A new market place has opened up for gun sales since the Brady law took effect in 1994. Like everything else, guns can be purchased on-line. Unlike anything else, no other item for sale on-line rises to the definition of a deadly weapon. I buy a lot of things on-line and I like that convenience. I don’t think any other item I buy on-line requires a background check because a sweater, a pair of shoes, a camera or a rug do not kill people. Guns do.
Armslist.com sells guns on line. I checked out what was available today in Minnesota. Many handguns, hunting rifles and also AR-15s are there for people who choose to purchase guns this way. Some sellers do say they will only ship to an FFL and one must have a Minnesota permit to purchase or carry. That’s good news. But many are sold by private sellers with no background check required. When these kinds of gun sales became available , those in the gun violence prevention movement raised concerns about this new market place for guns. Many gun rights extremists claimed that guns could not be bought on line with no background check. What they thought, or said, was that all guns sold on-line went through sites like Gander Mountain, for example, which has strict policies about shipping the purchased guns to a federally licensed firearms dealer for pick-up. There a background check would be required.
Were these folks in denial, lying or didn’t they realize that sites like Armslist.com allowed private sellers to post their wares and sell with no background checks just as they do at gun shows? Someone I know once spoke with a reporter from the Star Tribune who said that some of the gun folks told him we were lying when we said this was possible. She directed him to Armslist.com and while on the phone call and asked him to click on Minnesota and then take a look at what was available. He admitted that we were right and the gun folks were wrong.
Radcliffe Haughton bought his gun from Armslist.com with no background check. He was a prohibited purchaser. Soon after the purchase, his estranged wife and 2 other people were dead after he shot them all in a fit of rage over a separation. Several others were injured. From the article:
Haughton was able to buy a gun despite a Milwaukee County judge issuing a restraining order against him just three days before the shooting. The restraining order barred him under federal law from owning a firearm or buying one from a gun dealer.
Haughton sidestepped the federal law by purchasing the gun privately.
Private sellers are not required to run background checks and do not have to follow a 48-hour waiting period, required at the time of the shooting for gun dealers in Wisconsin. The waiting period was intended, in part, as a cooling-off period in domestic violence cases. That waiting period was eliminated in a bill passed by the Legislature and signed by Gov. Scott Walker over summer.
The lawsuit says Armslist, and its owners, were liable because they created the marketplace that could facilitate such a transaction.
Facebook allows private groups to buy and sell guns to each other. No background checks are required. The transactions are made, as they are on Armslist.com when the seller and buyer choose a place to make the transaction and the cash is exchanged for the gun(s).
It was just a matter of time before people started getting caught trafficking in guns bought and sold on-line. This Minnesota man is one of them. From the article:
“Feldman’s actions in this case put firearms in the hands of criminals in the Twin Cities and jeopardized public safety,” said James Modzelewski, special agent in charge of the St. Paul field division for the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). “[The] ATF is committed to working with local police and prosecutors to identify illegal sources of firearms, and hold them accountable. If we’re going to impact gun violence in our communities, we all need to work together to prevent criminals from getting guns.” (…)
The ATF found evidence linking Feldman’s sales to several handguns used in serious crimes.
The indictment said Feldman regularly bought firearms — mostly handguns — from licensed out-of-state sellers using an online auction site, had the weapons transferred to a Burnsville gun shop where he received them, and then quickly advertised them for sale on another website that facilitates gun sales without criminal background checks.
The allegations span two years, with Feldman’s last sale (of more than 50) coming in January at a shopping mall parking lot to an undercover officer used by the ATF.
His indictment came soon after Obama announced that the U.S. Department of Justice would toughen federal gun control efforts, including a warning that “a person can be [considered to be] engaged in the business of dealing in firearms” even if they conduct transactions only at gun shows or online. Those doing so, Obama said, must be licensed, just like dealers who run their businesses out of a traditional storefront.
