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.

"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!

Self-Destructive Tendencies

This year, threats against Members of Congress are up 300%. According to the FBI, “The suspects [responsible for the threats] are mostly men who own guns, and several had been treated for mental illness.” Equally striking is that several of the legislators that have been threatened are ardent advocates for weak gun laws that allow dangerous, mentally incapacitated individuals to obtain firearms with little difficulty.

Case in point is U.S. Representative Heath Shuler, a Democrat from North Carolina’s 11^th District. Shuler received a message on his office voicemail on February 5, 2009 in which the caller stated, “If you vote for that [economic] stimulus package, I’m gonna’ kill you. Simple as that.” An FBI investigation traced the call and found out that it was made by John Jackson Adams, a 70-year-old North Carolina resident with a “history of mental illness and a cache of guns.” When FBI agents confronted Adams, he admitted making the call and explained, “I was trying to work the political scene.”

Adams was charged with threatening to kill a federal official, a felony offense punishable by up to ten years in prison. After a psychiatric evaluation, however, a North Carolina court declared Adams “mentally incompetent” and the charges were dropped on the grounds that he was not fit to stand trial. His current whereabouts are unknown to the public.

Shuler has told the media he was badly shaken by the incident. “You get a threat like that, and you start to rethink your priorities,” he said.

His newly reorganized priorities, however, seem bizarre in light of what he went through. For starters, Shuler obtained concealed handgun permits for himself and his wife. In doing so, he ignored a study published in the American Journal of Public Health last year that showed that carrying a gun makes you more than four times as likely to be shot.

His next move was even more puzzling. Shuler became one of the few Democrats to appear at the National Rifle Association’s 2010 annual convention in Charlotte, North Carolina.

Clearly proud of his A-rating from the gun lobby, Shuler bragged to the NRA faithful that there “isn’t another Member of Congress that buys more ammunition in a year” than he does. He also fondly recalled hunting wild hogs with his young son and boasted, “it just wasn’t any gun...it was his own AR he was using,” referring to a semiautomatic version of the military’s M-16 rifle. “Keep up your good work,” he encouraged the NRA leadership.

That work, however, has not always focused on the interests of responsible, law-abiding gun owners. The NRA seems to be equally concerned with preserving the “rights” of criminals, the mentally ill, and other individuals who are prohibited under federal law from buying guns.

For starters, the NRA filed lawsuits in nine states challenging the “Brady Handgun Violence Prevention Act” after it was signed into law in 1994. The Brady Law established a mandate for background checks to be conducted on all sales of firearms by federally licensed firearms dealers (FFLs) in the country. The NRA claimed that its only issue with the Brady Bill was the five-day waiting period the original bill created for handgun purchasers (which was phased out in 1998 following the introduction of an instant computer background check system), but contradicted themselves when they asked the Supreme Court to void the entire Brady Law. In 1997, the Supreme Court ruled that the federal government could not compel states to submit records to the FBI’s National Instant Criminal Background Check System (NICS), but otherwise left the law intact. The result, however, is a NICS system that is missing millions of state records that should disqualify dangerous individuals from purchasing guns.

The NRA also created a loophole that allows private individuals to sell firearms without conducting background checks of any kind. In 1986, the NRA-drafted McClure-Volkmer Act (aka “Firearms Owners Protection Act”) established that parties “not engaged in the business” of dealing firearms are exempt from the background check requirement. A national survey by the Department of Justice found that approximately 40% of gun purchases occur through unlicensed sellers. Who exactly is buying guns in this manner? We don’t know—there is no paper trail for law enforcement to follow.

Finally, the NRA is currently urging the passage of the “Burr Amendment,” which would allow veterans deemed “mentally incompetent” by the Department of Veterans Affairs to purchase firearms. The proposed amendment requires a court ruling before a veteran can be placed in NICS, but without establishing a mechanism for such a ruling to occur. This is particularly disturbing given recent reports about the effects of Post-Traumatic Stress Disorder and the efforts of anti-government extremists to recruit returning veterans.

The NRA itself is certainly no friend of government. NRA CEO Wayne LaPierre has declared that “the people have a right to take whatever measures necessary—including force—to abolish oppressive government.” Specifically, the NRA has opined that the Second Amendment gives American citizens the right to take violent action when they deem their government has become “tyrannical.” “The guys with the guns make the rules,” LaPierre tells us. Is this not the same insurrectionist mentality that John Jackson Adams embraced when he threatened Shuler’s life because of his anger over the stimulus bill?

Does Shuler not understand that the NRA’s polices make it easier for deranged individuals to obtain guns? Does he not grasp that the gun lobby’s leadership is providing intellectual and constitutional “cover” for such individuals to respond violently to their grievances with government?

It’s one thing to put your constituents’ safety at risk for endorsements, PAC funding, and votes; but another altogether to put your own family on the firing line. Recently, another A-rated, NRA-backed politician asked, “What line will we not cross for the NRA? At what point do we say, ‘That’s too much’?”

Apparently, no line we’ve seen yet—even when self-preservation is at stake.

The Strong Link in the Chain

“The record is clear: Gun control primarily impacts upon upstanding citizens, not criminals,” the National Rifle Association (NRA) states on its website. Ignoring both national and international data on gun death and homicide, the gun lobby claims that gun control has no positive effect whatsoever. A recent high-profile tragedy, however, illustrates how dangerous individuals can be effectively prevented from acquiring firearms by strong gun laws.

On March 4, California resident John Patrick Bedell, 36, opened fire on two police officers at the entrance of the Pentagon. He was armed with two semiautomatic 9mm handguns despite a history of mental illness and early warnings from family members that he might pose a danger to himself and others. The officers were wounded and, returning fire, killed Bedell.

