The Virginian-Pilot
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Among the hundreds of handguns, knives and military arms inside Bob's Gun Shop - "in a Navy town, you have to have military guns" - owner Robert Marcus rarely refuses to sell to potential buyers. In maybe 98 times out of 100, background checks go off without a hitch at his huge store on Granby Street in downtown Norfolk.
An instant check of records through state and federal databases indicates whether his store can make the sale. "It doesn't interfere with anyone's rights," Marcus, 56, told me Thursday. Firearms dealers appreciate the swiftness and convenience, he added.
Why, then, won't Virginia lawmakers stop bowing to an intransigent gun lobby and close the yawning "gun show loophole"? It's common-sense legislation that has died repeatedly in the General Assembly. It should be resuscitated.
Federal law requires licensed gun dealers to screen buyers for criminal records, including outstanding warrants, and mental health histories.
These rules, however, don't apply to so-called private sellers, such as hobbyists and collectors. Though dealers have to check the background of purchasers at gun shows, hobbyists and collectors don't. Around 65 shows take place every year in Virginia.
The value of such checks was evident Thursday in The Virginian-Pilot. Barry Cleveland Roberts, 22, of Chesapeake, went into Bob's Gun Shop this week, trying to buy a 9mm semiautomatic handgun. He filled out background forms and left, but checks indicated he was wanted in Baltimore on a first-degree murder charge in an Oct. 12 shooting death.
Lured back to the store by phone, Roberts was arrested by four state troopers and a Norfolk police officer. Marcus said the suspect was a big guy who had to be wrestled to the ground.
Norfolk law enforcement officials say Roberts waived extradition Tuesday and will be sent to Baltimore. He's been charged with killing Darius Burton, 18, who died of several gunshot wounds. Baltimore police declined Thursday to discuss a motive, but a spokesman told me the two men apparently didn't know each other.
Baltimore police can thank the records check system for the arrest.
A Virginia State Police spokeswoman said that in the first nine months of this year, 168,312 recorded firearm transactions took place in the commonwealth. Some 181 were denied because of outstanding felony or misdemeanor warrants, 54 people were arrested. Though Roberts, the suspect, told police it wouldn't make sense for him to try to buy a handgun if he had a warrant out on him, his pleas were met with handcuffs.
So, why won't state lawmakers provide this extra layer of protection at gun shows? It's as if they'd rather risk public safety - by letting some criminals go free - than antagonize the National Rifle Association and other gun rights groups. Yet Gov. Tim Kaine, victims of the 2007 Virginia Tech massacre, law enforcement officials and others have supported legislation that would force background checks for every sale at gun shows.
Sen. Henry Marsh, D-Richmond, has sponsored bills in past Assembly sessions, including this year's. He's been unsuccessful.
It's worth the fight. Keeping guns out of the hands of criminals should be an issue gun-control and gun-rights advocates can agree on - no matter who's selling the weapon.
Roger Chesley is associate editor of The Pilot's editorial page. Reach him at (757) 446-2329 or roger.chesley@pilotonline.com.
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what about the guns sold at
What about the guns that are sold at antique shops and auctions, that are not antiques? What control is there on those?
Actually,
there is a loophole for sales of guns at gun-shows. Private individuals can sell to other private individuals at gun-shows. They also can do that in their homes. There is no background check on such sales.
There is no loophole!!
Once again, the "loophole" is a myth! Background checks ARE performed at gunshows, either by the Virginia State Police, or the local police, who are running them ON-SCENE! For the life of me, I cannot understand how this myth - which is a complete fabrication - continues to survive.
Rights don't need Government Permission
There are some problems with your proposal to outlaw gun collectors at gun shows.
1) Collectors can already licensed by the BATFE.
2) Federally licensed collectors cannot access the NICS background check system. This is federal law and cannot be changed with a state law.
3) Licensed Collectors are permitted to engage in interstate trade, which licensed dealers cannot do at gun shows.
4) The proposed law would outlaw much of the collectos activity at gun shows.
5) Gun collector activity at gun shows brings tourism and money to our local economy.
6) Collectors do not deal with the same firearms as criminals. No gang banger is going to pay$1200 for a nice m-1 Garand or an original 1911.
7) The right to keep and bear arms is the only property right enumerated by the constitution. We should not need federal or state govt. permission to exercise our rights. Remember, the NICS check is regulating a dealer, who is engaged in interstate trade, not the consumer. Kind of hard to square the curtailment of a constitutionally protected right with your proposed law.