Illegal Gun Purchases Attempted At Majority Of U.S. Firearms Retailers, Survey Says

[onehandle]

Source: Huffington Post

A majority of U.S. gun retailers saw someone try to illegally purchase a firearm in 2011, but law enforcement officials were not always notified of the attempted crimes, according to a recently released survey conducted that year.

The survey found that roughly 55 percent of gun retailers had someone try to illegally buy a gun from them in the past year. Retailers surveyed expressed that they were largely against the illegal selling of guns and said they would support legislation that would make it more difficult to do so. However, law enforcement officials were only alerted of the attempted crimes 75 percent of the time, according to the study.

“These events are fairly very common and occur tens of thousands of times a year,” said survey conductor Garen Wintemute, professor of emergency medicine and director of the UC Davis Violence Prevention Research Program. “We know that illegal purchases are important ways to supplying guns into the criminal market.”

Illegal gun purchases are executed in two major ways: “Straw” or surrogate purchases where someone attempts to buy a gun for someone who is barred from owning a weapon, or undocumented purchases in which those without the required documentation attempt to buy a weapon. Straw purchases were the most prevalent form of attempted illegal gun purchase found in Wintemute’s study.

Read more: http://www.huffingtonpost.com/2013/03/11/illegal-gun-purchases_n_2854567.html

[slackmaster]

1. Of the cases where the illegal attempt was reported to authorities...

...how many resulted in a prosecution?

“These events are fairly very common and occur tens of thousands of times a year,”

If 75% are reported to law enforcement, there ought to be 7,500s of prosecutions.

Why aren't there that many?

[Old Codger]

4. Been going on long time

I was a dealer for several years and I have never heard of anyone being prosecuted for trying to buy a gun even when convicted felons try and are reported they don't go after them so most dealers finally give up reporting it. I know I reported quite a few and I never let one go without reporting but I was never contacted afterwards.

[slackmaster]

13. Very interesting, Old Codger. Thanks for taking the time to reply. It seems the authorities...

...have other fish to fry that they regard as bigger.

[SpartanDem]

10. NYTimes did a story on this

and prosecutors said the two biggest issues were the volume of cases and being able. to prove intentional lying.

[Paul E Ester]

11. "don’t have the time or manpower to prosecute everybody" - VP Biden

“And to your point, Mr. Baker, regarding the lack of prosecutions on lying on Form 4473s, we simply don’t have the time or manpower to prosecute everybody who lies on a form, that checks a wrong box, that answers a question inaccurately.”

Submitting false information on an ATF Form 4473 — required for the necessary background check to obtain a firearm — is a felony punishable by up to ten years in prison, depending on prior convictions and a judge’s discretion, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Read more: http://dailycaller.com/2013/01/18/biden-to-nra-we-dont-have-the-time-to-prosecute-people-who-lie-on-background-checks/#ixzz2NKu3WCXM

Here is Milwaukee Police Chief on "Why aren't there that many?", Cops don't paper chase

[slackmaster]

12. That seems like a reasonable answer, and it makes me wonder what good passing ANOTHER...

...federal gun trafficking law, which would make activities that are already illegal even more illegal, would do.

Unless Congress allocates a bunch more resources to address straw purchases, attempts by prohibited people to buy firearms, etc. it's just not going to happen, ever.

[Old Codger]

18. BINGO

That is exactly most peoples point on this whole thing if the laws in existence were enforced as they stand it would make a huge difference.

[Old Codger]

19. It gets tiresome

If after reporting these illegal activities many many times and never a response of any sort soon dealers just quit wasting their time and efforts and just stop reporting them. BUT once the form is filled out and submitted and refused for cause it should not have to be reported, it should already be recorded as a felony and in a good part of the refusals it was committed by someone who is already a convicted felon. Sometimes by one who is at the time on parole and can be jailed on a parole violation.

[Thinkingabout]

2. This is a problem, the weapons should be backgrounded ckecked on resale.

It probably needs to be a felony to be a straw buyer to resale and therefore they could not be where guns are.

