohibited possessors). Both types of sales pose a danger to the community.
Regarding this danger to community safety, the Pima County Sheriff has stated, “…to allow someone to sell guns without a background check anywhere on the planet is lunacy.”
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In 2022, Congress passed the Safer Communities Act. As part of the implementation of that Act, the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) adopted Rule 2022-R17 in 2024. The Rule requires the ATF to screen private sellers to determine whether they are in the business of selling firearms. If so, they are required to obtain an FFL and conduct background checks of potential purchasers.
It appeared for a time that this rule would at least partially alleviate concerns about firearms getting into the hands of prohibited possessors through private sales at these gun shows.
Sadly, this has not been the case.
In September 2024, the ATF suspended enforcement of the rule regarding the screening of private sellers and, according to information provided by Pima County, has no future plans to enforce it.
It is also unclear as to what role ATF currently plays or will play in the future to ensure that other federal laws and regulations are enforced at future gun show events. According to information provided by Pima County, neither the ATF nor the US Attorney for Arizona is providing guidance to the county regarding regulatory oversight at the fairgrounds.
This situation is further complicated by state preemption laws, which preclude counties from enacting laws or regulations that would address this apparent enforcement gap.
Given the current uncertainty regarding the enforcement of federal law at the fairgrounds gun show, as well as the county’s own inability to provide regulatory oversight, the Pima County Attorney should assist the Board of Supervisors and the Southwestern Fair Commission in assessing the current enforcement situation and determine if it is safe to continue hosting these events.
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Mike Humphrey is a member of the Pima County Board of Health and the Arizona Daily Star Editorial Advisory Board.
