31 January 2011

No surprise there

Rico says that Marc Lacey has the story in The New York Times, but no one should be surprised by the conclusions:
Weeks after a shooting left six dead and thirteen injured in Tucson, New York City sent undercover investigators to an Arizona gun show and found instances in which private sellers sold semiautomatic pistols, even after buyers said they probably could not pass background checks, city officials said.
The investigation, part of an effort by Mayor Michael R. Bloomberg’s administration to crack down on illegal gun sales nationwide, took place on 23 January at the Crossroads of the West gun show in Phoenix, officials said.
“The background check system failed in Arizona, it failed in Virginia, and it fails in states around the country,” said John Feinblatt, an adviser to Mr. Bloomberg. “If we don’t fix it now, the question is not whether another massacre will occur, but when.”
Private, unlicensed sellers are not required to run federal background checks, but it is a violation of federal law to sell guns to people if sellers suspect they are felons or mentally ill or are otherwise prohibited from buying. In the case of Jared L. Loughner, who is accused of opening fire on the crowd in Tucson on 8 January, the gun used in the shootings was bought at a licensed gun dealer, and he passed a background check, the authorities said.
In two instances, the New York undercover officers specifically said before buying a gun, “I probably couldn’t pass a background check” but were still sold guns, city officials said.
In a third case, an investigator bought a Glock pistol and two high-capacity magazines, like the ones used in the Tucson shooting. Such purchases were made without any background check, but were perfectly legal.
Mr. Bloomberg’s office, which will release details of the undercover investigation on Monday, has for years pushed for tighter firearms laws. Since the Tucson shooting, Mr. Bloomberg has enlisted in his effort Daniel Hernandez, an intern in the office of Representative Gabrielle Giffords of Arizona. The congresswoman was the most seriously wounded, and Mr. Hernandez held her until emergency personnel arrived.
Crossroads of the West holds dozens of gun shows annually, in Arizona, California, Nevada, and Utah. “When we find someone who isn’t complying with the law, we ask them to leave or don’t allow them back,” said Bob Templeton, president of the gun show. After similar transgressions were uncovered at gun shows in other states, some operators entered into agreements with New York City requiring that private sellers arrange background checks of all gun buyers.
According to a transcript from one investigator’s purchase of a Sig Sauer pistol at the Phoenix show, the exchange went like this:
Investigator: “So, you’re not one of those, you know, dealer guys, right?”
Seller: “No. No tax, no form, you don’t have to do transfers or nothing.”
Investigator: “Yeah, yeah.”
Seller: “Just an Arizona ID and that’s it with me.”
Investigator: “So, no background check?”
Seller: “No.”
Investigator: “That’s good, because I probably couldn’t pass one, you know what I mean?” The seller sold the gun for $500.

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