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Friday, March 28, 2008

Ordinary People: A Match Made in Hell

The gun lobby never tires of telling Americans that gun owners are law-abiding citizens who make their communities safer by owning and carrying handguns in public. In fact, we are often told that these individuals are the most law-abiding citizens in our country. In many cases, that is probably true. But a recent story from the state of Pennsylvania calls the gun lobby’s blanket claim into question and reveals that gun owners are no different than the rest of Americans, with their own foibles and flaws, which sometimes lead to criminal behavior.

The story involves the unlikely duo of David Downs, a middle-class home owner from Levittown, Pennsylvania; and Sean Hagins, a crack dealer from Trenton, New Jersey. Downs had a nasty crack habit, and when Hagins saw him roll up for a purchase one day in a pick-up adorned with Pennsylvania tags and an NRA bumper sticker, he had an idea. As an ex-felon prevented from buying firearms, he wanted to know if Downs would be willing to buy guns for him in Pennsylvania. In Pennsylvania, handguns can be bought at a gun store in a matter of minutes. In New Jersey, the process can take weeks, even months. It was a match made in heaven—or hell, depending upon your perspective.

After the deal was struck, Downs, a concealed carry permit holder, bought scores of guns over the counter at established gun stores in Pennsylvania, easily passing the required computerized background checks. He failed to note that he was addicted to a controlled substance on the required sales form (which would have prohibited him under federal law from buying guns), but nothing came up in his criminal record and no one questioned him about it. These guns later ended up on crime scenes across Trenton. The owner of one of the stores that sold Downs the guns, commenting on the instant background check system that screens gun buyers, stated, “Maybe there should be a little more than that.”

At CSGV, we certainly agree. In New Jersey and certain other states, those purchasing handguns must obtain a permit through the police. This process involves fingerprinting and a background investigation by law enforcement. Such a process could have turned up evidence of Downs’ drug addiction. Given the flaws in our background check system (many disqualifying records have yet to be transmitted to the federal database), tighter screening makes a lot of sense and is the best way to catch questionable—and sadly, commonplace—activity that might fall through the cracks of a computer check.

6 comments:

Anonymous said...

Okay. Not every gun owner is a squeaky clean, law abiding citizen. Nor is every non-gun owner.

What is the problem? The gun doesn't do anything without human intervention and control. It is a tool. In the right hands it is helpful. In the wrong hands it is a nightmare beyond belief.

If the problem isn't the gun, what is? If it is the human component, it seems dealing with the human component makes sense. The only things I have seen done or tried is to control the law abiding, who are not the problem. Perhaps focusing on those having illegitimate purpose for guns should be addressed.

jcd

stopgunviolence said...

JCD, we agree with you. Guns in the wrong hands are a nightmare, and that is why it is critical to take steps to make sure they don't get in the wrong hands. The problem is 40% of gun transfers in this country take place without a background check (private sellers are not even legally required to check someone's ID). As we've noted, the NICS system is also not foolproof - many disqualifying records that should be in the system are not. The bottom line is that if we are going to tighten these loopholes and stop dangerous people from getting guns, we have to ask law-abiding gun owners to deal with certain minor inconveniences (i.e., undergoing a background check whenever they purchase a gun, getting permitted in certain states for handgun purchases, etc.). These minor inconveniences would be little different than the ones we undergo to make our roads safer in America (i.e., getting a driver's license, registering our vehicles, obeying speed limits, etc.) and they would save lives. - CSGV

Jim said...

Why is it important to point out that the straw buyer was a CC holder?

What he did did not require the use of a cc card....at all.

I do agree with the NRA that most cc holders are VERY law abiding citizens. Just getting pulled over for expired tags as a CC is a pain, for example. (It has honestly helped me improve my driving)

There are thousands of CC holders in the US by now, but this site does not list even hundreds of stories involving CC holders acting in irresponsible or worse ways.

Could it be that the NRA is right? CC holders, as a group, are "more" law abiding than the general populous?

Jim said...

We have to ask law-abiding gun owners to deal with certain minor inconveniences (i.e., undergoing a background check whenever they purchase a gun, getting permitted in certain states for handgun purchases, etc.)"

How could one enforce a transfer between private individuals without criminalizing every transaction that does not go through an FFL or sheriffs dept?

Buying a gun for another is a straw buy and a felony. That should be deterrent enough. What other laws do you have in mind that would absolutely stop such transfers?

Are you suggesting that all gun owners now be subject to random, spot, drug screens? How else would you catch Joe Middle Class Gun Owner turned crack addict?

What "certain states" do you refer too? All those who do not have heavy "safeguards" in place which make it difficult for anyone to buy a gun?

A felon is not going to pay one whit of attention to those laws. (As your story points out)

stopgunviolence said...

Jim, we pointed out that Downs was a concealed carry permit holder because that is the subject of this series of blogs. We are questioning whether CCW holders are indeed the "super-citizens" that the gun lobby repeatedly makes them out to be.

As for why we don't list hundreds of stories commenting on irresponsible concealed carry permit holders, we don't really have the time to do so, nor is the purpose of this blog to comment solely on that topic.

A better source for you in the short-term might be the Sun-Sentinel's investigation into concealed carry permit holders, which identified more than 1,000 permit holders who were a direct threat to public safety.

That said, we continue to see disturbing stories about CCW holders on a regular basis, and our "Ordinary People" series will continue. - CSGV

stopgunviolence said...

Jim, the whole point of a law deterring private sales is to criminalize those sales, and that is the way the law is enforced in the small number of states that require background checks on all such sales.

The Virginia Tech Review Panel advocated for such a measure in their final report, and put it thusly: "In an age of widespread information technology, it should not be too difficult for anyone, including private sellers, to contact [the appropriate federal and/or state database] for a background check that usually only takes minutes before transferring a firearm." We couldn't have said it better ourselves.

As far as we know, the only people who have something to fear from background checks are those who can't pass them - criminals, gun traffickers, terrorists, and the like.

Your final questions about what set of laws could have stopped Downs are answered in our blog. Any handgun permitting process that actually conducted an investigation into Downs' background could have turned up the obvious red flags in his history. - CSGV