New York – NYC Undercover Stings Expose ‘gun show loophole’

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    File photoNew York – New York City officials secretly videotaped dozens of firearm purchases they say were illegal at gun shows in states that have not closed the “gun show loophole.”

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    The sting, described in a city report released Wednesday, was conducted at seven gun shows in Tennessee, Ohio and Nevada. Those states are among the many that permit private unlicensed dealers, known as “occasional sellers,” to sell weapons at gun shows without conducting background checks.

    Gun-control advocates say the loophole makes it easier for criminals to acquire guns and prevents law enforcement from being able to trace those weapons if they are used in crimes.

    Nine states, including New York, have passed laws to close the loophole, requiring background checks on at least all handgun purchases at gun shows. Mayor Michael Bloomberg has long campaigned for Congress to close the loophole, and for states to do it on their own if the federal government does not.

    Even in states that haven’t closed the loophole, federal law bars “occasional sellers” from selling guns to people they have reason to believe would fail a background check.

    This is where the Bloomberg operation says 19 out of 30 sellers broke the law during the investigation, in which undercover buyers wore tiny cameras concealed in baseball hats and purses and audio recorders hidden in wristwatches.

    In each purchase, the investigator showed interest in buying a gun, agreed on a price and then indicated that he probably could not pass a background check.

    Most sellers allowed the purchases anyway, responding in some cases by saying, “I couldn’t pass one either,” or “I don’t care,” according to the city’s report.

    Two assault rifles and 20 semiautomatic handguns were bought this way, the report said.

    The 11 who refused sales showed they knew the law.

    “Once you say that, I’m kind of obligated not to,” said one seller, according to the report. “I think that’s what the rules are.”

    “Fact is, you done told me too much,” said another who refused. “I wouldn’t sell one to you at all.”

    The city has no legal authority over the dealers and is using its findings to make a point. A copy of the report is being sent to every member of Congress and the findings will be shared the Bureau of Alcohol, Tobacco, Firearms and Explosives.

    “The gun show loophole is a deadly serious problem, and this undercover operation exposes just how pervasive and serious it is,” the mayor said in a statement.

    The undercover operation took place from about May to August and its $1.5 million cost was paid by city taxpayers. The city hired a team of 40 private investigators from an outside firm to make the purchases.

    The sting comes three years after Bloomberg’s administration conducted a similar operation focusing on illegal straw purchases at gun shops in Georgia, Ohio, Pennsylvania, South Carolina and Virginia that authorities believe were responsible for selling guns used in crimes in New York City. (A straw purchase is when one person fills out the paperwork and buys the gun for somebody else.)

    Bloomberg’s administration brought a civil case against 27 gun dealers targeted in its 2006 investigation.

    As a result of the suit, 20 dealers are being monitored by a court-appointed special master. One is out of business, two more are expected to be put under monitoring agreements and three were dropped from the suit. A final dealer settled with the city but the terms did not include a monitor.

    Investigators in this year’s sting also attempted straw purchases at gun shows, and were successful 16 out of 17 times.

    The city said it was not planning civil action this time around.


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    18 Comments
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    PMO
    PMO
    14 years ago

    Over a million dollars for something everyone already knows? Why not spend a million dollars proving that the sky is blue.

    The fact is that guns are important and necessary. People need to be able to defend their homes and their families. That right was guaranteed to us. However, there is no right in the Constitution that says it has to be “easy” to get one, or “convenient” to get one. Background checks should be the acceptable norm, and there is no excuse not to have them. Living in the south, I can tell you with 100% certainty that a serial killer can escape from prison, come to the south and buy an entire arsenal for himself.

    If violating the 4th Amendment in the name of “National Security” is acceptable, then adding a minor inconvenience to getting a gun should be just as acceptable. I bought mine legally and they are registered. It was not much effort at all.

    Mevakesh Emes
    Mevakesh Emes
    14 years ago

    What do we do about states like CA and NY where its easier for a criminal to get a gun than it is for a law abiding citizen? How many guns were bought in states that require a background check were used in a crime? Do people really believe that “gun control” keeps criminals from getting guns? Rather, it prevents us from defending ourselves against those criminals when they come to rob us, because they know we aren’t armed due to the gun control laws!

    Anonymous
    Anonymous
    14 years ago

    Who cares about the laws. I believe in the old saying, “I’d rather be judged by 12 than carried by six.” Carry loaded. Otherwise, don’t bother carrying.

    thunderbird
    thunderbird
    14 years ago

    If you live in NYC it’s difficult but not impossible to get a premises permit. As long as you are a person with a clean record and you follow the instructions that the police dapt.give you,they must issue you a permit for premises possession.If you are turned down for no good reason,you sue them and you will get it. Persevere, you will get it.{ mine saved my life.I shot a criminal and got a medal from the city].

    Anonymous
    Anonymous
    14 years ago

    D.C VS. Heller states that there is an individual’s right to bear arms, and it is not just for militias. The second amendment is 2cd because it is what protects us from the government and protects all our other rights, including speech, religion, press and assembly! Fear the government that fears your gun. If they wont let you carry a gun, then they can control you. How was France able to be conquered by the Germans in WW2 so quickly? France had full gun registration: The Germans came in, got the list and confiscated all the weapons. The people were unable to fight or resist.
    4 boxes make us free: ballot, soap, jury and CARTRIDGE!