New rules on gun-show sales working, county officials say

An Orange County ordinance crafted to tighten firearm sales at gun shows and flea markets is functioning as hoped, county commissioners were told this week.

“In total, it seems like everything is working,” said Assistant County Attorney Sawson Mohiuddin, who provided an update on the measure adopted in May.

But problems remain with the ordinance, designed to close the so-called “gun-show loophole,” now requiring a private seller of a firearm to screen the eligibility of a prospective buyer before striking a deal at a gun show or flea market.

A national criminal background check in Florida is available only to a federally licensed gun dealer.

The Florida Department of Law Enforcement conducts the checks for $5 each but isn’t required to do them for unlicensed sellers — and doesn’t, agency spokeswoman Angela Starke said.

Shoot Straight, Central Florida’s largest firearms dealer, stepped in to run background checks for unlicensed sellers at both gun shows held in Orange County since commissioners passed the ordinance in May, Mohiuddin said. But they don’t have to. Commissioner Betsy Vanderley said she’s happy how it’s going.

“I’m really glad things are working out and there is a spirit of cooperation in that industry for the private sellers,” Vanderley said. “We have put these private sellers at the mercy of essentially and, thankfully, willing and helpful licensed dealers but there’s nothing mandatory that they have to continue to do it.”

Calls to Shoot Straight’s corporate offices weren’t returned.

The new rule also requires sellers at a gun show or a flea market to comply with Florida’s three-day waiting period that separates the sale of a firearm from delivery, when a dealer hands the gun to the buyer. A delay allows authorities to block gun sales to felons.

Mohiuddin said Orlando police and Orange County deputy sheriffs have reported no violations of the new rules.

The county ordinance directed unlicensed sellers to meet the rules’ requirements by requesting the assistance of a federally licensed gun dealer. The county has no other option available, spokeswoman Doreen Overstreet said.

Florida Gun Shows, which stages firearms exhibitions throughout the state, announced the county’s new rules during shows in May and July at the Orange County Fairgrounds in Orlando, gun-show manager Kim Treat said.

A third gun show is set for Aug. 18-19 at the fairgrounds.

She said organizers also handed out fliers to alert attendees that unlicensed private sales were no longer permitted inside the premises because of the new ordinance.

A private sale at the show now requires the assistance of someone with a federal firearms license issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Treat said Shoot Straight and other federally licensed dealer have aided private sales at the shows, charging $15 or $20 to cover the cost of the required FDLE check, reviewing paperwork and sometimes holding the gun for three days.

The county ordinance doesn’t prevent an unlicensed gun-owner from selling the firearm from home without conducting a background check of the buyer or observing the waiting period.

Commissioners drew fire from some residents and gun enthusiasts after passing the ordinance.

An email sent to the board and signed “Concerned Orange County resident” vowed to “encourage everyone I know to join me, to stop the re-election of you or any commissioners that vote for these gun-control measures.”

“Neither of these laws would have done anything to stop any active shooter occurrences in the past,” the email said. “Bad guys that are willing to rob and commit murder don't care about these laws and will get their guns regardless.”

But the rules, which passed unanimously, won praise from Andrea Halperin, an Orlando mom and local leader of Moms Demand Action for Gun Sense in America. She said background checks have blocked gun sales to prohibited buyers.

“Anytime you prevent somebody who shouldn’t have a gun from getting a gun — whether it’s one person or 20 people — that’s a good thing for the safety of citizens of Florida,” Halperin said.

Orange County Mayor Teresa Jacobs, in her final year as mayor and now running for county School Board chair, called for the ordinance in the wake of the mass shooting Feb. 14 at Marjory Stoneman Douglas High School in Parkland.

Nikolas Cruz, a former student, is charged with killing 17 people at the school near Fort Lauderdale.

The three-month review of the county ordinance was required because of a clause added by commissioners.