gun sales

Exclusive: Videos show gun-show vendors flouting the law

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Earlier today, we reported on a set of videos being released today by the office of New York City Mayor Michael Bloomberg that reveal vendors at gun shows selling weapons to people who tell them flat-out that they couldn't pass a background check -- something that is in fact against the law.

The videos are now available for public viewing. We've provided a couple of them here at C&L, but go see the full set of them -- along with the accompanying report -- visit the NYC.gov website Gun Show Undercover.

There seems to be some confusion, at least among our readers, whether they're watching something illegal. They are. As the mayor's office explained in its press release:

Even though private unlicensed sellers are not required to run background checks using the FBI National Instant Criminal Background Check system, it is a federal felony for them to sell guns to people they have reason to believe are prohibited purchasers (such as felons or the mentally ill). In purchases attempted on 30 private sellers, the undercover investigator showed interest in buying a gun by asking about stopping power or by dry-firing the weapon. After agreeing on a price, the undercover would indicate that he probably couldn’t pass a background check. At that point, the seller is required by law to refuse the sale – but only 11 out of 30 sellers did so. Investigators found private dealers who failed these integrity tests at every show, including two sellers who failed at multiple shows. In total, 19 of the 30 private sellers approached failed the integrity test.

The 11 sellers who terminated the sale confirmed that private sellers know the law. As one seller in Columbus, Ohio, explained “I mean even as a private citizen, I’m kind of allowed a certain latitude, but once you say that [you can’t pass the background check], I’m kind of obligated not to….I think that’s what the rules are.”

The investigation also revealed that some private sellers are in fact apparently “engaged in the business” of selling firearms without a federal license, in violation of the law. For example, one seller sold to investigators at three different gun shows and acknowledged selling 348 assault rifles in less than one year.

So when you see characters like this, you're seeing the kind of people who willingly, knowingly, and intentionally flout the law because there's no way -- outside of investigations like this -- they'll ever get caught:

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"I don't need your address."

"No background check?"

"Nothing. Just show me that you're from Ohio."

"That's good about the background check because I probably couldn’t pass one."

"I don't care. All's I got to do is demand you show me your license."

"You don’t care about the background check, right?"

"Nope. Nope. I wouldn't pass either, bud." [grin]

The NRA likes to claim that "the gun show loophole is a myth." These videos -- and the broader results of the investigation -- pretty definitively demonstrate that it does indeed exist.

Americans For Gun Safety has a complete rundown on the gun-show loophole and why it needs to be closed.

The NRA and its enablers will claim this is a radical-left agenda item. But the legislation to close this loophole is sponsored by those radical leftists John McCain and Joe Lieberman. The office conducting this investigation is the Republican New York Mayor's. That's some radical left agenda indeed.



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Right-wingers have been having fun in recent weeks with the ACORN "gotcha" videos supposedly showing community organizers indulging in illicit behavior. But they're about to discover that the undercover video can be a two-edged sword.

Over the past year, New York Mayor Michael Bloomberg has been sending out private investigators to gun shows around the country, focusing on locales where NYPD and other local law enforcement are seeing guns arriving from. And what they showed was incredibly revealing.

It shows the dirty little secret that everyone who attends gun shows with any kind of discerning eye can tell you: There are a lot of illegitimate transactions taking place at them -- and particularly a lot of sales of guns to people who could never pass a background check.

John Rosenthal described in some detail last year just how big the "gun show loophole" is. Like, Mack-truck sized:

At approximately 5,000 gun shows each year in 32 states, criminals and terrorists are allowed to purchase firearms from private gun dealers without an ID or background check. Although many gun dealers are federally licensed and therefore legally required to contact the National Instant Criminal Background Check System to ensure that a prospective purchaser is not prohibited from possessing firearms, private sellers have no such requirement.

The report produced by the New York mayor's office investigation -- which, along with the videos, will be available for public view at 11 a.m. PDT today (we'll post them at C&L then) -- reveals that 63 percent of the gun vendors approached by the team were willing to sell to a person who told them they couldn't pass the background check.

