Does Time To Crime Help Us Understand How Guns Get Into The ‘Wrong Hands?’ I Don’t Think So.

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Ever since the NICS system went fully operational in 1998, gun-control advocates have been pushing to expand background checks beyond the original countertop sale. And while it’s arguable, to say the least, that 40% of all gun transfers take place outside of the NICS background check process, there’s no denying the fact that regulating the movement of firearms throughout the civilian marketplace means, by definition, that less guns would get into the ‘wrong hands.’ In the meantime, however, the lack of comprehensive background checks has also spawned a series of assumptions about how and why guns end up being used in crime, and these assumptions then lead to policy strategies whose effectiveness, as far as I can tell, would be questionable at best.

nics The biggest assumption flowing from the patchwork NICS system is the notion that guns end up in the ‘wrong hands’ because of something called ‘straw sales;’ i.e., someone who can pass muster with NICS buys a gun for someone who can’t, or someone sells a firearm to someone else who is prohibited under law from owning a gun. Another corollary that runs along the same line is the notion that many crime guns come out of the inventories of a relatively few rogue dealers who consciously furnish these weapons to so-called ‘gun traffickers’ who then set up shop on a gang-infested street. This leads to the third corollary, namely, that states with weak gun laws (read: the South) are the spores out of which all these straw sales and gun-trafficked weapons initially emerge, then to be carted off and resold in gun-tough states like New York and other parts of the Northeast.

Much of this evidence about how, why, when and where crime guns appear comes from those folks who are responsible for regulating gun commerce, a.k.a. the ATF. The agency publishes an annual report on a state-by-state basis which shows how long it takes for a gun originally sold by a federally-licensed dealer to wind up in the street. This process is known as Time To Crime (or TTC), and the average for all 50 states is somewhere around 11 years. Consequently, when the ATF notices that a particular dealer has a TTC of two years or less, there’s a good chance that this shop is somehow involved in straw selling, gun trafficking, or both. Let me break the news to you gently: If I had a nickel for every piece of research that has been published on the utility of TTC as a way to cut down on guns ending up in the wrong hands, I’d be sitting in Zelo’s in Monaco instead of the diner near my house which has a hot spot that I’m using while I write this piece.

I hate to break the news to the ATF and the gun-control advocates who rely on the ATF to help formulate their strategies for regulating guns, but the TTC data published by the ATF doesn’t explain anything about the movement of guns from legal to illegal hands. The trace request received by the dealer is based on the date that the wholesaler shipped him the gun. So the data which comprises a TTC dealer profile is based on the first time a particular gun was sold. In most gun shops, upwards of 40% of the guns that are sold (and for which a NICS check is conducted) happen to be used guns. I sold more than 12,000 guns in my shop and I can tell you that I often sold the same gun two or three times. But if I received a trace request for that gun, my response would be based only on the earliest, initial sale.

If the average gun dealer sells 30-40 percent used guns, there’s a 30-40 percent chance that the ATF trace will not be a reliable indicator of when that particular gun started moving from legal to illegal hands. Want to base public policy and advocacy on those odds? You go right ahead.

 

If We Curb Straw Sales Do We Curb Gun Crime? I’m Not So Sure.

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Last week the NSSF announced they were going to bring their Don’t Lie for the Other Guy billboard campaign to Oakland, CA, Wilmington, DE and Camden, NJ. They claim that the campaign will generate more than 11 million weekly “media” impressions, which I guess is the number of people who might drive past these billboards in a week. I always thought that the only roadside billboard which made any impression on drivers was the one that reads Next Exit, but the NSSF probably knows something about advertising that I don’t know.

The gun industry has been promoting this campaign for years, the idea being that conducting a background check for over-the-counter transfers deters “straw” sales. The industry has also been fighting tooth and nail to prevent background checks on transfers of guns that take place outside of a gun shop, but since you can’t lie on a background check form if there is no background check form, in their own stupid way at least the NSSF’s Don’t Lie campaign is nothing if not consistent.

One area in which both sides of the gun debate appear to agree is the idea that straw sales are a major source of guns that end up being used in crime. Obviously the Don’t Lie campaign is based on this premise; ditto are statements from the various gun-safety advocacy groups. But when it comes to getting on the Let’s Stop Straw Sales bandwagon, nobody outdoes the ATF. Not only does ATF partner with the NSSF in the Don’t Lie campaign, but they take the whole thing a step further by running educational seminars for dealers and distributing thousands of Don’t Lie campaign kits to gun shops nationwide. The ATF takes this issue very serious because, according to them, “The denial of guns to prohibited persons is critical to the mission of ATF in preventing violent crime and protecting the nation.”

Which brings us full circle back to the reason for the concern about straw sales in the first place, namely, keeping guns out of the ‘wrong hands.’ The idea that we can deter crime by defining certain groups of crime-prone people who are, ipso facto, unable to legally acquire a gun was the basic premise of the GCA68, as well as the Brady bill of 1994. According to the FBI, more than 700,000 gun transfers were denied over the past ten years, which resulted in “saving lives and protecting people from harm.” In other words, thanks to the NICS system, roughly 70,000 people each year were prevented by NICS from getting their ‘wrong hands’ on guns. Which brings up some interesting questions: If 70,000 would-be criminals couldn’t walk into a gun shop each year and briefly thereafter depart with a gun, how come the number of gun homicides since 2000 hasn’t declined at all? How come the overall rate of firearm violence has not essentially changed since 2003?

I’ll tell you why. Because maybe, just maybe the ability of criminals to get their ‘wrong’ hands on all those crime guns doesn’t have all that much to do with straw sales. The Justice Department estimates that at least 200,000 guns are stolen each year, and that’s probably a minimal number at best. Of course the ATF will chime in and tell you that each year they have done more than 300,000 traces of confiscated guns over the same period of time, but if you look at their trace reports carefully you’ll notice that less than 20% involved guns picked up in serious crimes.

One way or another at least 100,000 – 150,000 guns get added to the ‘wrong hands’ arsenal each year without anyone committing a straw purchase at all. Don’t get me wrong. I’m not against extending background checks to secondary transactions or private sales. But for the last twenty years I’ve been listening to public health scholars and gun-safety advocates promote the necessity to curb straw sales and now the chorus also includes the NSSF. Anyone interested in doing something about theft?

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