A Winning Issue

It has already been well chronicled that gun control supporters fared well in the November 2 elections. As the Brady Campaign to Prevent Gun Violence pointed out, candidates who endorse common-sense gun laws won Senate races from both sides of the aisle. Victorious on Tuesday were the following Democrats: Barbara Boxer in California; Chuck Schumer and Kirsten Gillibrand in New York, Ron Wyden in Oregon; Barbara Mikulski in Maryland; Daniel Inouye in Hawaii; Richard Blumenthal in Connecticut, Michael Bennet in Colorado; and Chris Coons in Delaware. Then there is the incoming Republican Senator from Illinois, Mark Kirk, who currently serves as the Co-Chair of the Task Force on Illegal Guns in the U.S. House of Representatives.

Much was made of the fact that the National Rifle Association (NRA) endorsed many Blue Dog Democrats running for re-election in the House, but the support of the gun lobby did little to improve their fortunes. Of the 49 Democratic incumbents who lost in the November 2 elections, 29 (59%) had an A rating from the NRA, 27 were endorsed by the NRA (55%), and 25 (51%) received financial support from the NRA. On the flip side, only three of the 101 Democratic House incumbents who co-sponsored legislation to close the Gun Show Loophole (H.R. 2324) lost on Tuesday. The loophole allows private individuals to sell firearms at gun shows without conducting background checks on purchasers or maintaining records of sale.

One particularly interesting House race took place in Virginia’s 11^th Congressional District, where first-term Democratic Rep. Gerry Connolly faced off against Keith Fimian, a local businessman. The 11^th is as “an odd-shaped Congressional District stretching from the rural Virginia horse country near Warrenton, then meandering east through the battlefields at Bull Run, and finally racing north headlong towards the uber-metropolian suburbs of Fairfax and Arlington. Nestled near the armpit of the District lies the impressive headquarters of the National Rifle Association.” In 2009, the 11^th supported the Republican slate, voting for Bob McDonnell as Governor, Bill Bolling as Lieutenant Governor, and Ken Cuccinelli as Attorney General.

The NRA’s endorsement in its home district went to Fimian. The gun issue did not figure large in the race, however, until Fimian made the following controversial comments:

I think that at Virginia Tech, if one of those kids in one of those classrooms was packing heat, I think that would not have happened … The perpetrator of that crime would have thought twice before walking into a classroom if he thought there was any chance of someone being armed and preventing him from doing that.

Gerry Connolly immediately bucked the “conventional wisdom” among Democrats in rural and conservative districts that the gun control issue is “untouchable” and “a loser.” James Walkinshaw, Connolly's campaign manager, told the press that “Keith Fimian's extreme position on guns and outrageous comments about the Virginia Tech tragedy serve to show yet again that he is too extreme for Northern Virginia. Fimian's opposition to closing the Gun Show Loophole, his callous lack of regard for the victims of the tragedy, and belief that guns should be allowed on our schools and college campuses are way out of the mainstream.”

Survivors of the shooting at Virginia Tech also took great offense to Fimian’s remarks. Omar Samaha, who lost his sister Reema during the tragedy, appeared in a television ad sponsored by Americans United for Safe Streets (AUSS). "Ask Keith Fimian why he's protecting criminals, instead of protecting us,” he implored his fellow Virginians. Retired Lt. Col. Peter Read, whose daughter Mary was also killed, accepted an apology from Fimian for his remarks, but noted, “He has yet to decide his answer on the simple question of whether he'll support background checks for every gun sold at a gun show. I need my representative in Congress to know the answer to that question.”

The pressure to clarify his stance on these issues became so intense that Fimian’s campaign literally began to run from questions.

Overcoming a massive wave that saw the Republicans gain 60+ seats in the House, Connolly prevailed in the 11^th on Election Day. He currently holds a 935-vote lead over Fimian, with only 300 ballots left to be counted. As one voter told The Connection Newspapers, “I heard some comments that one of the candidates made about Virginia Tech, and I decided to come out and vote for the other guy.”

Even the blog Red NoVA had strong words on the matter: “Keith’s comments saying that if a student was ‘packing heat’ there would have been fewer deaths were incredibly insensitive and damaging to his cause … To make matters worse, this entire drama unfolded on every network news station in the DC region.”

Time will tell if other Democrats in the Commonwealth and across the country catch on, but public safety was clearly a boon to the party in an otherwise disastrous 2010 election. Resources also make a difference—AUSS spent $450,000 on ads and mailers in the VA-11 race and it paid off. Far from a liability, strong support for policies to keep guns out of the hands of criminals is a career booster.

What's Going On (at Gun Shows): Caught on Video

Last month, Bullet Counter Points reported on a new study by Dr. Garen Wintemute of UC Davis that uncovered widespread illegal activity at gun shows in 19 states. This month sees the release of an equally revealing—and disturbing—study about these largely unregulated events.

On October 7, the City of New York released “Gun Show Undercover: Report on Illegal Sales at Gun Shows.” The report details undercover investigations that took place at gun shows in three states–Tennessee, Nevada, and Ohio—between May and August of this year. Private investigators were hired by the Office of NYC Mayor Michael Bloomberg to perform sting operations on federally licensed firearm dealers and unlicensed private sellers at 14 different shows in that time-frame.

