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Bloomberg Blames Congress For Gun Sale Loophole In Wake Of Probe

First Posted: 01/31/11 12:38 PM ET Updated: 05/25/11 07:30 PM ET

Gun Show Las

WASHINGTON -- Citing findings from a recent investigation of Arizona gun-show sales, New York City Mayor Michael Bloomberg offered a harsh indictment Monday of Congress' failure to close gun-control loopholes that allow individuals to buy weapons from private sellers without a background check.

"We have demonstrated how easy it is for anyone to buy a semiautomatic handgun and a high-capacity magazine, no questions asked," Bloomberg said.

Over the weekend, the mayor's office announced that a team of investigators found they could easily purchase firearms in Arizona without a background check -- even if they volunteered to the sellers that they "probably couldn't pass a background check anyway." The city sent its team to the "Crossroads of the West" gun show in Phoenix from Jan. 22-23 and recorded their attempts to buy firearms without proper clearance.

On Monday, Bloomberg trumpeted the findings as proof that current gun-control regulations are ineffective at keeping firearms out of the hands of criminals, the mentally ill and others who are barred by law from purchasing them.

Private gun merchants are not required to run background checks when they sell firearms, but are barred from providing them to individuals who the seller "has reason to believe" are prohibited from purchasing weapons. In one video, however, a seller at the gun show tells the investigator, "Just need to see an Arizona ID and that's it with me." When the investigator replied that he "probably couldn't pass one," the seller looks down, shakes his head and proceeds with the sale.

The investigators also purchased a Glock 9mm -- similar to the gun alleged Tucson shooter Jared Loughner used -- without a background check from a private seller at the gun show, which is legal under a loophole in federal firearms laws. Although federally-licensed gun-dealers are required to make background checks before selling guns, private and supposedly "occasional" dealers are not required to conduct such checks.

Critics of the current sales law say the gun-show loophole allows criminals and other prohibited buyers an easy avenue for purchasing guns, but legislation to change that has stalled in Congress. After the Tucson shooting earlier this month, several lawmakers introduced bills to strengthen gun laws, including a bill that would require background checks for all gun sales, but they are unlikely to pass.

Even mandatory background checks would not necessarily prevent guns from falling into the hands of criminals or the mentally ill, however, given massive holes in the background-check system from states that have entered few or no records into federal databases. Bloomberg, whose gun-control advocacy group listed in 2009 40 ways President Barack Obama could rein in illegal gun use without new legislation, argued that the investigation proved Congress needs to appropriate more funding to help states bring the background check system up to date.

"This country must take two simple steps to stop more of the 34 murders that occur with guns every day: make every gun sale subject to a background check, and make sure the background check system has all the required records in it," Bloomberg said. "Congress should act now, but gun show operators shouldn't wait. They can do the right thing today by making sure that every gun sale at their shows is subject to a background check."

He shouldn't expect the White House to step in, though. Obama has signed into law bills that permit the carrying of concealed weapons on trains and in national parks. Last January, the Brady Campaign to Prevent Gun Violence gave him an "F" for his first year in office.

Lou Fascio, who owns the largest casino in Reno, Nev., and Bill Goodman, who owns gun shows in Tennessee and Ohio, told New York they will end sales without background checks after New York City investigators targeted their shows in a 2009 undercover operation.

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WASHINGTON -- Citing findings from a recent investigation of Arizona gun-show sales, New York City Mayor Michael Bloomberg offered a harsh indictment Monday of Congress' failure to close gun-control l...
WASHINGTON -- Citing findings from a recent investigation of Arizona gun-show sales, New York City Mayor Michael Bloomberg offered a harsh indictment Monday of Congress' failure to close gun-control l...
 
 
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ClarkOHrepub
BO & Co have Gotta Go!
09:19 PM on 03/10/2011
Sorry...but with the threats democrats are making toward republicans lately, we need freedoms to protect gun sales.
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MCope
Just another everyman
01:47 AM on 02/16/2011
Doonesbury has a way of putting things into perspective: http://www.doonesbury.com/strip/archive/2011/02/13
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me again
I'm not wrong....
10:47 AM on 02/06/2011
The Federal Law has been on the books since 1968. However, the States are loathe to enforce them, for either political reasons and or expense. To properly enforce the law, every gun buyer and licencee must be subjected to a drug test and a psychological analysis. It is unfortunate the States do not uphold the law and we will see more innocent people die because of it.
02:50 AM on 02/08/2011
I'm going to have to declare shenanigans here. I have to request a specific citation and a link to support your claim. I've just been reading Gun Control Act of 1968 from the ATF site and found nothing like you describe. Please provide specific quotes and page numbers. The link below is from the official ATF.gov site.


http://www.atf.gov/regulations-rulings/laws/
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12:18 PM on 02/04/2011
Mike for next president. He makes sense.
09:54 AM on 02/04/2011
No link the actual Rachel Maddow interview?
10:31 AM on 02/03/2011
Hmm...maybe we could punish lawbreakers?