Bedell’s early adulthood was marked by promise and potential. He was an intelligent young man who was close to receiving a degree in electrical engineering from San Jose State University. Approximately ten years ago, however, he began to spiral into mental illness. Doctors diagnosed him as bipolar and manic-depressive, and Bedell began to self-medicate by growing and smoking marijuana that may have enhanced the symptoms of his disorder. His family states that despite their attempts to keep him in treatment, he was eventually consumed by conspiracy theories and virulently anti-government beliefs.

Eventually these extreme beliefs led to violent thoughts. Jeffrey Bedell stated that his brother had attempted to purchase a firearm in Rancho Cordova, California, in January. The purchase was denied because he failed to pass the required background check as a result of his mental health history.

Under federal law, anyone that has been adjudicated as a “mental defective” or involuntarily committed to a mental institution is prohibited from purchasing firearms. California provides additional restrictions under state law that give it the most effective gun control regime in the country, according to the Brady Campaign to Prevent Gun Violence. As a “Point of Contact” state, California searches not only the FBI’s National Instant Criminal Background Check System (NICS) for disqualifying records, but also a database maintained by the California Department of Justice. This database contains records from the California Department of Mental Health, which is required by state law to forward them. California has submitted more mental health records to NICS than any other state, more than 200,000 in total. The Golden State also requires background checks on all gun sales, whether they are made by Federally Licensed Firearms Dealers (FFLs) or private individuals.

After he was prevented from buying a handgun in California, Bedell still had the option to buy firearms in neighboring states with far weaker gun laws. It appears that at least one of Bedell’s handguns was obtained through an unregulated private sale in Nevada. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) traced the Sturm, Ruger & Co. 9mm used by Bedell to a Las Vegas gun show 19 days after he failed his background check in Rancho Cordova.

The Ruger’s trail originated with the Memphis Police Department in Tennessee. The department seized the handgun five years ago from a felon during a traffic stop and traded it to a licensed gun dealer in Georgia. The Ruger then turned up at a Las Vegas gun show earlier this year, where it was transferred through a private party sale. Authorities say this individual then sold the handgun to another private party, which may or may not have been Bedell. At that point the trail goes cold, because although Las Vegas County requires handgun registration, it is the only county in Nevada that does. Wherever and whenever Bedell obtained his handguns, he did so without undergoing a background check or filling out any paperwork.

Los Angeles County Sheriff Lee Baca summed up the problem accurately: “The key is anyone can leave California and buy a gun anywhere else that doesn’t have strong gun laws. Whether you’re mentally ill or stable, either way, guns are easily accessible because states have different policies.” Translation: A chain is only as strong as its weakest link.

The next time the gun lobby tells us that gun control is doomed to fail because criminals don’t obey laws, we should remember that states like California don’t give them a choice in the matter. If the Golden State was the model for the other 49 states, deranged individuals like John Patrick Bedell would be significantly hindered in their quest for lethal firepower.

CSGV Mailbag

Here at CSGV, we are frequently reminded by gun rights activists that they care about lives lost to gun violence, too. We have been blessed to receive regular communications from firearm enthusiasts who have serious, thoughtful ideas about how to create a more peaceful America. And with April 19 celebrations in full swing among those who understand that God granted them their Second Amendment rights, our mailbox was more full than ever!

We heard from those who were ready to help the survivors of Columbine by informing them that guns had nothing to do with the tragedy...

From: Bishop_Dave@comcast.net
Subject: Gun violence
Date: April 21, 2010

I have heard Mr. Mauser's plea to join this organization because he lost his son in the Columbine tragedy on a radio spot. It is so frustrating that Mr. Mauser seems to still ignore two factors relating to Columbine. Yes the two killers had guns, however they had made home made bombs and placed them throughout the high school, which then completly neutralized the SWAT teams efforts for about 3 hours. This allowed the two killers time to go through Columbine grid by grid to find their victims. Secondly, there have been two school shootings in Colorado within the last couple years. In both cases there were no explosive devices, but mass amounts of ammo being carried by the shooters. In one case, a man tackled the shooter after two shots rang out and the event ended. In another case the shooter was cornered, and shot one victim after being cornered. Though both are tragedies, in one of those two cases there was no loss of life. The one factor that changed the outcomes, explosive devices !! That's it. So rather than continue your misguided assult on the 2nd Amendment, and filing frivolous lawsuits against gun makers, which I realize helps keep you damn lawyers rich beyond belief because you snatch 40% up front ! Do something worthwhile, and go after all the bomb making crap readily available via the internet. That is where the two Columbine killers exceeded all other school shooters. Shut down your anti-gun operation and go after the internet bomb making recipies readily available there !!

Dave Bishop

We heard from those who evoked the elocution of our Founders…

From: itchitup@gmail.com
Subject: Horwitz: "Our founders got rid of violence with Constitution"
Date: April 19, 2010

Josh Horwitz, you are a cock sucking, cunt. The founding fathers offered the constitution/bill of rights in exchange for our God given inalienable rights, to form a greater good. Anytime the government becomes "intolerable", we have a DUTY to ... History proves that the longer the train of intolerable abuse, the more difficult and violent the struggle. Stop sucking Pelosi/Napolitano cock and get off your knees. Millions of strong fighters have died for freedom and we are left with weak metro fucking pissasses like you...

Michael Mitchell

We heard from men of few words…

From: redneck@rcn.com
Subject: gaynes
Date: April 19, 2010

homo

We heard from those with a beautiful vision for our country...

From: info@republicofarizona.com
Subject: Thank God
Date: April 16, 2010

One other issue .................. thank God the founding fathers of this nation did not have to contend with the likes of you regarding our over throw of the repressive British regime. There does come a time when violence is the only answer. After all, how do you plan on ever disarming the millions of gun owners that will never allow ANY government, foreign or domestic, to take our firearms ......... period? When asking nicely doesn't work, then what? A citation? A lecture?

"People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf."