[slackmaster]

20. Being a straw buyer already is a felony. Look at question 9a and the certification on this form.

[Thinkingabout]

21. I wonder how the food stamp receiptant in Arizona answererd this one, yes he was the true buyer

For the guns which went to Mexico.

[Conium]

3. Some people don't understand what a straw purchase is.

Face it, plenty of Americans are dumb-asses. Look at who they send to Congress. Take U.S. Rep. Markwayne Mullin (R - 2nd Dist, Oklahoma) for instance.

[pipoman]

5. They're just now figuring that out?

How about we spend some money enforcing laws in place instead of trying to enact more unenforced laws?

NICS Denials in
2010 The FBI conducted over six million NICS transfer checks in 2010 and denied over 72,000 applications, a denial rate of about 1%. The most common reason for denial by the FBI was a record of a felony indictment or conviction (over 47%), followed by fugitives from justice (19%), and state law prohibitions (about 11%) (Table 1). Other reasons included drug use or addiction (about 10%), domestic violence misdemeanor convictions (over 6%), and domestic violence restraining orders (over 4%) (Appendix table A).

snip

The DENI Branch screened 76, 142 NICS denials received from the FBI during 2010, and referred 4,732 denials (approximately 6%) within the established guidelines to field divisions. The referred cases were made up of 2,265 delayed denials (3% of all denials) and 2,467 standard denials (over 3%). The remaining denials (71,410, or nearly 94%) did not meet referral guidelines or were overturned or canceled. Overturns occurred after review by the DENI Branch or after the FBI received additional information. The FBI canceled a small number of denials in cases where a NICS check should not have been conducted. (Table 2.) Standard denials that are not being referred are reported weekly to the field divisions and made available in a database if further review is deemed necessary.

More

https://www.ncjrs.gov/pdffiles1/bjs/grants/239272.pdf

Unconscionable comes to mind, inexcusable, pathetic..etc.

[Lobo27]

6. What can be done bout people who buy them legally here,

and then send them abroad to Mexico or other countries. I've known people who have bought guns, and then send them to Mexico to family members etc. I suppose, I'm guilty for not reporting them, but aren't they truly above the law in a sense. They can never get in trouble w/ a gun cause they do not have it with them. All I can see is that if the person in the foreign country commits a crime, and somehow tracked to the original buyer.

[Paul E Ester]

14. Report them

They are breaking State, Federal and international law. They know its a crime and are breaking the law. Why so conflicted?

[Grins]

7. And a possible solution is...

...to do what the British do - require the buyer to get cleared (a permit) BEFORE you can even enter a gun store (and don't even think of the stupidity of an open gun show).

[Thinkingabout]

8. This is another very good idea but straw buyers has to be stopped, make straw buyers

Charge be a felony, not only should they not be able to purchase weapons but can not be around weapons because of the felony charge. I would almost bet many felonies has possession of weapons and should be charged with another crime.

[Paul E Ester]

15. It's been a felony for years the laws are just not enforced.

Submitting false information on an ATF Form 4473 — required for the necessary background check to obtain a firearm — is a felony punishable by up to ten years in prison, depending on prior convictions and a judge’s discretion, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives.

[Thinkingabout]

22. Guess what it does not work, looks like Banning the weapins might be the only way.

[Paladin]

9. The Conspicuous Outrage Of Our Resident Gun Enthusiasts Is Duly Noted.

Better late than never, guys.....

[MicaelS]

16. I'm willing to bet you are not going to find many

"Resident Gun Enthusiasts" who do not want to prosecute Straw Buyers, or felons who attempt to buy guns. I personally would like to see everyone of them prosecuted and jailed.

Of course Congress has the perpetual habit of "We MUST do something!" Or at least SEEN "To be doing something", while not actually funding the law they just passed.

I say pass a Universal Background Check law, including Mental Health Reporting. Amend HIPAA as needed, And then make enough available funds to states, so there is no excuse for not reporting violations, or prosecuting the hell of Straw Buyers, or felons who attempt to buy guns.

[former9thward]

17. Where tobacco and alcohol are for sale illegal attempts to buy those happen everywhere.

People attempt to get prescription drugs illegally everyday. Do we shut down all those places?