Pima County, Arizona is a Democratic stronghold in a pretty red state, so it's not much of a surprise to see a local official there taking aim at the gun shows that are regularly held at the county fairgrounds. 

In fact, opposition to the guns shows has been going on for years, so Pima County Board of Health member Mike Humphrey is just the latest in a long(ish) line of gun control fans to call on county officials to end the gun shows over the fact that gun owners who aren't federal licensed firearms dealers are allowed to sell firearms from their personal collection without putting buyers through a background check. 

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.” 

No, it's lunacy to think that criminals are going to abide by a "universal" background check law. It's also insane to think that there's any way such a law could be enforced at the point of sale. A violation of the law can result in criminal charges after the fact, but it won't stop any transfers from taking place. 

Humphrey also appears to be woefully misinformed about the federal regulations involving those "engaged in the business" of selling firearms versus private sellers, who aren't required to have an FFL or put buyers through a background check.

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.

I follow this stuff pretty closely, and I'm not familiar with any announcement by the ATF in September of last year about suspending enforcement of the new rule. A federal judge in Texas did, however, grant a preliminary injunction in June, 2024 that barred enforcement of the rule in the states of Texas, Louisiana, Mississippi, and Utah, along with exempting members of Gun Owners of America, Gun Owners Foundation, Tennessee Firearms Association, and the Virginia Citizens Defense League from the rule's enforcement. 

The ATF also doesn't screen anyone, at least before a sale is made. The rule adopted by the ATF, which went far beyond the statutory language of the BSCA, was so broad that merely offering a single firearm for sale could turn someone into an "unlicensed gun dealer". The goal was, as then-president Joe Biden suggested, to get as close to a "universal" background check scheme as he could without Congress adopting a new law. That's why the new "engaged in the business" rule has been challenged in court, and why the ATF announced last month that it is reviewing the rule with an eye towards formal repeal as well. 

Humphrey admits that his desire to ban gun shows from the Pima County fairgrounds is "further complicated by state preemption laws, which preclude counties from enacting laws or regulations that would address this apparent enforcement gap." But he still thinks local officials should work to end the shows in the name of "safety."

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.

If Pima County officials try to do and end run around the state's preemption law they're going to get sued, and it should be a pretty easy case for a judge to decide. Arizona's firearm preemption law states that a political subdivision "shall not enact any ordinance, rule or tax relating to the transportation, possession, carrying, sale, transfer, purchase, acquisition, gift, devise, storage, licensing, registration, discharge or use of firearms or ammunition or any firearm or ammunition components or related accessories in this state."

Banning gun shows or even enacting a rule requiring every vendor to put every seller through a background check would squarely violate the preemption statute, and it would be a waste of time and taxpayer money. Unfortunately, it wouldn't be the first time county supervisors have adopted a patently illegal gun ordinance. Earlier this year a judge struck down an ordinance that required gun owners to report lost or stolen firearms or risk a fine of up to $1,000, ruling that the ordinance violated the preemption law. 

My suggestion to the Pima County Attorney, the Pima County Board of Supervisors, and the Southwestern Fair Commission is to ignore Humphrey's advice and spare themselves the time and expense of defending another illegal ordinance.