Steve Grant
Republic of Arizona

From: chanbates@comcast.net
Subject: RE: Political Violence is Not an American Value
Date: March 31, 2010

Imagine a future free of criminals and war. Then imagine a future free from gun violence. You have one vivid, ridiculous imagination. Until you and your ilk provide all of us with 100% security from such threats (and I believe you will be totally unpersuasive with criminals and religious fanatics from overseas), I will preserve my own life, the lives of my loved ones, and any other innocent person—including you—from the evil in the world, and I will probably use a firearm to do it, violently.

Chan Bates

We heard from attorneys for the National Rifle Association who think that GOOGLE doesn’t exist...

From: cbmonfort@gmail.com
Subject: Re: Let's Leave "The Wild West" in the Past
Date: March 25, 2010

I'm interested in making a donation to your organizationm though I do have a couple of preliminary questions. Do you think all of the states that have shall issue CCW policies have become the wild wild west? Do they have higher violent crime rates than states that hardly issue CCW permits? I'd be interested to hear your responses to these questions before I make any donations to your organization. Thank you!

Clint B. Monfort

We heard from lawnmower salesmen...

From: Bullseye5477
Subject: What loophole?
Date: February 14, 2010

What the fuck does a gun show have to do with anything. What's next? The guvment tellin' me I can't sell my lawnmower to someone because they might take it home and run over their kids foot?

We heard from Mondays with Mike fan Larry Mattera...

From: matteralarry@yahoo.com
Sent: Wednesday, December 16, 2009 8:02 AM
Subject: Re: Looking Forward to a New Year

You suck ass! I want all your funding to dry up for my Christmas present! I wont miss Mondays with fatass.

Larry Mattera

We heard from those who understand the public health threat presented by caffeine...

From: izaktaylor@gmail.com
Subject: RE: Todays email Major Nidal Malik Hasan
Date: November 19, 2009

so allegedly Major Nidal Malik Hasan went crazy 10 years after the permit. he had traumatic violent experiences that alter his perception of reality. The concealed weapon permit had nothing to do with it whatsoever. You could claim he was the 5 person whote drank pepsi that commited a mass murder as well, it just wouldn't serve your limited political agenda.

Isaac Taylor

We heard from winners...

From: forestofdeadtrees@sbcglobal.net
Re: New Blog on Protester with AR-15 Assault Rifle
Date: August 28, 2009

You are a loser.

Sincerely – Jeremy Parish

We heard from those who were eager to express condolences...

From: tlooft@earthlink.net
Subject: Re: CSGV Statement on the Passing of Senator Kennedy
Date: August 26, 2009

About damn time that old SOB kicked off, a great day for USA!!!

Terry Looft

We heard from those who are particularly concerned about the eight children and teens who die every day in the U.S. from gun violence...

From: tomfinnegan13204@yahoo.com
Subject: Violent Hangun Deaths in Children
Date: August 13, 2009

Including suicides in the CSGV's blanket statement of 8 deaths a day is certainly misleading. Many youth bent on killing themselves will surely find another means to do so if a gun is not available. In fact, according to the wisqars report on the CDC site, almost 30% more youths who commit suicide use a means other than guns to do it (535 gun suicides versus 761 suicides that do not involve guns)

The reason I brought up gang violence in our conversation was that most hardcore juvenile gang-bangers have been involved in an extremely violent lifestyle for many of their formative years. Is this tragic? Certainly. But your site, as evidenced by the cutesy little crayon drawing of innocent little children, next to the erroneous statistic of 8 gun deaths a day, is obviously meant to bring out an emotional response in those who this portion of the site is meant for. It is not based on truth or reason. And reason indicates that even with more stringent gun laws, criminals will still get guns. Ergo, gang members will still kill each other.

Even if you think that it is valid to keep suicides and gang-related deaths in your total number, what you report and what the total numbers actually are "do not jive." The true number then would be 6.3 deaths a day, not 8.. This does not surprise me though. The vast majority of what passes for intellectual rigor among Liberals is based on emotive response, not logic and reason.

Tom Finnegan
Syracuse, NY 13204

And finally, we heard from someone who momentarily forgot about that peace thing...

From: MurphyMURPH1176@aol.com
Subject: gun violence
Date: August 2, 2009

love to see evening news reports , include the number of shootings that occur each and every day in the united states

richard

What's Going On (at Gun Shows): The Heavy Hand of Reason

During the past year, there have been a number of groundbreaking investigations that have exposed the dangers of the “Gun Show Loophole.” The loophole allows unlicensed individuals to sell firearms from their “personal collections” at gun shows without conducting background checks or maintaining records of sale. The latest hotspot for gun show controversy is central Texas, where an effort by law enforcement to regulate criminal activity has run into resistance.

Federal agents from Immigration, Customs, and Enforcement (ICE) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) are partnering in an investigation that has uncovered dozens of cases of criminal activity occurring at gun shows throughout Texas. The Austin Police Department (APD) has assisted in this effort by arresting “prohibited persons (primarily convicted felons and illegal immigrants) that obtained firearms illegally at a local gun show.” “Virtually all” of these sales to prohibited purchasers were made by private citizens who are unlicensed sellers, both inside the shows and in the parking lots outside. Federal convictions have been obtained in a majority of cases.

Because of the recurring criminal activity at Texas Gun Shows events in North Lamar, the APD Nuisance Abatement Unit conducted a meeting with the property lessee for the shows (HEB Grocery), the building sub-lessee (Andrew Perkel, Austin Event Center) and the event promoter (Darwin Boedeker, Texas Gun Shows). At the meeting, ADP and ATF officials offered several recommendations to reduce illegal gun sales, including: 1) Allowing only licensed gun dealers at the shows; 2) Providing on-site security to prevent illegal sales in the parking lot, and; 3) Defining a process for non-licensed firearm sellers to participate to ensure that background checks are conducted. HEB Grocery agreed with these recommendations and instructed Perkel and Boedeker to implement them.