"What if the Gun Nuts are Right?
Could locking up bad guys save more lives than gun control? The success of Operation Cease Fire suggests the answer is yes."

"Perhaps what is most curious about both Cease Fire and Exile is that they are pet projects of the gun-loving fanatics who run the NRA — the National Rifle Association. In fact, it’s doubtful Cease Fire ever would have happened without prodding from the NRA."

"Yet with Exile and Cease Fire, it is quite possible that the NRA has already helped prevent more gun violence in Richmond and Philadelphia than any gun-control law ever has."

http://www.sodahead.com/united-states/project-exile-program-aims-to-get-guns-off-city-streets/blog-44786/
01:19 PM on 02/02/2011
Why should we listen to 'Mayors Against Illegal Guns'? There are more felons in their 'club' than you will see on the wall at the Post Office.
Their Bi-Partisan Poll to show that most american favor 'common sense' gun control was conducted by a firm with huge ties to democratic fundraising schemes, and trade unions. On their front page 'Momentum Analysis' suggests they will tailor their questions to reflect what outcome you expect from their research.
Ask yourself why should we listen to a group that presents 'sham' data to support their position and counts dozens of felons as their members that want to disarm you?
05:32 PM on 02/01/2011
Bloomberg seems to be the only politician dumb enough to keep after this losing battle. Old Bloomy needs to move to N. Korea, he'd fit right in. All corrupt government officials there being protected by armed guards just like him think that the insignificant masses should not have access to guns, thats how they stay in control and keep oppressing them.
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Zork4
You can have your own opinion, not your own facts.
11:33 AM on 02/06/2011
Yeah right. Freedom requires having fools running around with hi cap mags. Don't think so. There is nothing wrong with having gun purchasers show they are not prohibited from owning firearms. That's the law. The gun shows are in practice, unregulated.
12:32 PM on 02/01/2011
OK,,, so you "fix" the loop hole. It should be fixed to be consistent, anyway.

Outlaws buy guns from outlaws. Outlaws don't follow the law.
How do you want to fix that?

With more laws that makes it harder for law abiding, mentally stable citizens
to purchase guns? That is what we have done for the past hundred years.
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Praetoria Cohors
Pragmatic Libertarian
01:16 PM on 02/01/2011
I think we should outlaw the outlaws. And then outlaw the outlaw from selling outlawed guns to another outlaw.

Or, we could enforce our existing laws.
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HUFFPOST PUNDIT
Rooster Coburn
Less Gov't + More Responsibility = A Better World
02:44 PM on 02/01/2011
ATF Tee Shirt
http://www.thoseshirts.com/images/model-atf-C375.jpg
03:20 PM on 02/01/2011
Your first paragraph made more sense than your second.
10:26 PM on 02/01/2011
All FFL (retail) dealer sales anywhere are required file ATF form 4473 and a NICS check. The "loophole" is that Brady never applied to private sales. Anti-gunners now want to backdoor private sales into NICS. I say backdoor because they always use the "gunshow loophole" lie, they never says it's about making private sales comply with FFL regulations. Ultimately, what is the 'gunshow loophole"? It's private sales. If they close the "gunshow loophole" will they be ok with private sales on craigslist with no checks or will we be hearing about the "craigslist loophole"? I'm actually ok with private sales using NICS through an FFL dealer, as long as the dealer running the NICS check doesn't retain any record of the sale. Make it even more "fair" let the Fed pick up all NICS fees, make it free to the purchaser. I sell you a gun, I save the 4473 as proof of an approved sale, it's not in any computer and nobody has a paper trail unless they come to my house with a subpeona.
02:21 AM on 02/06/2011
Why would anyone report a private sale? They would then want you to declare the money received as income and pay taxes on the transfer. A thinking person would never report a private sale, but I agree with blocking the gun show loophole.
11:52 AM on 02/01/2011
Bloomberg should investigate who runs for office in NY state
enator Schumer doesn’t know the three branches of government
Schumer says the three branches of government are the Senate, the House, and the president.
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Rich Baska
BlueTrooth
11:31 AM on 02/01/2011
The NRA is in full swing here on these comments. You can explain how the loophole isn't really a loophole, but we've all seen the videos that prove the gun shows are a black market haven.
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JimInHouston
Arma virumque cano...
11:40 AM on 02/01/2011
"The NRA is in full swing here on these comments. You can explain how the loophole isn't really a loophole, but we've all seen the videos that prove the gun shows are a black market haven."