Unlike the phony ACORN undercover operation -- which only offered for public view a single instance of actual miscreancy, and refused to report the several instances in which they were turned away -- this report is clear that some gun vendors adhered to the law.

But some 19 out of the 30 vendors approached sold to investigators who said they'd probably fail a check. Along the way, they bought semi-automatic handguns and assault rifles. All told, 39 of 51 attempts to buy a gun illegally were successful. Several vendors told their buyers that they probably wouldn't pass a check either.

Only 11 vendors said no.

There were exchanges like this caught on tape:

"I don't need your address."

"No background check?"

"Nothing. Just show me that you're from Ohio."

"That's good about the background check because I probably couldn’t pass one."

"I don't care. All's I got to do is demand you show me your license."

"You don’t care about the background check, right?"

"Nope. Nope. I wouldn't pass either, bud." [grin]

"Is that right?"

This is why some 30 percent of all illegal gun traffic in the United States emanates from gun shows. It's long past time to shut this travesty down.

We'll be back later this morning with video and more details.


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From the very moment he was elected, right-wingers have been waiting, hoping, and watching anxiously for President Obama to take some kind of action -- any kind of action -- relating to guns. Just so they can start screaming, "He's trying to take away our guns!!!! Lock and load!!! Molon labe!!!"

Of course, he's done nothing. Nada. Zippo.

Which means they're now forced to just make stuff up.

This is never a problem for the paranoid, gun-toting right anyway. It's what they do.

Lou Dobbs was out leading the parade last night:

DOBBS: A record 1 million background checks on gun sales were completed by the FBI in the month of August alone. Those numbers show that gun owners are increasingly concerned that the Obama administration is on a mission to restrict Second Amendment rights in this country.

Supporters of those rights gathered in St. Louis over this weekend to fight attempts to strip Americans of their right to keep and to bear arms. Bill Tucker with our report.

And what exactly is the source of that fear? Um, well ...

TUCKER: Ask them why, and they recall the words of Attorney General Eric Holder on the need to ban assault weapons to help reduce drug violence in Mexico.

They point to the president's regulatory czar, Cass Sunstein, who personally is not just opposed to hunting, but said back in 2007 it should be banned. Or they will point to the president's consistent voting record for gun control, both in the Senate and back in Illinois.

Nor do these gun rights enthusiasts trust the newest Supreme Court justice, who in her only ruling on gun rights said the Second Amendment could only be applied to the federal government.

Hmmm. This sounds like almost exactly the same charges the NRA has been peddling since January, and yet the Obama administration has not acted on guns in any fashion.

The only new thing is the bit about Cass Sunstein, the demonization of whom began with Glenn Beck and has now spread to Dobbs' show. Dobbs and Tucker delve this in more detail:

TUCKER: All of them, of course, united under the banner of securing their Second Amendment right to keep and bear arms. For his part, the president does say he respects the constitutional right and promised that he will "protect the rights of hunters and other law- abiding Americans to purchase, own, and transport, and use guns."

But gun activists remain skeptical -- Lou?

DOBBS: I mean, the attorney general, Eric Holder, has said "They just want to do a few things with the Second Amendment." And the czar here, Cass Sunstein -- I mean, what's his deal?

TUCKER: He's a vegetarian, and he believes that hunting ought to be banned.

DOBBS: So, he's not big on hunting.

TUCKER: He's not big on hunting at all. But he has openly supported the right of animals to sue. He believes animals ought to have rights...

DOBBS: I'm sorry, repeat that again?

TUCKER: He believes animals should have rights, which would include the right to sue if they have been mistreated.

DOBBS: If they were hunted.

TUCKER: Or I guess hunted.

DOBBS: If they were hunted -- really?

TUCKER: I can't explain it, Lou, I'm just telling you.

DOBBS: I just think we should let this sort of percolate, because, presumably, the president knows this man, knows who he put there...

TUCKER: Yes.

DOBBS: ... as the regulatory czar over guns. That's truly, truly interesting.

Thank you very much, Bill Tucker.

