Mayor: Gun-Show Sting Finds Sellers Flout Law

MAYOR BLOOMBERG: Must clean up ‘Dodge City.’ A city investigation into illegal firearms sales at gun shows found that nearly 75 percent of the sellers at seven gun shows in three states sold weapons to people who either admitted they probably could not pass a background check or were serving as “straw buyers,” Mayor Bloomberg announced Oct. 7.

The undercover investigation sent professional investigators to the gun shows in Nevada, Ohio and Tennessee to determine whether sellers would engage in these improper transactions.

‘Deadly and Serious Loophole’

“The gun-show loophole is a deadly serious problem—and this undercover operation exposes just how pervasive and serious it is,” Mayor Bloomberg said. “This is an issue that has nothing to do with the Second Amendment; it’s about keeping guns from criminals, plain and simple.”

It is a Federal felony for gun dealers to sell weapons to people they have reason to believe are prohibited pur- chasers, even though private unlicensed sellers, like those at gun shows, are not required to run background checks using the FBI National Instant Criminal Background Check system.

In the investigators’ encounters with 30 private sellers, the undercover operatives showed interest in buy- ing a gun by asking about stopping power or by dry-firing the weapon. After agreeing on a price, the investigator would indicate that he probably could not pass a background check. At that point, the seller is required by law to refuse the sale, but only 11 of the 30 sellers did so. Private dealers failed this test at all seven gun shows, including two who failed at multiple shows.

Undercover investigators also approached licensed dealers at gun shows to simulate straw purchases where a dealer allows someone who is not the actual buyer of the gun to fill out the paperwork and undergo the background check. One officer played the role of a person who wants to purchase a handgun but does not fill out any of the required paperwork. The other investigator appeared to buy the weapon on his behalf.

Sixteen out of 17 dealers failed this test despite a training program by the U.S. Bureau of Alcohol, Tobacco and Firearms designed to help teach sellers to spot straw purchases.

Mr. Bloomberg proposed that the Federal Government close the gunshow loophole and require background checks and records for all sales by private sellers at gun shows. He also suggested increasing enforcement of existing laws to prevent weapons from flowing into the hands of criminals by giving ATF more resources to increase gun show enforcement.

Under Federal law, all Federally licensed gun dealers, including all gun stores and anyone who sells guns professionally, must conduct background checks on all prospective firearms purchasers. However, the law does not apply to private dealers who make “occasional sales” from their “personal collection.”