Boedeker complied with HEB’s request and put up a sign outlining the first two recommendations at the two-day gun show held on January 16-17. When police reported that a private gun sale to an illegal immigrant had nonetheless occurred that weekend, HEB Grocery announced that gun shows would not be hosted on their property until the issue was resolved.

Boedeker, outraged at the decision, began organizing a petition to the Texas Attorney General and stated, “All they are doing is keeping the honest man from being able to do what is afforded to him by the Constitution.” But he seemed to contradict himself in explaining what happened at the meeting. While on one hand Boedeker admitted, “[Law enforcement] made it a point to keep repeating themselves [to say] ‘these are just recommendations,’” on the other, he quoted them as saying, “You do what we say or we shut you down.”

Conspiracy theorist/radio host Alex Jones then interviewed Boedeker and helped him articulate his outrage further. Jones didn’t hesitate to take the opportunity to attack the Obama Administration, saying, “He’s got these armed thugs doing this. This is tyranny. This is the end of America.” His comments about ATF agents were even more offensive and recalled the National Rifle Association’s “jack-booted thugs” smear. “They are an absolutely wicked bunch of un-American trash,” said Jones.

The controversy over Texas Gun Shows recalls a 2004-2005 investigation of gun shows in Richmond, Virginia, that was conducted by the ATF. During that investigation, 56 arrests were made for the following violations of state and federal law: Making False Statements on ATF Form 4473, Felon in Possession of a Firearm, Straw Purchase of a Firearm, Possession of Marijuana, Possession of Cocaine, Felony Fugitive Apprehension, Misdemeanor Fugitive Apprehension, Carrying a Concealed Weapon and Grand Larceny—Theft of Firearm.

The promoter of the Richmond shows, Steve and Annette Elliot of C&E Gun Shows, nonetheless described the investigation as follows: “It's just a persecution thing. It's not really an attempt to solve crimes or stop them. It's their way of trying to get rid of gun shows.” ATF was then hauled in front of the House Subcommittee on Crime, Terrorism and Homeland Security for a show trial. Chairman Howard Coble admonished, “it does appear that maybe the ATF activity may have risen to the threshold of being heavy-handed.” No action was taken against C&E Gun Shows. They continue to profit and have done nothing to modify their business practices to curb the criminal activity catalogued by ATF.

Were the actions of the APD and ATF in central Texas “heavy-handed”? Not by any reasonable American’s standard. For starters, Texas is the leading source state of guns being illegally trafficked to drug cartels into Mexico, and that is probably why so many illegal immigrants were arrested buying firearms at Texas Gun Shows events. Second, a 2009 survey by Republican pollster Frank Luntz showed that 69% of National Rifle Association (NRA) members and 85% of non-NRA gun owners support background checks for all firearm sales at gun shows. Finally, even the NRA was forced to admit that the “voluntary agreement concerning the transfer of firearms at the Austin gun show…was a self-imposed regulation, not a rule from the BATFE [popularly known as the ATF] or an ordinance of the City of Austin.”

It doesn’t take a law enforcement professional to realize there is a problem when criminals and illegal aliens (whom the NRA describe as “criminal aliens”) are openly buying firearms without undergoing background checks at gun shows. Hopefully, Texas officials will dispense with Alex Jones’ conspiracy theories and continue to act in the interest of public safety.

What's Going On (at Gun Shows): Free Trade

Bullet Counter Points’ “What’s Going On (at Gun Shows)” series takes an inside look at what happens at the nation’s gun shows when no one’s looking. Our first blog highlighted a UC Davis researcher who photographed widespread illegal activity at gun shows in 19 different states. Next, we took a look at an undercover investigation by the city of New York that captured a host of illegal sales at gun shows on video.

Our latest entry involves two unconventional tales of free trade between the United States and Mexico.

On July 25, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) agents were conducting surveillance at a gun show at the Expo Center at Kansas City International Airport in Missouri. They spotted Myrna Guerra carrying a semiautomatic AR-15 assault rifle and taking a “circuitous route” to his car. After looking over his shoulder several times, Guerra placed the assault rifle in his trunk. He then re-entered the show and traded cash for another assault rifle with a second private seller. Guerra placed this weapon in his car and was stopped by Kansas City Police Department officers soon after he departed the show.

At this point, Guerra presented a fraudulent Missouri’s drivers license and social security number. After police confirmed this through a computer check, Guerra admitted that in fact he was not even an American citizen-but instead an illegal immigrant from Guatemala. He was immediately arrested, as his status as an undocumented person made it illegal for him to possess firearms under federal law. From his car, police confiscated the two AR-15 style rifles, two ammunition magazines, and gun show calendars from several states. After searching his home, authorities found an additional six ammunition magazines, nine handgun holders/cases, gun cleaning supplies, more gun show calendars, a western Union receipt for $4,000, and three Social Security Cards under a false identity.

In a recent plea agreement, Guerra admitted to buying and selling guns for the past six months at gun shows to earn extra money. He would purchase guns from private sellers at gun shows and sell them to an intermediary, who would then bring the guns into Mexico for resale to the country’s drug cartels. Private sellers were attractive to Guerra because they are not required by law to conduct background checks or maintain records of sale, a problem known as the Gun Show Loophole.

Guerra isn’t the only gun show visitor who saw the Mexican Drug War as a business opportunity, however.

On October 16, Alfred Dwight Watkins, a resident of Luling, Texas, was sentenced to ten months in federal prison for dealing firearms without a license. Watkins, formerly a federally licensed firearms dealer (FFL), had been selling guns at gun shows in Austin and San Antonio despite the fact that his license expired in 2003. He told authorities that he would tell customers that no paperwork was required to do business with him in order to “flip” more firearms. In March of this year, ATF agents searched Watkins’ residence and recovered 65 firearms-including a dozen assault rifles-and 59,000 rounds of ammunition.

