"Like Buying a Candy Bar"

On July 14, U.S. Rep. “Bobby” Scott (D-VA)—the Chair of the Subcommittee on Crime, Terrorism, and Homeland Security—co-hosted a Congressional Forum with Reps. Mike Castle (R-DE), Carolyn McCarthy (D-NY) and Mike Quigley (D-IL). The forum was designed to explore the merits of H.R. 2324, the “Gun Show Loophole Closing Act of 2009.”

The “Gun Show Loophole” is a serious gap in our nation’s gun laws which allows individuals to buy firearms without undergoing a background check. Federal law mandates that all federally licensed firearms dealers (FFL’s) administer background checks to purchasers. In 37 states, however, the Gun Show Loophole allows “private sellers” who are “not engaged in the business of dealing” firearms to sell guns without processing background checks or keeping records of sale.

The forum began with a series of undercover videos that illustrate how easily the Gun Show Loophole can be exploited. One video from the City of New York showed investigators buying firearms from private sellers at seven gun shows in three states. The city’s investigators conducted “integrity tests” where they told the sellers outright that they “probably couldn’t pass a background check.” Nonetheless, 19 out of 30 private sellers sold them guns anyway in violation of federal law. One private seller from Ohio was caught on tape bragging that he had sold 348 assault weapons in the previous year (no federal agency monitors private individuals’ income to determine if their principal source of livelihood is firearm sales). He then told the investigator not to worry about not being able to pass a background check, stating, “I don’t care ... I wouldn’t pass one either, bud.”

Those present then heard testimony from two panels of law enforcement officials, municipal officials, and gun violence survivors. Some of the most informative testimony came from Gerald Nunziato, a retired Special Agent with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Nunziato worked for the ATF from 1970 to 1999 in Michigan, Ohio, Florida, Maryland and Washington, D.C. Nunziato’s extensive experience with illegal firearms trafficking investigations showed him that “gun shows are a major outlet for burglars to sell stolen firearms and a place for criminals to shop for the types of firearms they desire.” Nunziato observed that criminals frequently “sought out the known firearms traffickers who would go to gun shows to obtain the type of weapon they needed.” “Buyers at gun shows have a huge selection of firearms and the sellers of stolen firearms and those with criminal intentions have little fear of being detected,” he stated. Perhaps most disturbingly, Nunziato noted that during his time as head of the ATF’s National Tracing Center, 45% of guns used in crime nationally were untraceable, in large part due to unregulated private sales, which leave no paper trail for law enforcement to follow.

Colonel (Retired) W. Gerald Massengill, a former Superintendent of the Virginia State Police, also provided compelling testimony. Following the 2007 mass shooting at Virginia Tech, Massengill chaired the Virginia Tech Review Panel, which recommended requiring background checks for all private sales, including those at gun shows. A firm believer in Second Amendment rights, Massengill stated the problem very simply: “A gun can be legally bought from a private sale at a gun show in Virginia today with no questions as to your identity or background—much like buying a candy bar in a candy store. It seems to me that common sense tells us that such sales are not in the interest of public safety ... We, as a society, need to do all that’s reasonable and prudent to ensure that firearms cannot go, unabated, to felons and the adjudicated mentally ill.” The Virginia Statehouse News has posted two videos of Massengill discussing the Gun Show Loophole outside the forum here.

Virginia Tech survivor Colin Goddard was the final—and perhaps most powerful—speaker at the forum. Goddard was shot four times in 10 minutes at Virginia Tech on April 16, 2007; 10 minutes that, he said, changed his life forever. Although Virginia Tech shooter Seung-Hui Cho acquired his handguns legally through FFLs, Goddard noted that “he could have easily attended any of the dozens of gun shows that take place throughout Virginia each weekend and bought the same weapons from a ‘private seller’ with no background check into his mental history, and no questions asked.” Goddard knows this first-hand, as last summer he travelled to gun shows in Texas, Ohio, Maine, Minnesota, and Virginia and recorded undercover videos of private firearm sales. He and a friend were able to buy semiautomatic handguns and assault weapons without showing any ID or undergoing any background checks. Goddard even purchased the same handgun that was used to shoot him—cash and carry. No transaction took more than five minutes to complete. “Why should sellers at one table be required to run background checks, when the sellers, literally two tables down—with the exact same weapons—are allowed to sell their guns to anyone who just has the cash in hand?” Goddard asked those in attendance. “It’s no mystery why the guns sold by so-called ‘private sellers’ are often more expensive than the exact same model sold by licensed gun dealers. Purchasers who know they can’t pass a background check are willing to pay a premium. One seller told me straight up, and I quote, ‘No paperwork, no tax, that’s gotta’ be worth something.’” As Goddard noted, “For gun traffickers, domestic abusers and felons who can’t pass a background check, that’s worth plenty.” Rep. Castle described Goddard’s testimony as the “most compelling” he has heard during his time in Congress.

