Gun Control

Gun Control

David Stites

Citizens have many rights, and within those rights, the second amendment guarantees “the right of the people to keep and bear arms, shall not be infringed” I am not trying to deny you of your rights to bear arms, but there needs to be stronger enforcements with regards of; sales on firearms, existing problems resulting from “bad apple” gun dealers, and innovative actions to help aid the current problems.

Acquiring a firearm is not difficult. There are few standards that most must obey when purchasing from a dealer. Federal laws of both the purchaser and the dealer must be complied with. An individual that is 18 years or older is eligible to purchase either a shotgun or a rifle from a federally licensed dealer in any state. If the individual is 21 or older they are eligible to acquire a handgun from a federally licensed firearms dealer in the purchaser’s state. A sale of a firearm must be documented with a federal form 4473, which includes information on the purchaser, and records the make, model, and serial number of the firearm (A Citizens Guide).

Here are a few restrictions that limit a dealer from selling firearms to; those convicted of crimes punishable by imprisonment for over one year, except state misdemeanors punishable by two years or less, fugitives from justices, illegal aliens, citizens who have renounced their citizenship, if you are dishonorably discharged from the Armed Forces, and persons subject to a court order that restrains such persons from harassing, stalking, or threatening and intimate partner (A Citizens Guide). If you happened to be purchasing an antique designed in 1898 or before, nearly all of the restrictions are subsequently set a side. The sale from one individual to another who does not possess a federal firearms license is legally bound to sell the firearm to a dealer before selling to a resident of another state. However, firearms received by interstate succession are exempt from those particular laws forbidding the sale, transfer, or even transportation of firearms into another state (A Citizens Guide).

“Bad Apple” dealers will try to convince authorities that their inventory had “disappeared” or been “lost.” For example, Anthony Cucchiara is the owner of a California gun store who has sold at least 27 guns linked to homicides. At a minimum, he has “lost” 1,766 guns and perhaps as many as 7,477, according to Federal investigators (Thousands). A similar situation occurred in Tacoma, Washington, where the Bulls eye gun store lost the guns used by the Washington DC. area snipers in 2002, as well as at least 238 other guns. The former owner, Brian Borgelt, had his license revoked by the ATF, sold the business to a close friend and continues to work at the store (Thousands). “Bad Apple” dealers sell their stores to friends so that the gun store may remain in business, which is one way the corrupt dealers get around the law.

Another way that gun industries and dealers make firearms available to criminals is through “straw purchases”, in which a person prohibited by federal laws from purchasing a firearm has another person complete the paperwork required for the purchase (Utter 298). Gun dealers participate in these illegal transactions in circumstances where they know the “straw buyer” is not the person who is truly going to purchase the gun. Some gun dealers go as far as suggesting and even encouraging straw purchasing to avoid losses in potential sales and revenue.

For example on March 24th, 1999 an undercover operation involving a straw purchase by a convicted felon took place at the Sports Authority in Dearborn, Michigan. Two men entered the Sports Authority and selected a handgun and ammunition. The convicted felon said to the cashier, “my buddy’s got to do that for me…I got a felony there…They don’t let me buy.” Looking at the straw purchaser the cashier responds, “when the manager comes over to check this, it’s your gun. You’re not purchasing it for him (the convicted felon).” The convicted felon asked why that is? The cashier responded to him, “I don’t know why but it’s called a straw purchase and it’s highly illegal.” The convicted felon counted the money and paid the cashier. A handgun and ammunition were purchased (Campaign) There are several loopholes in the system and thousands of tragic examples that a result of them.

Another unfortunate example is seen in the court case Hopper v. Wal-Mart stores. “The plaintiffs sued Wal-Mart for negligently selling a shotgun to James Michael White, Ms White’s estranged husband, who was under a domestic violence restraining order” (Hopper) and was therefore prohibited from buying a firearm under federal law. On April 8, 1998 within two weeks of buying the shotgun, Mr. White used it to murder his wife and her brother. Wal-Mart sold Mr. White the gun despite the fact that he filled out the federal purchase form truthfully, indicating that he was “subject to a court order restraining him from harassing, stalking, or threatening and intimate partner” (Hopper). As a result, federal law prohibited Mr. White from buying the gun. Nonetheless, after a Wal-Mart clerk and supervisor reviewed and signed the form, Mr. White was sold the murder weapon. Because of similar oversights, Wal-Mart has been sued repeatedly for negligent firearm sales, failure to properly train its gun sales staff, and negligent supervision. These stories expose the many problematic loopholes in the system.

As well as “straw purchases,” dealers also make knowing “multiple sales” of guns to traffickers who quickly transfer them to prohibited purchasers through the black market. Robert Lockett owner of the Second Amendment gun shop in Overland Park, Kansas has said, “if you do no know where and how your product are ultimate being sold, you should have know and anticipated that they would be illegally sold and subsequently misused” (qtd. in High).

What are the solutions to the loopholes in the system? With the Brady Law requiring background checks on all handgun purchases, more criminals are relying upon straw purchasers and professional gun trafficking to obtain their firearms. A “One-Handgun-Per Month” law makes it illegal for anyone to purchase more than one handgun in any 30 day period (One). By limiting handgun