Watkins admitted knowingly selling a firearm to a prohibited purchaser. He also admitted straw purchasing a firearm that was recovered three weeks later from Los Zetas, a prominent Mexican drug cartel.

The U.S. Government Accountability Office (GAO) issued a report in June which stated: “While it is impossible to know how many firearms are illegally smuggled into Mexico in a given year, about 87 percent of firearms seized by Mexican authorities and traced in the last 5 years originated in the United States, according to data from Department of Justice’s Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). According to U.S. and Mexican government officials, these firearms have been increasingly more powerful and lethal in recent years. Many of these firearms come from gun shops and gun shows in Southwest border states.”

Unfortunately, the total lack of paperwork involved in these sales makes them nearly impossible to trace. As ATF agent Steve Foreman recently pointed out: [An unscrupulous private seller will] sell to anybody and everybody, trade up or trade down, he doesn’t care ... It’s actually a great business, if you don’t get caught.”

Thankfully, the “entrepreneurs” described in this blog weren’t so lucky.

The Point of No Return

Two recent undercover investigations, by the City of New York and a researcher at UC Davis, drew national attention by exposing widespread illegal activity at America’s gun shows. But however shocking these studies might have been, they contained no new revelations.

It has now been ten years since “The Gun Show Loophole” became a household term following the shootings at Columbine High School in Colorado. It is well-known that the shooters at Columbine obtained firearms through Denver-area gun shows, but two new books—Dave Cullen’s Columbine and Jeff Kass’ Columbine: A True Crime Story—have shed light on how weak federal and state gun laws were purposefully exploited in the tragedy.

A Tragedy of Epic Proportions
On April 20, 1999, Eric Harris and Dylan Klebold drove to their high school in Columbine with an arsenal of bombs, guns and ammunition. Their subsequent rampage lasted approximately 45 minutes and left 13 dead (one teacher and 12 students) and 24 injured. Harris, armed with a Hi-Point 995 9mm carbine rifle (with thirteen 10-round magazines) and a Savage-Springfield 67H sawed-off 12-gauge shotgun, would fire a total of 124 rounds during the shooting. Klebold, armed with an Intratec Tec-9 semiautomatic assault pistol (with one 52-, one 32-, and one 28-round magazine) and a Stevens 311D double-barreled, sawed-off 12-gauge shotgun, would fire 64 rounds. Their final rounds were used to take their own lives.

The plans for the mass shooting had begun to take shape in the fall of 1997. On November 3, 1997, it was mentioned for the first time when Klebold wrote in his diary, “[Name blocked] will get me a gun. I’ll go on my killing spree against anyone I want.” What Klebold had in mind was a “straw purchase,” where a prohibited purchaser recruits another individual to buy guns on his behalf—a federal felony offense for both parties.

Both Klebold and Harris were intimately familiar with existing gun laws. On November 12, 1998, Harris referred to Jim Brady and the 1994 “Brady Handgun Violence Prevention Act” in his diary, writing, “Fuck you Brady! All I want is a couple of guns, and thanks to your fucking bill I will probably not get any! Come on, I’ll have a clean record and I only want them for personal protection. It’s not like I’m some psycho who would go on a shooting spree….fuckers. I’ll probably end up nuking everything and fucking robbing some gun collector’s house. Fuck, that’ll be hard. Oh well, just as long as I kill a lot of fucking people. Everyone is always making fun of me because of how I look, how fucking weak I am and shit, well I will get you all back, ultimate fucking revenge here ... Guns! I need guns! Give me some fucking firearms!”

Harris was being playful and sarcastic. He knew that getting guns would not be difficult, despite the fact that at age 17, he and Klebold were barred under federal law from buying both long guns (minimum age 18) and handguns (21). Harris had previously written an essay about the Brady Act for school. “The FBI just shot themselves in the foot,” he declared. “There are a few loopholes in the new Brady bill. The biggest gaping hole is that the background checks are only required for licensed dealers…not private dealers.”

Too Easy
Just ten days after Harris cursed Jim Brady in his diary, he and Klebold would exploit that loophole. On November 22, 1998, they brought Robyn Anderson, an 18 year-old friend of Klebold’s, to the Tanner Gun show in Denver. There, Anderson purchased three of the guns used in the shootings (the Hi-Point 9mm rifle and two shotguns) for Klebold and Harris through three different private sellers. As these sellers were (supposedly) “not engaged in the business” of dealing firearms, Anderson never had to undergo a background or fill out any paperwork. Only one of the three sellers checked her driver’s license to see if she was of legal age to purchase long guns. Klebold and Harris were able to buy ammunition at the show themselves. The entire process took only about an hour.

In a statement she released after the shootings, Anderson said, "I think it was clear to the sellers that the guns were for Eric and Dylan. They were the only ones asking all the questions and handling the guns ... It was too easy. I wish it would have been more difficult. I wouldn't have helped them buy the guns if I had faced a criminal background check." Of the private seller that sold him his Stevens shotgun through Anderson, Klebold wrote, “He knew I was fucking buying it.”

That night, Harris was ecstatic as he wrote in his journal: “Well folks, today was a very important day in the history of Reb [Harris’ nickname] today, along with Vodka [Klebold’s nickname] and someone else who I won’t name, we went downtown and purchased the following: a double barrel 12 ga. Shotgun, a pump action 12 ga. Shotgun, a 9mm carbine, 250 9mm rounds, 15 12 ga slugs, 40 shotgun shells, 2 switch blade knives, and a total of 4 10-round clips for the carbine. We ...... have ...... GUNS! we fucking got them you sons of bitches! HA! HA HA HA! Neener! Booga Booga. Heh. It’s all over now. This capped it off, the point of no return. You know what’s weird, I don’t feel like punching through a door...probably cause I am fucking armed. I feel more confident, stronger, more God-like.”

