In seven Florida counties, there are local ordinances that require background checks in order for a gun to be purchased—even if the purchase is made from an unlicensed seller.
Volusia County is one of those counties—the only one in Central Florida that has an ordinance like that on the books.
[WEB EXTRAS: Volusia County Ordinance 78.1 | Moms demand action for gun sense in America | Gunshow loop hole | White House Gun Control, New Executive Actions | VIDEOS: Gun dealer | Interview with producer]
News 6 went undercover at the DeLand Gun & Knife Show on a Saturday morning to find out if that law was being enforced—and if we could walk away with a handgun without the background check.
First-- a licensed dealer told our undercover producers they needed to wait three days in order to purchase the gun.
So they kept looking, until they found a dealer holding up a sign saying “Guns for sale.” After a brief conversation on what was available and for how much, our producer handed over $350.
After only a glance at the producer’s driver’s license, he was given the handgun, no questions asked.
But it shouldn’t have happened.
That’s because an ordinance in Volusia County is supposed to have closed the so-called gun show loophole. Miami-Dade, Broward, Hillsborough, Pinellas, Sarasota and Palm Beach all have similar ordinances
The ordinance says both licensed and unlicensed sellers are required to do:
-A criminal history background check
- Have a 3 day waiting period to get a gun
-This applies to gun shows, gun exhibits and collectors shows.
The exception: if the buyer has a concealed weapons permit.
But no background check or three-day wait was ever mentioned by the private seller to our producer and we did not see anyone at the show enforcing this county ordinance.
News 6 Investigator Eryka Washington turned the handgun over to the Volusia County Sheriff’s Office, where she revealed what happened.
“It’s certainly disappointing to see that happen because the rules are there for a reason," said Gary Davidson, spokesman for Volusia County Sheriff’s Office.
"Is the onus on the seller to know the rules and regulations in Volusia County?” asked Washington.
"The onus is absolutely on the seller, as well as the people who are organizing these gun shows," said Davidson.
We contacted the organizer of this show-- Sport Show Specialists.
They sent News 6 a photo of a sign reminding sellers of background checks and three-day wait.
Organizers said that sign is posted on the front entrance door and said dealers even sign an agreement stating they will abide by all county ordinances.
So whose job is it to enforce this rule?
"The local law enforcement jurisdiction is the one that's responsible for enforcing it, so if the gun shows within Sheriff's Office jurisdiction, we would enforce it. We do occasional spot checks, we may do a walk-through," said Davidson.
Still, according to Moms Demand Action for Gun Sense in America-- 40 percent of guns sold in this country are sold without a background check.
"No, it would not surprise me that you would be able to do that," said Chryl Anderson of Moms Demand Action for Gun Sense in America. "We need to have universal background checks for all gun sales that happen in our state.”
John Meagher -- a licensed gun dealer—disagrees.
"We don't need more restrictions on gun ownership, we've got enough already on the books, " said Meagher of TD’s Discount Firearms.
But even with an ordinance on the books, we found rules being ignored.
The Volusia County Fair & Expo Center is the only location within Volusia County Sheriff's Office jurisdiction that holds gun shows.
After our investigation, the Sheriff's Office said it will be talking to the county about notification and reminding them about the requirements of the county ordinance.