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Undercover stings lead to allegations of illegal sales at gun shows

Legal loophole abused, NYC says

By Sara Kugler
Associated Press / October 8, 2009

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NEW YORK - Investigators hired by New York City conducted stings at gun shows in states that have not closed the “gun show loophole’’ and found some vendors openly selling weapons to buyers who said they couldn’t pass background checks.

The stings, described in a city report released yesterday, were conducted at seven gun shows in Tennessee, Ohio, and Nevada. Those states are among the many that permit private unlicensed dealers, known as “occasional sellers,’’ to sell weapons at gun shows without conducting background checks.

Advocates of gun control say the loophole makes it easier for criminals to acquire guns and prevents law enforcement from being able to trace those weapons if they are used in crimes.

Nine states, including New York, have passed laws to close the loophole, requiring background checks on at least all handgun purchases at gun shows. Mayor Michael Bloomberg has long campaigned for Congress to close it - and for states to do it on their own if the federal government does not.

Even in states that haven’t closed the loophole, federal law bars “occasional sellers’’ from selling guns to people they have reason to believe would fail background checks.

This is where the Bloomberg operation says 19 out of 30 sellers broke the law during the investigation, in which undercover buyers wore tiny cameras concealed in baseball hats and purses and audio recorders hidden in wristwatches.

In each purchase, the investigator showed interest in buying a gun, agreed on a price, and indicated that he probably could not pass a background check. Most sellers allowed the purchases anyway, according to the report.

Two assault rifles and 20 semiautomatic handguns were bought this way, the report said.

The 11 dealers who refused sales showed they knew the law.

“Once you say that, I’m kind of obligated not to,’’ said one seller, according to the report. “I think that’s what the rules are.’’

The city has no legal authority over the dealers and is using its findings to make a point. A copy of the report is being sent to every member of Congress and the findings will be shared the Bureau of Alcohol, Tobacco, Firearms and Explosives.