The purchases made Harris hungry for more firearms. On December 3, 1998, he wrote in his diary, “I’m gonna still try and get my calico 9mm. Just think, 100 rounds without reloading.... hell yeah! We actually may have a chance to get some machine pistols thanks to the Brady bill. If we can save up about $200 real quick and find someone who is 21+ we can go to the next gun show and find a private dealer and buy ourselves some bad-ass AB-10 machine pistols. Clips for those things can get really fucking [big] too.”

On December 18, 1998, Harris, paid for nine magazines of 9mm ammunition at Green Mountain Guns in Lakewood, Colorado. The store ordered the ammo for the 17 year-old, and Harris was able to pick it up on December 29.

The duo then got the assault pistol they were looking for. On January 23, 1999, Harris and Klebold met Blackjack Pizza co-worker Philip Duran, 22, and his friend Mark Manes, 21, at the same Denver gun show they attended with Robyn Anderson. They shopped around for Tec-9s before Manes agrees to sell Klebold and Harris one he owned for $500. Klebold gave him a down payment of $300 that night and took possession of the gun.

From February through March 1999, Harris, Klebold, Duran and Manes would hone their marksmanship together in a forested area outside Denver known as Rampart Range. On the third and last trip to the shooting range on March 6, Duran filmed the outing with a camera that Harris and Klebold had taken from Columbine High. In the video, Klebold and Harris can be seen gleefully firing their newly acquired firearms. Nine days later, Harris and Klebold would record the first of their “Basement Tape” videos and thank Duran and Manes. Klebold observes, “We used them, like you use a horse to carry shit.” And they add one final round of thanks: “Thanks to the gun show, and to Robyn. Robyn is very cool.”

One final purchase was made the day before the shootings. On April 19, 1999, Manes went to Kmart and bought 100 rounds of 9mm ammo for Harris. Harris picked it up from Manes’ house that evening.

A History of Violence
In the wake of the shootings, commentators focused on Klebold and Harris’ age (17) when discussing their illegal gun purchases. But even if the two had been of legal age to purchase firearms, there were numerous red flags in their background that are eerily similar to ones we continue to see today in school shooters like Seung-Hui Cho and Stephen Kazmierczak. These warning signs included:

• August 7, 1997—Teenager Aaron Brown reports Eric Harris’ website to the Jefferson County Police. The website contains information about homemade bombs and acts of neighborhood vandalism. Police meet with the Brown family and are given seven printed pages of Harris' website.
  
  
• Fall 1997—Harris and Klebold bring a pipe bomb to work at Blackjack Pizza (they plan to blow up a watermelon after work, they say) and are admonished by their boss.
  
  
• October 2, 1997—Harris and Klebold are suspended for hacking into Columbine High School’s computer system to get student locker combinations.
  
  
• December 10, 1997—For a classroom assignment, Harris writes a paper titled “Guns in Schools,” which affirms, “It is just as easy to bring a loaded handgun to school as it is to bring a calculator.”
  
  
• January 30, 1998—Harris and Klebold break into a parked van and steal equipment they find inside (total value: $1,719). They are arrested that evening and placed in a juvenile diversion program. Both are released from the program early for good behavior.
  
  
• February 15, 1998—A passerby finds a homemade pipe bomb in a suburban park near Harris' house. The bomb is reported to the Jefferson County Police and they recover it.
  
  
• February/March 1998—Klebold is suspended again for scratching something threatening into a student’s locker.
  
  
• Spring 1998—In September 1998, Harris writes an essay in school about a time when he had to “give away all my weapons to my parents.” “I paid good money or spent a lot of time making them,” he says. Months later, in the “Basement Tape” videos, Harris and Klebold confirm that Harris’ parents found a tackle box in his room with pipe bombs in it. Nate Dykeman and Zack Heckler, friends of the pair, tell authorities after the massacre that Harris’ father detonated a bomb that had been confiscated from Eric’s room in the spring of 1998. Dykeman also claims that he saw Harris and Klebold blow up things with bombs on several occasions.
  
  
• March 18, 1998—The Brown family calls Jefferson County Police again after Harris updates his website and writes, “God I can’t wait till I can kill you people. I’ll just go to some downtown area in some big ass city and blow up and shoot everything I can ... I will rig up explosives all over a town and detonate each one of them at will after I mow down a whole fucking area full of you snotty ass rich mother fucking high strung godlike attitude having worthless pieces of shit whores. i don’t care if I live or die in the shootout, all I want to do is kill and injure as many of you pricks as I can, especially a few people. Like brooks brown [a fellow student of Harris’ at Columbine High School].” Although one detective begins to prepare a warrant to search the Harris home for bomb-making materials (the warrant mentions that a pipe bomb matching a description by Harris was recovered in February 1998 near his home), no concrete action is ever taken in regards to the complaint.
  
  
• November 1998—Harris designs a business project for his Government and Economics class. The proposal, “Hitmen for Hire,” is for a business “basically to kill people who anger our clients.” “Several weapons, such as a sawed-off pump-action riot shotgun, an AB-10 machine pistol, homemade rocket launchers, swords and daggers were gathered to help our business,” Harris adds. In a video produced for the assignment, Harris and Klebold take money from a student who complains of being bullied. The pair then shoot and kill a “jock” with fake guns in an alleyway.
  
  
• December 1998—Green Mountain Guns calls the Harris house to report that the 9mm magazines which were ordered (for Eric Harris) are ready for pick-up. Harris’ father answers the phone, says he did not place any such order, and hangs up. In his journal, Eric writes, "jesus Christ that was fucking close, fucking shitheads at the gunshop almost dropped the whole project. Oh well, thank god I can BS so fucking well."
  
  
• February 1999—Klebold tells Zack Heckler that he and Harris recently bought shotguns.
  
  
• February 1999—Klebold writes an essay for his Creative Writing class. It tells the story of a man who kills “preps.” The man is Dylan’s height, wears a trench coat (like both Klebold and Harris), and uses bombs, a knife and two guns. The essay uses inappropriate words like “pussy” and “prick.” Klebold’s teacher talks to his parents and later calls the essay, “the most vicious story I have ever read.”
  