The National Rifle Association continues to oppose closing the Gun Show Loophole and claims that gun shows are frequented not by criminals, but by millions of “law-abiding citizens, collectors, hobbyists, hunters, target shooters, law enforcement officers and memorabilia shoppers.” Why then, Gerald Nunziato asked, is the carrying of loaded firearms strictly prohibited inside gun shows? The lawless and dangerous atmosphere inside these events was highlighted this month when the Wyoming Department of Revenue suspended sales tax collections at gun shows because of violent threats that were being received by the state’s field tax agents. Dan Noble, director of the department’s excise tax division, said that “every one” of his state agents has experienced “animosity” from gun show attendees, and “because there are guns there...I don’t want to put my people at risk.”

H.R. 2324, the “Gun Show Loophole Closing Act,” currently has 109 co-sponsors in the House of Representatives. Its Senate counterpart, S. 843, the “Gun Show Background Check Act,” has 17 co-sponsors. You can help by calling your Members of Congress today at (202) 224-3121. Ask them to co-sponsor H.R. 2324/S. 843 and encourage their colleagues to do the same!

CSGV Mailbag

Recently, after a tragic assault weapon shooting spree in Alabama that cost 11 Americans their lives, the National Rifle Association informed the country that it was an inappropriate time to debate policies to prevent gun violence as the afflicted community was in mourning. Given that 82 Americans die from gun violence every day, it leads one to wonder if the gun lobby’s “right time” will ever come.

Thankfully, though, not all opponents of gun control heed the NRA’s gag order, and we are blessed to receive some wonderful missives that advance the national dialogue on this critical issue. Over the past six months...

We heard from fans of CSGV President Mike Beard’s “Mondays with Mike” blog...

From: lawrence mattera [lawrence.mattera@sbcglobal.net]
Subject: Mondays with the “Porky little bastard”
Date: March 31, 2009

Call mike what he is .

We heard from those seeking gainful employment...

From: Karl Hadley [kaveman1@centurytel.net]
Subject: job opportunity
Date: March 28, 2009

I'd like to apply for the job of lying to dumb-ass people on your behalf. I have absolutely no problem telling and constantly repeating blatant lies in order to make cash. Hire me you stupid bitch.

We heard from those that believe that nonprofit employees can afford “personnel bodyguards” and who we’re eager to make a bet with...

From: Michael Beairsto [mbeairsto@cfl.rr.com]
Subject: Stop sending me your propaganda
Date: March 11, 2009

...Most of America knows that once you get a law passed to outlawing assault weapons your group will go after hand guns than hunting rifles, than bows and arrows, than knives, than forks, steak knives and spoons. Get my drift.

If my family and I lived in a well protected community and could afford personnel body guards just like you folks, I probably would side with your organization on this issue. But, I don't live in guarded communities so if you please I would like to maintain the option to buy a gun if I ever feel like I needed to in order that I may protect my family. Or would you tell me, oh well, so sorry, it’s not your fault if I can’t live in a gated community and my your family dies by the hand of some criminal who can and will get a gun no matter what laws you get on the books. But, that’s right we poor common people are just what, a commodity that can be replaced at the drop of a hat. Does that sound about right for all you goody-to-shoes in the world

By the way I do not own any guns. Just wanted to clear that up for you. But I’ll bet a buck you do.

... The way I see it, if you don’t own a gun take of the rose colored glasses and look at the real world around you, it will scare the crap out of you ...

God help us if your side wins. Oh yeah, you probably don't believe in God either. I just hope my family and I are gone from this world before your side wins.

Mike Beairsto
Palm Bay, Fl

We heard from loquacious and heavily-armed insurrectionists...

From: Christopher J. Jones
Subject: Thanks for your support
Date: February 16, 2009

I just wanted to say thank you for all the work you do. Thanks to your organization and others incompetence regarding guns, I am now able to purchase just about any gun I want. I am the proud owner of 3 “ASSUALT RIFLES” and 5 “HAND GUNS”. I feel it’s only a matter of time before the 2^nd Amendment is realized and the infringements currently placed on weapons are completely removed from the books and I may be able to purchase an “AUTOMATIC RIFLE” ... You have to understand, the 2^nd Amendment protects the individual right to purchase, store, and bear arms and that “right” will not be “INFRINGED”. That includes bans on evil magazines and pistol grips too. It was not meant to protect hunters or target shooters…but rather enable people like you and me to have a defense against a tyrannical government, should one ever come to power ...

We heard from the next Monty Hall/Howie Mandel...

From: MOOSE1620@aol.com
Subject: gun violence
Date: February 15, 2009

i'll make you a deal. you take EVERY gun away from EVERY criminal in the country, and i'll give you my guns, but so long as even one criminal has a gun... leave me, my guns AND my right to carry that gun alone. deal?