Yeah, you just keep believing those hit pieces.

Have you ever been to a gun show? If you have, you would notice that they are crawling with cops. One can only imagine the number that are out of uniform or the BATFE presence. I'm not denying that occasional illegal sales occur, but "black market haven" is not an accurate description.
11:42 AM on 02/01/2011
black market haven

are you for real I can tell you have never been to one
02:29 PM on 02/01/2011
I go to the DC Gun Show at least once or twice a year, and it is not like people think. People like this guy like to think that you can walk up to someone and just say hey "I need a gun with no background. How much?" and someone will sell you one.
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disgustedwithall
USA not free/safer if citizen requires gun for it.
11:23 AM on 02/01/2011
Noted few great posts by reasonable gun owners, more need speak out, let the pols know NRA does not speak for us, Kind of frightening on this "Carry" thing, no tests etc, as most shooters KNOW a handgun is good at maybe 3 yards for 95% of public Having been to ranges, hear to much John Wayne "tech talk" about killing, stopping, firepower from to many "Legal carry" types.
Guns shows if they wanted could set up a background check machine, used by all on site, and cure the "Private" seller issue. Note there is NO mandatory record for "Private sellers" as to how many guns they sold, so at what point they are actually a dealer, is wide open. "Background Checks" for private hand guns, not private gun show sales, should be set up via local cop shops or such for free.

Do not attend gun shows anymore, they are full of paranoids, fearful of "the government" and worse yet most look more like Army surplus gun sales. 90% of guns I saw at last show were some sort of take off on military or law enforcement "weapons" not hunting, sporting or target guns. Must be getting scary to be a cop now days, no longer sure guy with a gun is bad guy or good guy. Note most gunnies only offer on solution to "dangers out there", more guns rather then fixing the mess. We need reasonable moderates on both sides to craft gun laws not pols/NRA
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Believein2012
redistribute your wealth here
10:38 AM on 02/01/2011
So term-limits don't apply to me mikey had to go to Az to prove a point about gun control - what a joke. Ask any native born NY'er and they could get their hands on a weapon in a day or two. Perhaps blumberg should stay a little closer to home instead of looking for dirt in someone else's backyard.
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disgustedwithall
USA not free/safer if citizen requires gun for it.
11:26 AM on 02/01/2011
For sure as we all know those guns sold at no background check private sales never make it out of state where they were sold, or even the massive "private sale gun purchases" by organized criminals never leave the state they were bought, and none of those 3000 yard killer 50 caliber rifles purchased "Legally' in USA, among others, never made their way to thugs in MX? Your wisdom on the mess is obvious to all
11:44 AM on 02/01/2011
another one that drinks the anti Kool aid, how many 50's do you think are used in Mexico
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Praetoria Cohors
Pragmatic Libertarian
03:49 PM on 02/01/2011
"...and none of those 3000 yard killer 50 caliber rifles...."

What? Do you know how far 3000 yards is? I will help you out. 1760 yards is a mile. 3000 yards equals 1.7 miles. I own a .50 cal, and the longest range I shoot semi-consistently is 1000 yards. And I do it competitively. Even then, atmospheric conditions must be figured in perfectly to score direct hits. Quit believing what you have read on some internet site claiming to know otherwise. Or are you just exaggerating for shock value?

That is almost as bad as when Rachel Maddow posted "7.62mm anti-aircraft gun" on her show. Next time, do a little research instead of making it up. Some of us know better.
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dmsdzinr
Progression wit a twist of sarcasm.
09:40 AM on 02/01/2011
THANK YOU Mayor Bloomberg for being one of a very few politicians who believes ENOUGH is ENOUGH with all the guns in America. MORE guns is NOT the ANSWER. Hell, we don't even enforce the gun laws that are on the books. Bloomberg has the spine to stand up to the NRA.
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Praetoria Cohors
Pragmatic Libertarian
12:25 PM on 02/01/2011
"Hell, we don't even enforce the gun laws that are on the books."

And there you have it. Before attempting to pass new legislation, perhaps we should enforce the laws we already have.
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dmsdzinr
Progression wit a twist of sarcasm.
01:07 PM on 02/01/2011
AGREED! But it is only a START!
HUFFPOST SUPER USER
JPMac
09:18 AM on 02/01/2011
There are plent of gun laws it's an enforcement issue not only in AZ but accross the country. Bloombergs stunt is just that...this guy clearly has his sights on a national political position!
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dmsdzinr
Progression wit a twist of sarcasm.
09:41 AM on 02/01/2011
CARING about PEOPLE who are killed by guns everyday is NOT a Stunt!!!
10:04 AM on 02/01/2011
Caring about me protecting my family WITH a gun is also not a stunt.