  
• February/March 1999—Harris requests Zack Heckler's assistance in making napalm and asks another friend, Chris Morris, to store the finished batches at his house.
  
  
• March 1999—Harris approaches Chris Morris and suggests they rig a "trip bomb" behind Blackjack Pizza to target kids crawling through a hole in the fence behind the restaurant.

All told, Klebold and Harris had 15 confirmed contacts with law enforcement before the Columbine massacre. This is information that would have been readily turned up in any type of background investigation prior to a firearm purchase (as opposed to an instant computer check through the National Instant Criminal Background Check System database maintained by the FBI). Only a handful of states in the U.S.(New Jersey being one example) license gun owners and conduct such investigations. Virtually every other industrialized democracy in the world has licensing and registration laws in place for gun owners and their weapons.

Criminal Neglect
What was done in the wake of the Columbine tragedy to eliminate the loopholes in America’s gun laws that Harris and Klebold so deftly exploited?

Not much.

To Colorado residents’ credit, they acted quickly to close the Gun Show Loophole at the state level. In 2000, 70% of Colorado voters approved Amendment 22, a referendum to require background checks for all firearm sales at gun shows. The “Robyn Anderson” bill was also passed to clarify state law and make it clear that no individual can legally transfer a long gun to a minor without the consent of that juvenile’s parent or guardian.

The U.S. Congress was a different story. On May 21, 1999, the U.S. Senate narrowly passed an amendment to close the Gun Show Loophole. Then-Vice President Al Gore had to use his constitutional power to break the 50-50 tie vote in favor of the amendment, which he dedicated “to all of the families that have suffered from gun violence.” Then the National Rifle Association (NRA) took over. They accused the White House of backing "a charade of lawmaking" and warned that they would "hold a mirror up to this dishonest process.” Sen. Larry Craig (R-ID), an NRA board member who led the effort to defeat the amendment, was equally confident. "I haven't lost," he said with a smile, wagging his forefinger in the air. "It's not over yet." These were not idle threats. Within days, similar Gun Show Loophole legislation was defeated in the House of Representatives. The Senate bill eventually stalled in conference committee.

The NRA continues to oppose efforts to close the Gun Show Loophole to this day, portraying them as some secret scheme to confiscate all privately-held firearms in America. Their defiance is certainly not a reflection of the views of the American people. According to a recent national poll, 87% of Americans—including 83% of gun owners—support closing the Gun Show Loophole.

One decade after Columbine, only 17 states in the U.S. have taken some action to close the Gun Show Loophole. It remains wide open for future Klebolds and Harrises in the other 33. As for illegal straw purchases, the recent undercover investigations by New York City and UC Davis demonstrate that they are as commonplace at gun shows as ever.

The Cost of “Freedom”
When police searched Dylan Klebold’s 1982 Black BMW following his shooting rampage, they found a newsletter from the Firearms Coalition of Colorado. “Dear Firearms Activist,” it read. “The Firearms Coalition of Colorado is working for you!” And working they were, to: a) Prohibit local municipalities from enacting gun control ordinances; b) Prevent law enforcement from exercising discretion in issuing concealed handgun permits, and; c) Bar the state of Colorado from suing firearm manufacturers “like the tobacco companies have had to fight.”

Klebold and Harris would have been gratified to know that all three of these campaigns were ultimately successful. The pair was concerned about their legacy and hoped to kick-start a “revolution.” They even spoke directly to future students in the “Basement Tapes,” stating, “If you’re going to go fucking psycho and kill a bunch of people like us...do it right.” Those who have been inspired to kill by Klebold and Harris have had no problem in following their model—weak gun laws in this country continue to allow the obviously disturbed to acquire arsenals of firepower.

“Whoever said the cost of freedom was free?” asked the Firearms Coalition of Colorado newsletter found in Klebold’s car. Certainly not the victims of Columbine. They understand the price we continue to pay for gun “freedoms” better than anyone.

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.

"We cannot allow gun violence to take any more children's lives..."

The Children’s Defense Fund (CDF), a member of the Coalition to Stop Gun Violence, has worked tirelessly during their 35 years of existence to better the lives of children. The driving force behind these efforts has been CDF President Marian Wright Edelman. Edelman was a longtime activist in the civil rights movement and later moved to the District of Columbia to found CDF.

Recently, CDF released its 2009 “Protect Children, Not Guns” report, which evaluates the impact of gun violence on America’s youth. According to the most recent data from the Centers for Disease Control and Prevention (CDC), 3,184 children died from gunfire in the United States in 2006, a 6% increase from 2005. More preschoolers (63) were killed by firearms that year than law enforcement officers (48) in the line of duty. Since 1979, gun violence has ended the lives of 107,603 children and teens in the U.S. The data also reveals that black males ages 15 to 19 are almost five times as likely as their white peers and more than twice as likely as their Latino peers to be killed by firearms. Edelman firmly believes that “the United States does not provide a level playing field for all children, and our nation does not value and protect all children’s lives equally.”

Why does CDF continue to prioritize the issue of gun violence? Edelman says that “it is now more important than ever that we work to protect children from firearms in their homes, schools and communities.” In her mind, “we do not have a ‘child and youth problem,’” but a “profound adult problem.”

“It is up to every one of us,” Edelman states, “to let our elected officials know that we care deeply about controlling gun violence.” She feels that “stronger federal legislation could help protect more children” and outlines some key measures she would like legislators to act on.

First, she believes the “Gun Show Loophole” should be closed. While the Brady Law requires that federally licensed firearms dealers conduct background checks on every sale, the law allows private individuals to sell firearms without a license and avoid the required background checks, and these sellers frequent gun shows. One study estimated that 40% of all firearms in the U.S. are purchased without a background check. Edelman suggests that advocates push for passage of bipartisan bills to require background checks on all sales at gun shows, S.843 and H.R. 2324.