... law abiding citizens such as myself ( i live just outside the city of Detroit, MI.) do not carry a gun because we are afraid, we carry them so we don't ever have to be afraid. I would dare any one of you people to walk down the city streets of detroit after dark, alone and unarmed..... i dare ya. those of us that live here don't have a choice ...

if you have anything intelligent to say, please respond. if all you can say is the normal anti-gun bullshit, don't bother.

thank you

john ayrton
eastpointe, michigan

We heard from insurrectionists who understand the definition of “criminal”...

From: Joel Jensen [thejensenhero@hotmail.com]
Date: January 30, 2009

Criminals dont obey gun laws. THATS WHY THEY ARE CRIMINALS. only honest people will follow gun laws.

How can you be so damn one sided?
How can a society protect itself from its government without weapons?
Do you really trust the government?

We even heard from a New Age Gun-Toting Poet...

From: Anonymous
Subject: RE: Gun Control
Date: January 25, 2009

Statistics be damned.
Statistics lie when applied to an ideology.
Violent criminals are a total drain on our society, in equally destructive ways other than homicide.
An armed citizenry has as much right to combat these parasites as the police, which we pay an inordinate amount of money to do so-not to mention the court system, jails, parole, etc.
A dead perp is a very economical solution to this problem.
If we had as many chalk lines as unsolved violent crimes, what would we do with the multi-billion dollar surplus?
What would the wrongfully incarcerated do with their freedom?
What would the victims do with their closure?
How would we handle the peace of mind in knowing that these animals have been thinned to the point of near extinction?
An armed society is a polite society when lethal self defense is respected.
It is our duty to protect our families, not surrender to some creep.
To me it is as clear and clean as a mountain stream, and I am at total peace with this obligation.

And finally, we heard from someone who’s never been to a gun show...

From: Allan Sentineri [mediattack@lycos.com]
Subject: [RE]Stop the NRA's Anti-Democratic Legislation in Senate
Date: September 29, 2008

people who carry around guns tend to be black democrats and liberals
___________________________________________________

Until we open our mailbag again, we are fortunate to be the beneficiaries of this insight into how to save the 30,000+ lives lost to gun violence each year in America.

Looking a Gift Loophole in the Mouth

In July, Bullet Counter Points reported on the “Fire Sales Loophole,” which allows corrupt gun dealers who have had their licenses revoked by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to sell off their remaining inventory without conducting background checks or keeping records. That blog focused on a Chicago dealer who had his license revoked after committing 500 violations of federal law, and yet who was still permitted to transfer 200 guns from his "business inventory" into his "personal collection" of firearms. Those guns ended up on crime scenes in Canada after the dealer illegally trafficked them across the border and sold them off the books to gang members and others.

Now, an equally disturbing story comes to us from Michigan. On August 14, ATF agents and Michigan State Police troopers descended on the Gun Barn in Highland Township and confiscated more than 612 firearms from the store. The owners of the store, Gabriel Kish III and Deborah Summers, were arrested for dealing in firearms without a federal license.

The ATF had revoked Kish and Summers’ Federal Firearms License (FFL) in 2004 for violations of the 1968 Gun Control Act. Despite the threat they posed to public safety, the couple was then allowed to exploit the Fire Sales Loophole and sell off their remaining inventory without conducting background checks on purchasers or maintaining records of those sales.

Kish and Summers didn’t stop there, however. ATF soon received a tip that the couple was continuing to sell guns off the books even after depleting their remaining inventory. An investigation was launched, during which undercover agents were able to purchase firearms from Gun Barn—cash and carry, no questions asked. Now, after several years of dealing guns illegally, the couple has—finally—been put out of business for good.

ATF resident agent in charge Robin Shoemaker admitted that tracing the guns that were sold by Gun Barn after the store’s license was revoked will be difficult, if not impossible—because there is no paper trail whatsoever for the agency to follow in determining who bought them. Commented Special Agent Thomas Brandon from ATF’s Detroit Field Division: “The unlawful sale of firearms, especially dealing firearms without a license, can put guns into the hands of criminals, and put our communities at risk.”

That would seem so obvious that you’d think Congress would have taken action years ago to close the Fire Sales Loophole. Ever eager to please the gun lobby, however, they have yet to even consider legislation to do so. This has the 320 members of Mayors Against Illegal Guns up in arms (pardon the bad pun).

The tragedy is that the simple effort it would take to close the Fire Sales Loophole would do an enormous amount of good. The ATF has reported that just 1.2 percent of licensed dealers are the source of over 57 percent of guns found on crime scenes. Putting this small but dangerous group of bad apples out of business—immediately and permanently—would go far in drying up the gun pool that criminals swim in.