Few Private Sellers Taking Advantage of Voluntary Background Checks at Gun Shows

The Richmond Times Dispatch reports that since the new law that took affect on July 1 allowing state police to conduct background checks for privates sellers who wish to check out their prospective buyer, only 21 people have used the service, most in Northern Virginia gun shows:

At gun shows across the state from July 9 to Oct. 23, 21 private sellers opted for the checks.

None of those checks resulted in a transaction being denied because the buyer was a person prohibited from buying a firearm, such as a felon, a person convicted of domestic violence, or someone who had been committed involuntarily to a mental health facility, according to data from the Virginia Firearms Transaction Center, operated by Virginia State Police.

By comparison, 12,606 mandatory background checks were performed by federally licensed firearms dealers at the 23 shows, and 110 of those people were denied the purchase of a weapon, the transaction center said.

Now, you can look at this news two ways, either there aren't that many people interested in doing background checks, or, and this is what I think is more likely, guns shows never were a huge "bazaar" for private individuals selling hundreds of firearms skirting the watchful eye of background checks.

Of course, the gun ban lobby is not satisfied with voluntary checks, sticking to their talking points, saying you will only start catching people who shouldn't have a gun when the checks are mandatory:

“The fact that there have been no denials, in this small sample of sales, is also something that would be expected, since the buyer has obviously agreed to be checked, which would self-select people with clean backgrounds,” Goddard said.

“It will only be when these checks are mandatory, or take place on a large scale, that we are likely to see denials. Voluntary compliance is not the way to effectively stop sales between private seller and ineligible buyers.”

But here is the important quote from the story by Mike Matthews, senior supervisor in the Virginia Firearms Transaction Center, that confirms what I said above:

Matthews said the percentage of private firearms sales at gun shows is smaller than many people might think.

He estimated that perhaps 15 to 20 private sales occur on average at a weekend gun show over two days out of 600 to 800 total transactions — the great majority of which are conducted by licensed dealers who are required to perform background checks.

“This is just an estimate of me walking around the show and what I see,” Matthews said. “I don’t think the number is as big as people make it out to be.”

Really puts the lie to the "40% of gun sales don't go through a background check" garbage the gun ban lobby and President Obama often use.

Gun Show Floor Amendment to Budget Defeated in House

Earlier today, Delegate David Toscano proposed an amendment to the House Budget that would have provided money for private sellers to use the State Police to conduct voluntary background checks on firearms they sell at gun shows.  The amendment is below:

Chief Patron: Toscano		Item 413 #7h
Public Safety
Department Of State Police				Language

Language:

Page 360, after line 35, insert: "H.1. Notwithstanding any provisions of the Code of Virginia, the Department of State Police shall be available at every firearms show held in the Commonwealth to make determinations in accordance with the procedures set out in § 18.2-309.2:2 of whether a prospective purchaser or transferee is prohibited under state or federal law from possessing a firearm. The Department of State Police shall establish policies and procedures in accordance with 28 C.F.R § 25.6 to permit such determination to be made by the Department of State Police. Unless otherwise required by state or federal law, any party involved in the transaction may decide whether or not to have such a determination made. The Department of State Police may charge a reasonable fee for the determination. 2. The promoter, as defined in § 54.1-4201, shall give the Department of State Police notice of the time and location of a firearms show at least 30 days prior to the show. The promoter shall provide the Department of State Police with adequate space, at no charge, to conduct such prohibition determinations. The promoter shall ensure that a notice that such determinations are available is prominently displayed at the show. 3. No person who sells or transfers a firearm at a firearms show after receiving a determination from the Department of State Police that the purchaser or transferee is not prohibited by state or federal law from possessing a firearm shall be liable for selling or transferring a firearm to such person. 4. The provisions of § 18.2-308.2:2 including definitions, procedures, and prohibitions shall apply, mutatis mutandis, to the above provisions."

The amendment failed on a vote of 35-63.

All Anti-rights Bills Defeated in Senate Courts of Justice

After almost four hours, Senate Courts of Justice wrapped up a meeting that was dominated by consideration of firearm related bills.  The Committee defeated all of the anti-rights bills before the committee and move forward a handful of pro-rights bills. 

Update: At the time this was originally posted, it appeared that SB943 had passed the committee and been referred to Finance but a full vote recount was done and it failed miserably, so all of the bad bills heard today died.
Below is the list of bills bad bills that failed in Senate Courts this morning:

SB 768 - McEachin bill outlawing private sales - Defeated.

SB 798 Reinstating handgun rationing - Defeated.

SB 909 Prohibiting anyone subject to a protective order from possessing a firearm, without the protections of due process - Defeated.

SB 943: Prohibits a person who has been convicted of stalking, assault and battery of a family or household member, or sexual battery from possessing or transporting a firearm. - Defeated*

SB 993 Prohibiting private transfer of firearms - Defeated.