Edelman also believes that the National Instant Criminal Background Check System (NICS) should be strengthened. “The system could be strengthened by requiring states to provide more information to the FBI’s national database on prohibited persons, extending background checks to cover all purchases of firearms, and closing the [Terrorist Watch List] Loophole,” she says.

Finally, Edelman emphasizes the need to reinstitute the Assault Weapons Ban. While the ban, signed into law in 1994, banned 19 types of semiautomatic military-style firearms and high-capacity ammunition magazines, it expired in 2004.

Legislation is not enough by itself, however. Edelman believes “America has a deadly, historic romance with guns and violence. Our culture frequently glamorizes guns and violence in movies, television, music, and on the internet.” This culture of violence is “desensitizing” us “to the value of life,” according to Edelman, and “individuals and communities must act to end [it].”

Edelman envisions hard work on the road to a safer, more peaceful society: “Like the black students and other civil rights activists during the 1960s, we cannot wait placidly for change. They took control of their own destinies and fought inequality and discrimination—and we must do the same. We cannot allow gun violence to take any more children’s lives because of our complacency. We must take action now to let Congress know it must enact sensible gun legislation to stop the senseless killing of children and teens.”

What's Going On (at Gun Shows): Sense of Impunity

Last week, Dr. Garen Wintemute, the Director of the Violence Prevention Research Program at UC Davis, released a fascinating study that takes an inside look at America’s gun shows. Entitled “Inside Gun Shows: What Goes On When Everybody Thinks Nobody’s Watching,” it catalogues Wintemute’s observations at 78 gun shows that he attended in 19 states between 2005 and 2008. More importantly, it contains hundreds of color photographs that he took surreptitiously at these events. These photos document illegal straw purchases; anonymous, undocumented private party gun sales; the widespread availability of assault weapons; and the links between gun shows and the Neo-Nazi movement.

In the study, Wintemute describes the two systems of commerce that operate side-by-side at gun shows. On the one hand, you have dealers licensed by the federal government who are required to conduct background checks on gun purchasers. At the shows he attended, Wintemute found that those prohibited under federal law from purchasing firearms (i.e., convicted felons, domestic abusers, drug users, the mentally ill, etc.) would often evade this requirement by engaging in straw purchases. In a straw purchase, a prohibited purchaser recruits an individual(s) with a clean criminal record to pass a background check and purchase firearms for him/her (a straw purchase is a federal felony offense for both the straw purchaser and the ultimate possessor of the firearms). “The openness and sense of impunity with which straw purchases were sometimes conducted was striking,” Wintemute reports. Licensed dealers account for two-thirds of trafficked firearms that come from gun shows.

Private party sellers are also present at gun shows. These sellers are not licensed by the government and are not required to conduct background checks. A 1986 law exempted anyone who is “not engaged in the business” of dealing firearms from the background check requirement. Theoretically, these are individuals who make “occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who [sell] all or part of [their] collection of firearms.” The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), however, has noted that the effect of this law “has often been to frustrate the prosecution of unlicensed dealers masquerading as collectors or hobbyists but who are really trafficking firearms to felons or other prohibited persons.” More than 85% of crime guns recovered by ATF have gone through at least one private party transaction following their initial sale by a licensed gun dealer.

Private gun sales don’t occur only at gun shows, Wintemute emphasizes. They can occur virtually anywhere—at flea markets, through classified ads in newspapers, over the Internet, in private homes, on the street, etc. Because they are anonymous and involve no paperwork, they are particularly attractive to prohibited purchasers.

At gun shows, the ATF estimates that 25 to 50% of all gun sellers who rent table space are unlicensed. Private sellers can also walk around freely at gun shows, selling firearms they’ve brought with them to other attendees. Private sales were common at the gun shows Wintemute attended. He even observed such sales occurring in states where they are illegal.

In terms of the wares that were available at gun shows, Wintemute observed that, “All types of guns are available at gun shows, but assault weapons, particularly civilian versions of AR and AK rifles, seem to figure more prominently at gun shows than in gun commerce generally.”

Little enforcement action was evident at these events. ATF has stated that “too often [gun] shows provide a ready supply of firearms to prohibited persons, gangs, violent criminals, and illegal firearms traffickers.” Yet, as Wintemute notes, the understaffed ATF has no proactive program of gun show enforcement and conducts investigations at only 3.3% of the approximately 2,300 gun shows that occur each year.

In terms of the social environment at gun shows, Wintemute observed three phenomena that have “significant potential to contribute to firearm violence. These concern: 1) promoting objectification and violence in relationships between men and women, 2) facilitating children’s access to firearms, and 3) endorsing violence as a tool for problem-solving.” Neo-Nazi and Neo-Confederate paraphernalia was common. The Turner Diaries is everywhere,” Wintemute notes, “and Mein Kaumpf can be found next to [John Lott’s] More Guns, Less Crime.”

At present, 17 states regulate gun shows in some manner. Six regulate all private party gun sales and nine more regulate private party sales of handguns only. Two states regulate private party sales at gun shows only.

In his study, Wintemute makes three key recommendations to improve existing regulation of firearm commerce. First, he says that law enforcement operations at gun shows must be expanded. “Ideally,” he says, “there would be an enforcement operation at every major event.” He cites California as an example of where such a program has worked, and well. Second, he calls for all private gun sales (not just those at gun shows) to be regulated to prevent prohibited persons from buying guns. “It appears that denial of gun purchases [through background checks] significantly lowers the risk of committing violent and gun-related crimes among the persons who are directly affected,” Wintemute notes. Finally, he calls for voluntary action by promoters and licensed dealers at gun shows to police potentially illegal sales. “Little goes on at a gun show that is not observed by those nearby,” he states.

You can view the full study along with photographs and videos here.