The investigations expose the dangers of the “Gun Show Loophole,” which allows individuals who are “not engaged in the business of dealing firearms” to sell guns to others without conducting background checks or maintaining records of sale. Private investigators posing as purchasers approached 33 unlicensed sellers and told them that they “probably couldn’t pass a background check.” 22 (or 67%) of the private sellers responded with quips like “I don’t care” or “I couldn’t pass one either, bud” and sold a gun to them anyway. In these transactions, 20 semiautomatic handguns and two semiautomatic SKS assault rifles were sold illegally to investigators (it is against the law for private sellers to transfer a firearm if they have reason to believe the purchaser is prohibited under federal law from buying guns)

It also became apparent that many of these unregulated private sellers—despite not having a federal license—were indeed “engaged in the business” of dealing firearms, and therefore breaking the law. One seller in Sharonville, Ohio, told investigators that he had sold 348 assault rifles in “just under a year” for $174,000 in revenue.” Another seller had “over 100 guns on display in twelve professionally designed cases.” Others acknowledged that they sold firearms at gun shows on a regular basis.

Not that the record of licensed dealers was much better during the investigations... 17 licensed dealers at the shows were approached by investigators who simulated a “straw purchase.” In a straw purchase, a prohibited purchaser recruits an individual with a clean criminal record to fill out paperwork, pass the background check, and purchase firearms for him/her. Only one licensed dealer refused to sell investigators a gun in this manner, despite the fact that it constitutes a federal felony offense. In these sales, 16 semiautomatic handguns were sold illegally.

Undercover videos of several of these illegal sales can be viewed here.

The guns purchased in the NYC investigation were turned over to law enforcement authorities and did no harm in nearby communities. Two homicides that were recently reported in the media show the real-life damage that can be done by guns that are trafficked from gun shows, however.

A revolver sold by a private seller at a Reno gun show was recently found at the scene of a murder in Oakland. The seller informed authorities that the woman who purchased the gun suggested to him that she would not be able to pass a background check.

In Dayton, Ohio, a police officer who lost his wife tragically to gun violence in 2000 recalled that the murder weapon came from Bill Goodman’s Gun and Knife Show—one of the shows investigated by NYC authorities. “I’m a firm proponent of the Second Amendment,” said Officer John Beall, “but it is true that the subject who killed my wife walked into Bill Goodman’s gun show, no questions asked, while under indictment [and purchased the gun].”

As Mayor Bloomberg recently said, “This is an issue that has nothing to do with the Second Amendment; it’s about keeping guns from criminals, plain and simple.” That much is obvious—and we hope that President Obama and the ATF will pay heed to a paper recently sent to them by Mayors Against Illegal Guns (of which Mayor Bloomberg is a co-chair) entitled “Blueprint for Federal Action on Illegal Guns.” This document contains many important recommendations on how to better regulate gun shows—none of which require action from a U.S. Congress that lives in fear of the gun lobby.

No License? No Problem.

For years, the Coalition to Stop Gun Violence has called attention to the problem of “bad apple” gun dealers who violate federal regulations and sell firearms that are later used in crimes. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) reports that just 1.2 percent of dealers are the source of over 57 percent of guns found on crime scenes.

A recent story demonstrates how easy it is for these “bad apples” to continue arming criminals even after ATF has revoked their licenses to sell firearms. The story focuses on Project Blackhawk, a two-year investigation of an organized gun and drug-smuggling ring between the United States and Canada. As part of the investigation, authorities traced more than 200 crime guns to one particular Chicago-area dealer, Ugur “Mike” Yildiz.

Yildiz was the owner of Chicagoland Bells, a gun shop in the suburbs of Chicago. In 2003, just one year after the store opened, ATF agents inspected it and found 500 violations of the Gun Control Act. Soon thereafter, the agency revoked Yildiz’s federal license to sell firearms. Instead of confiscating his remaining inventory, however, the ATF allowed Yildiz to transfer 200 guns from the store’s inventory to his personal collection of firearms. Yildiz then illegally smuggled these guns across the Canadian border and sold them to criminals and traffickers. Ontario police have seized 80 of Yildiz’s guns from gang members and have even connected one with an attempted murder.

Current law requires individuals “engaged in the business” of dealing firearms to possess a federal license, to conduct background checks on purchasers, and to keep records of sales so firearms can be subsequently traced if they are later used in crime. Private or “hobby” sellers, however, are exempt from these requirements under a loophole created by a 1986 law, the Firearm Owners Protection Act. Once Yildiz transferred his store’s guns to his “private collection,” he was able to evade government oversight altogether.

This is not the first time a bad apple dealer has exploited the Fire Sale Loophole. A similar situation occurred at Valley Gun Shop in Maryland in 2004. ATF recorded 900 violations of federal law by gun shop owner (and then-National Rifle Association Board member) Sandy Abrams and revoked his license to sell firearms. With legal assistance from the NRA, Abrams sued the federal government, seeking an order that would allow him to continue selling guns privately. The Bush Administration and the Department of Justice concurred with Abrams and announced in court papers that “when a dealer loses his license he can dispose of his inventory by selling those firearms” privately without being charged for illegal dealing in firearms. Through such unregulated private sales, Abrams continued to sell guns, one of which was an assault weapon later used by a criminal to shoot at police.

The NRA has worked with Members of Congress to codify the Fire Sale Loophole through the ATF Modernization and Reform Act. This legislation would enhance the ability of prohibited purchasers to obtain firearms without undergoing background checks.

Mayors around the country, however, have stood against the bill and are determined to close the Fire Sale Loophole for good. Mayor Michael Bloomberg of New York City and Mayor Thomas Menino of Boston are the co-chairs of Mayors Against Illegal Guns, a coalition which joins over 320 mayors from 45 states in opposing unlawful gun trafficking. Their proposal to close this loophole is common sense. Dealers who repeatedly violate federal law clearly pose a threat to public safety and should not be allowed to sell firearms without processing any paperwork after their licenses have been revoked.