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Results for illegal gun sales

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Author: New York City

Title: Gun Show Undercover: Report on Illegal Sales at Gun Shows

Summary: Every weekend, thousands of Americans in all parts of the country attend local gun shows. Organized by gun-owners associations or professional promoters, the shows offer a chance to browse among dozens, and sometimes hundreds, of vendors. For many Americans, gun shows are a family outing. For the gun enthusiast, there are a huge variety of guns – new and used long guns and handguns, historical curios or related accessories – and for the general shopper there are often other vendors selling clothing, books, or local crafts. The vast majority of vendors and customers at gun shows are law abiding citizens out to enjoy a day with others who share a common interest. Unfortunately, gun shows are also considered a significant source of guns used in crimes. According to ATF, 30 percent of guns involved in federal illegal gun trafficking investigations are connected in some way to gun shows. In response to these concerns, the City of New York launched an undercover investigation of illegal sales at seven gun shows across three states. The investigation shows it is both feasible and easy for criminals to illegally buy guns at gun shows. Gun shows are a unique marketplace for guns because they feature sales from two types of vendors – federal firearm licensees (FFLs) and private sellers. By law, FFLs include anyone who sells guns professionally – at a gun store, a pawn shop, from their home, or at a gun show. Private sellers are individuals who are not “engaged in the business” but who may make “occasional sales” from their “personal collection.” FFLs and private sellers are subject to different federal standards regarding gun sales, most importantly regarding background checks and recordkeeping. FFLs are required to check every buyer in the National Instant Criminal Background Check System (NICS) to prevent sales to felons, domestic violence misdemeanants or other federal categories of prohibited purchasers. NICS checks are done over the phone and are generally instantaneous. FFLs are also required to maintain the paperwork that connects each gun sold to its buyer. These requirements are designed to keep guns out of the hands of prohibited purchasers and prevent gun trafficking by allowing law enforcement to trace guns recovered in crime to their original point of sale. In contrast, because private sellers are presumed to be occasional sellers or hobbyists, they are under minimal regulation. They are not required to run background checks or keep records of their gun sales. However, even though federal law exempts private sales from background checks, it is still a felony for private sellers to sell to an individual they “know” or “have reason to believe” is a prohibited purchaser. Private sellers’ exemption from background checks and recordkeeping is often referred to as the “gun show loophole.” Even though this exemption applies regardless of where private sales take place, gun shows form a central market for prohibited purchasers to connect with private sellers who make anonymous gun sales. Federal law enforcement agencies have repeatedly expressed concerns about the impact of the gun show loophole on crime. According to a 1999 report by the Justice and Treasury Departments, “gun shows leave a major loophole in the regulation of firearms sales” because they “provide a large market where criminals can shop for firearms anonymously.” ATF has said “[gun] shows provide a ready supply of firearms to prohibited persons, gangs, violent criminals, and illegal firearms traffickers.” Presidents Bill Clinton, George W. Bush, and Barack Obama have all called for the end of private sales without instant background checks at gun shows. In addition to concerns about private sales at gun shows, ATF has noted that even FFLs who sell firearms at gun shows are a source of illegally trafficked guns. In 1999, the Departments of Justice and Treasury and ATF reported that 34 percent of the investigations connected to gun shows involved licensed dealers. According to ATF’s report, FFLs at gun shows committed numerous federal crimes, including selling to out-of-state residents, selling without a background check, and engaging in straw purchases. A straw purchase – a federal felony – occurs when a dealer allows someone to fill out the paperwork and undergo the background check, but that person is not the actual buyer of the gun. With no records of private sales at gun shows, it is almost impossible to know the exact extent of criminal activity that occurs there.11 In fact, there are no definitive answers to many basic questions one might ask about gun shows: the number of gun shows in America; how many guns are sold at gun shows; or how many private sellers operate at gun shows. The very aspects of gun shows that make them attractive to criminals – the lack of background checks and recordkeeping – also make it impossible to gather comprehensive information about undocumented sales that occur at those shows. To shed light on the practices of firearms sellers at gun shows, the City of New York launched an undercover investigation of illegal sales. The investigation covered seven gun shows spread across three states: Nevada, Ohio, and Tennessee. Working undercover, agents conducted “integrity tests” of 47 sellers – both licensed dealers and private sellers – by simulating illegal gun sales at gun shows. The investigation sought answers to two questions: Question 1: Would private sellers sell guns to people who said they probably could not pass a background check? Question 2: Would licensed dealers sell guns to people who appear to be straw purchasers?

Details: New York: City of New York, 2009. 37p.

Source: Internet Resource: Accessed June 5, 2013 at: http://www.nyc.gov/html/om/pdf/2009/pr442-09_report.pdf

Year: 2009

Country: United States

URL: http://www.nyc.gov/html/om/pdf/2009/pr442-09_report.pdf

Shelf Number: 128962

Keywords:
Background Checks
Gun Shows (U.S.)
Gun Trafficking
Guns and Crime
Illegal Gun Sales