Posted by
John Caile on Sunday, March 07, 2010 12:00:38 PM
On Friday, March 5th, I attended a committee meeting at the Minnesota state Capitol. The subject was yet another Democrat legislator's proposed bill to close the mythical "gun show loophole" - an imaginary problem created by the anti-gun crowd to justify Federal background checks of private individuals at gun shows. For those unfamiliar with this issue, current law requires all Federally licensed gun dealers to perform the same electronic background check at gun shows that they do at their retail stores.
The issue, according to the bill's proponents, is that private citizens who attend the shows are able to buy and sell firearms from each other without such a check. Gosh, sounds like a big problem, right? One can just see the legions of inner city gang members lining up to get into every gun show in America, cash in hand, ready to bid on a cornucopia of "deadly" weapons. Obviously, "something must be done" to "keep guns out of the hands of criminals and the mentally unstable." Would that it were truly possible, but, alas, it isn't.
Because there are a couple of annoying facts that keep intruding - reality is such an inconvenient devil when one is on an ideological mission. First of all, study after study of violent offenders has shown conclusively that they do NOT get their guns from gun shows. The BATF itself notes that a paltry 0.7% of all guns used in violent crimes ever even started out at a gun show (and even these were seldom bought by the felons themselves - many were bought legally and then later stolen).
Ironically, we in Minnesota have one of the finest criminal and lethal force research facilities right in our own backyard - the Force Science Institute at Mankato State University - headed up by Dr. Bill Lewinski, who is known and respected by Law Enforcement officials nationwide. In concert with the FBI, the institute's study group recently concluded a 5-year investigation of over 800 incidents involving criminals who got into shootouts with police officers - in other words, the most violent and dangerous segment of the criminal population.
And guess what? The Force Science Institute research team duplicated the ATF findings. The discovered that "contrary to media myth, not a single firearm in the study was obtained at a gun show" - offenders got 99% of their guns either by stealing them themselves, or by purchasing them in ILLEGAL transactions off the street.
Need more? The University of Maryland study ("The Effect of Gun Shows on Gun-Related Deaths" - September, 2008) also found that that there is "no evidence" that gun shows increase either homicide or suicide. They further stated that "tighter regulation of gun shows does not appear to reduce the number of firearms-related deaths" - in direct contradiction of the claims by the anti-gun contingent.
But wait, if the thugs are demonstrably not getting their guns at gun shows, why then the obsession with regulating them? Because, they say, some criminal or mentally unstable lunatic just might one day get a gun from such a show. To "prove" the existence of this "looming threat" the supporters of the "gun show" bill brought out "hidden camera" videos of people buying guns at a gun show without going through a background check. Nice for a sound byte on the evening news, but hardly compelling evidence for a new law.
Naturally, the anti-gun contingent also brought along the same crew they always have at such hearings - the Police Officer who somberly talks about "guns on the street" - the sad mother whose daughter was murdered by an estranged husband (complete with a framed picture of the daughter displayed on the desk) - the "sensible" hunter type who holds up a "scary" looking rifle - and of course, a couple of parents from one of the worst, most crime-ridden neighborhoods in Minneapolis, who told of gunfire on a nightly basis, and children caught in the cross-fire between rival drug gangs.
Sad tales all, to be sure. But what, exactly, any of these situations has to do with gun shows was never clearly explained. Again, since all the data shows that almost no guns used in criminal activity come from gun shows, it is difficult to understand their intense fear (and hatred) of the shows. But fear and hate them they do.
Now, playing Devil's Advocate, wouldn't expanding background checks to private citizens do some good? Unfortunately, no. Because the simple fact is that all a buyer and a seller at a gun show would have to do to avoid the background check is...agree to walk outside to the parking lot and make the transfer there. That's really all there is to it.
But alas, one of the antigun testifiers betrayed their real agenda when he admitted that gun shows were only the "first step" and that "ideally, we would like to require background checks on all gun sales, even between private parties" - a move that would be yet one more expansion of big government looking over the shoulder of every legitimate gun owner, tracking and recording what guns they own, buy, and sell.
Such sweeping surveillance of Americans may sound just fine to those who hate and fear guns, but it would have no affect on violence. Because, even if the state enacted a law that requires a background check on every single private sale of firearms, not just at gun shows, but everywhere, the bad guys always have one card left to play: the "straw purchase" - where they enlist someone with a clean record (usually a gang member's girlfriend) to buy the gun for them. They already do this now, and there is no foreseeable way to stop it, other than vigorous prosecution of those who sell to criminals and the mentally prohibited - participating in a "straw purchase" is already a felony.
But even when they are caught, the system doesn't do much to them. Some might remember the case in 1996, when a young woman came in to a Minneapolis gun store, passed the background check, and bought a handgun. She then came back three weeks later and bought two more guns. When she came back a third time, the dealer became suspicious and notified the ATF, who placed a hidden camera in the store, and recorded her purchases of 22 handguns over a period of 9 months.
Then, after 4 of the guns turned up in murder investigations, she was finally charged and convicted. Her "punishment" was to be given 18 months in jail, but with early parole she was back on the street in less than a year. Think about that - this woman essentially aided and abetted the commission of at least 4 murders, and yet she spent less time in jail than a petty thief might expect.
But what about those "mentally ill" types we hear about? Surely they will be stopped by a background check. Well, once again, reality is less comforting. The obviously disturbed Virginia Tech shooter bought his gun completely legally, at a gun store, where he passed the background check, as such people often do. And why? Because first, many states have privacy laws prohibiting access to mental health records, and second, the vast majority of people with mental problems have never been treated - so any background check will be useless.
Besides, even the mentally ill who do have a record of mental problems can find a friend to act as a "straw purchaser" for them - which is exactly what the Columbine shooters did. Just like gangbangers in Minneapolis or any other major American city, Harris and Kliebold simply found a girlfriend to buy their guns for them. And even if a background check were to have been conducted on her, she would have passed with flying colors.
But, hey, let's keep focusing on those guys at the gun shows - that'll surely make a difference...and when it doesn't, well, there's always that next step...and the next...and the next...