Feldman advertised on Armslist.com to sell guns he had earlier bought from licensed dealers online. He first had the firearms transferred to L.E. Gun Sales in Burnsville, where he would receive them after completing required paperwork and submitting to a background check.
So much for the “law abiding” gun owner. He was able to purchase the guns legally, going through a background check himself but then turned around and sold them with no background checks. He was acting as a gun dealer and not requiring background checks. This is why we need background checks on all gun sales. These kinds of transactions help provide crime guns. And we need to enforce these laws, already on the books.
Why do some people believe that it’s OK to sell guns with no background checks? How do they know who is on the other end of the transaction? They don’t. It could be an ex-felon who can’t have guns. It could be a domestic abuser or someone who had been adjudicated mentally ill at some point. It could be a fugitive or a terrorist ( who can buy guns legally in the U.S. and we can’t stop them from doing so, thanks to our lax gun laws.)
This just makes no common sense. The corporate gun lobby continues to resist measures to require background checks on all gun sales. Why? They claim that these kinds of sales will lead to gun registration and confiscation even though the very same background checks that have been in place for over 20 years now have not done this.
The gun lobby is wrong of course. But some of our leaders seem to believe them and the minority of gun rights activists in league with the gun lobby cry wolf any time proposed bills come up.
The times are changing however as more Americans are now educated as to the fact that some gun sales do go without background checks. In fact, about 40% do. So the analogy that seems to work best is to think about going through the TSA checkpoints when traveling by plane. And then think about 40% of people who can just walk through without having their bags checked or going through the metal detector. And this analogy becomes even more scary considering how many guns are found in carry-on bags by the TSA.
So the long and short of it is- in order to protect the public from at least some of the daily shootings, the very least we can do is to require background checks on all gun sales and do what the majority of Americans have agreed is the right thing to do. Why not treat every sale the same? Just like all on-line sales of books, cosmetics, clothing, toys, etc. are treated the same for all, sales of guns should be uniform. No one can buy Sudafed without asking the pharmacist- there are no exceptions. Many states require controlling the substance contained in Sudafed:
Pharmacy is one of the most highly regulated professions.3 Pharmacists are the gatekeepers of dangerous drugs. As such we are in a position to control access to one of the most dangerous of the drugs of abuse. We are at the end of the protected, closed loop of drug distribution. When it comes to protecting society from the illegal traffic in harmful drugs, we can make a difference. In so doing, pharmacists not only follow the law but fulfill our duty to protect society.
Hmmmm. This is a strong statement. Why doesn’t it apply to gun dealers- even private sellers?
Sales of tobacco products require an ID if a young person appears to be below the age of 18 and sellers can be fined for selling to a minor. Selling alcohol to a minor can result in severe fines as well as jail time. We all know that drugs are illegally bought and sold all over the world and that that is a huge problem in our country. The penalties are stiff if someone is caught and we have put a lot of resources into the efforts to stop drug trafficking but it is still happening. It’s not easy to stop illegal activity like this but the fact that we are putting up no obstacles to dealing with the sales of guns to people who shouldn’t have them is ludicrous and dangerous.
There are exceptions for selling guns to those who can’t legally own them. It’s called legal private sales with no background checks. Gun dealers are required to be licensed but are not monitored as they should be, by design of the corporate gun lobby.
We are talking about allowing deadly weapons to fall into the hands of people who can’t buy them legally from licensed dealers.
This is the opposite of protecting Americans from public health and safety problems.
As Congress finally comes back from its’ longest break ever, lots of important things will be on their plates but little will happen because it’s an election year and they are afraid of their own shadows. We won’t expect much. But we will be watching to see how Congress will avoid dealing with a public health and safety crisis of gun violence not seen in any other country.
Congress needs to act. Ask them to act. If they don’t ask them why not? And keep the pressure on. We can’t let them ignore the fact that over 30,000 Americans die each year from gunshot injuries. Too many families are devastated daily by the carnage. It’s time for that to change.