TUCKER: You're welcome.

Cass Sunstein, the regulatory czar over guns? Not exactly. And by "not exactly," we mean, "not even remotely related to the truth."

Sunstein has been nominated to head up the Office of Information and Regulatory Affairs, whose role it is to review draft regulations under Executive Order 12866; additionally, "OIRA reviews collections of information under the Paperwork Reduction Act, and also develops and oversees the implementation of government-wide policies in the areas of information technology, information policy, privacy, and statistical policy."

Guns are nowhere near this picture, except hypothetically (it would be possible, as a matter of conjecture, that Sunstein's office would review the efficacy of proposed gun regs coming out of the ATF). And that's it. That's the entire "connection" here.

But hey, don't worry, Lou. When the next Richard Poplawski kills three cops because he was afraid Obama was gonna take his guns away, we'll know who to thank.


The NRA's big show in Arizona: Paranoia en masse

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The National Rifle Association is having its big annual convention in Arizona this week, which means we'll see the usual parade of fearmongering and liberal-bashing on steroids that these affairs always are -- with a special emphasis on President Obama, that scary Muslim left-wing radical who wants to take all our guns away.

It's all paranoia, all the time. As you can see from clips above, all the raging talk at the convention is about how gun sales are through the roof because everyone's afraid Obama is going on a gun-grabbing spree. (Side note: Was that a Freudian slip on Larry Kudlow's part, calling the NRA the "IRA"?)

Pretty typical is Ted Nugent, who's blogging the affair from Arizona for Human Events and coming up with some prime bon mots ("Write this down: Gun Free Zones are a felon’s playgrounds. Ban Gun Free Zones now. Join the NRA.") while drawing a bead on the bottom line: Keep your hands off my guns, you dirty stinking liberals:

Meanwhile, in order to stop the drowning and murders, I will work on banning water, Obama can try to ban guns. Good luck. Save an innocent life, join the NRA and celebrate 138 years of keeping and bearing. Drive a bad guys nuts. Then shoot him while he’s committing a violent crime.

That's the stuff circulating for mainstream-media consumption. But always at these shows, and around them, there's the gaseous nebula of conspiracism. The warnings of an NRA fan posted at one of the local news stories is fairly typical of the material floating about the convention and among its attendees:

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Fear, Greed Driving Surge in Guns and Ammo Sales

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It's certainly reassuring to know that, as the economy deteriorates, there are more guns in the hands of people everywhere!

FAYETTEVILLE, Ga. -- The way Jay Chambers sees it, the semiautomatic weapons in his firearm collection might be the most promising investment in his financial portfolio.

Like many gun enthusiasts, Mr. Chambers, a manager for a door wholesaler here, believes President Barack Obama and the Democrats in Congress soon will reimpose a version of an expired federal ban on the sale of so-called assault weapons. If such a law passes, he figures his collection -- enough guns, ammo magazines and weapon parts to assemble about 30 AK-47s, AR-15s and other semiautomatic rifles -- could triple in value.

"A guy could easily make a lot of money," says Mr. Chambers, 47 years old, while at Autrey's Armory, a gun store about 20 miles south of Atlanta.

Purchases of guns and ammunition are surging across the country. Nearly four million background checks -- a key measure of sales because they are required at the purchase of a gun from a federally licensed seller -- were performed in the first three months of 2009. That is a 27% increase over the same period a year earlier, according to the Federal Bureau of Investigation.

No one knows exactly what is behind the gun-buying craze. Some buyers say they are stocking up for themselves in anticipation of new gun-control laws, while others say they're worried about deteriorating public safety as the economy worsens.

But it's also clear that part of the gun-buying rally is driven by people like Mr. Chambers who are buying weapons the way others invest in a hot stock. The buying is pumping up prices. Many popular models of guns are back-ordered for a year or more. Some manufacturers are operating plants 24 hours a day. According to the 2009 edition of the Blue Book of Gun Values, the average price of European-made AK-47s -- the famous Soviet-era military weapon now made in several countries -- doubled from $350 last September to more than $700 by the end of 2008.