Montgomery County Goes After Fairground Gun Shows

Ban Would Cover Sites Getting Public Funds
Jo Becker, Washington Post Staff Writer
May 17, 2001


The Montgomery County Council passed legislation yesterday that would cut off county funding for any group that allows the display and sale of guns on its property, restrict where gun shows can be held and impose new regulations on gun show promoters.

The council's primary objective was to put an end to gun shows by Silverado Promotions at the Montgomery County fairground, which is privately owned but has received government grants.

The council's 5 to 4 vote came after a flurry of amendments that left observers, and even some council members, questioning exactly what had passed. County Executive Douglas M. Duncan (D) is expected to sign the bill into law, but his spokesman said that "given the last-minute drafting that went on, we want our lawyers to have a look at it."

Gun-control advocates left happy, if a little confused.

"Our premise has never been to restrict gun shows in Montgomery County -- it's been the taxpayer involvement issue," said Tierney O'Neil, president of the Montgomery County chapter of the Million Mom March. "This has been a very interesting struggle in terms of our desire for legislation that does that and yet still respects the right of the gun promoter."

Frank Krasner, the owner of Silverado Promotions, said officials of the fairground in Gaithersburg already have notified him that if the bill becomes law, he will no longer be able to put on a gun show there. He plans to challenge the law in federal court "as soon as possible."

Similar legislation has been tried elsewhere with mixed legal results. In 1997, a federal appeals court in California ruled that Santa Clara County's ban of gun show sales at a county fairground was an unconstitutional attempt to suppress truthful speech about a legal product.

Gun-control advocates nationwide have targeted gun shows, because in many states a person can purchase a weapon at a gun show without a background check. But Maryland has closed the so-called gun show loophole, which means people who purchase handguns at gun shows must undergo the same background check and five-day waiting period that they would if they purchased the guns at a store. Council member Philip Andrews (D-Rockville) said that fact, coupled with the fact that "there's been no evidence of problems at gun shows at the county fairgrounds," led him to oppose the bill. He was joined by council members Michael L. Subin (D-At Large), Marilyn Praisner (D-Eastern County) and Nancy Dacek (R-Upcounty).

Andrews said the law would set a bad precedent, forcing county officials to review every activity at facilities that receive county funds. "There are other activities people object to at the fairgrounds, like the rodeo," he said. But supporters said the county must send a signal that it will do what it can to reduce the availability of guns within its borders.

"I believe we should do everything we can to prohibit or at least discourage them," said council member Steven A. Silverman (D-At Large).

"What this bill does do is make life more difficult for gun dealers," agreed council member Derick Berlage (D-Silver Spring).

The bill would prohibit county funding to organizations that have gun shows. Any organization that received money after Dec. 1 of this year would be forced to repay it if it subsequently allowed gun shows.

The bill also would extend the county's "gun-free zones" to include "multipurpose exhibition facilities" that receive financial support from the county or that allow other public events on their properties during a gun show. Although this portion of the bill would not necessarily apply to Gaithersburg, which as a municipality must choose to adopt the county law for it to apply, supporters hope the measure will further limit gun show promoters' options. Under the legislation, promoters would have to obtain a gun show permit from police. Permit requirements would include a photo identification and fingerprint and background checks.

Promoters who admit minors could not conduct a gun show while any other public event was occurring on the same property unless the show were inside a separate, enclosed structure. And they would be required to provide notice to the county police department and hire adequate professional security to ensure that the new regulations were followed.