SB 1108 - Revocation of CHP for delinquent child support - Defeated.

SB1178 Containing numerous anti-rights provisions - Defeated. 

SB 1179 Criminalize teaching children 4 or younger to use firearms or BB guns - Defeated.
 

SB 1429: Removal of firearms without due process by law enforcement or commonwealth attorney from persons posing substantial risk - Defeated.

There were also some good bills that were reported out of committee:

SB 689 - Lifetime CHPs -  Reported and referred to Senate Finance.

SB 1132 - Exception to the crime of possessing a firearm on school property if a person has a valid concealed handgun permit and possession of a concealed handgun occurs outside normal school hours. The bill also provides an exception if a person with a concealed handgun permit stores a concealed handgun in a motor vehicle in a parking lot, traffic circle or other means of vehicular ingress or egress to the school; current law allows possession while the person is in the motor vehicle in one of those areas.  - Reported.

SB1137 - Provides that lawful concealed carry permit holders shall not be subject to the provisions of certain local ordinances that make it unlawful for any person to transport, possess, or carry a loaded shotgun or loaded rifle in any vehicle on any public street, road, or highway within such locality - Reported

SB1155 - Replaces current requirements that law-enforcement agencies report information regarding confiscated firearms to the Department of State Police with a requirement that information be reported to a firearms tracing system maintained by the U.S. Department of Justice. The bill requires law-enforcement agencies to return stolen firearms to the rightful owner unless the person is prohibited from possessing the firearm or it is needed in a criminal prosecution. - Reported.  

SB1191 - Amends statute that makes it a Class 6 felony to possess a firearm on school property or school bus to require that the person must have knowingly possessed the firearm- Reported

Finally, Senator Dick Black's bill  (SB 828) that would have allowed firearms on the property of private and religious schools was stricken from the docket.

All of the bills reported this morning with the exception of SB 943 and SB 689 are headed to the full Senate for a final vote that will likely take place Wednesday or Thursday.  SB 943 and SB 689 must be taken up in Senate Finance to determine their fiscal impact.

Please contact your state senator and urge him or her to vote for the list of good bills above.


*Note: This is an edited version of a post from January 26th. When this was originally posted, based on initial votes in the committee, it was believed SB 943 had been reported by the committee and referred to Senate Finance.  VSSA tweeted live as did another gun rights group and gun ban advocate that the bill had reported.  When the votes were posted by the Senate clerks office, SB943 had been soundly defeated.  The Washington Post reported on January 27 that due to the confusion, the committee will vote on the bill a second time.
 

NRANews Finds What Media Can't About the Negative Impact I-594 Will Have on Washington Gun Owners

Opponents of Washington state's Initiative 594 (I-594) have been pointing out that the simplest of transfers among gun owners would be impacted by the 18 page law if it is approved by voters.  Most recently San Juan Island Sheriff Sgt. Scott Brennan wrote about how residents on the island off Washington's coast would be negatively impacted if the initiative passes:

This means if you want to sell your long time neighbor John that shotgun he has always admired, you, John and the shotgun have catch the ferry to the mainland and drive to a licensed gun dealer in Anacortes or Mt. Vernon.

You have to register the gun. John has to fill out background check papers. You have to pay a ‘reasonable fee’ (whatever the gun dealer wants) You then both go home and wait.

Then 10 days later, you, John and the shotgun again catch the ferry back to the mainland and go back to the dealer, where John finally pays you and you get to hand him the shotgun. That’s SALES.

Now, we get into TRANSFERS. Sooo, the deputies want to surprise a retiring officer with a gun as a gift. The gun owner, the gun and the retiring officer again have to catch the ferry and go the mainland gun dealer. We have to register the gun and the ‘surprised officer’ has to do the background check paperwork. We again pay the ‘reasonable fee’.

Then we all get to go home again and wait ten days. Then we again catch the ferry to the mainland, go back to the gun store and finally ‘surprise’ our coworker with his gift (TRANSFER).

Here is one better. I want to loan my friend Gary my break down shotgun for his motorcycle trip to Alaska. We, once again, have to go to the mainland, drive to Anacortes or Mt. Vernon, register the gun, Gary does the background check and we pay the ‘reasonable fee’.

Ten days later we’re back and I get to ‘loan’ him the gun in front of the dealer. Gary has a great trip and comes back three weeks later. After he comes back, we all have to go back to the mainland, go back to the dealer and now I have to fill out the paperwork and pay the fee to be approved to get my own gun back.

What has been the response of proponents to folks that point out these facts? They simply deny it and move on and the media in Washington have been happy to leave it at that.  So, it has been left to the new media, in this case, Cam Edwards of NRANews, to go to the 18 page document and confirm what Sgt. Brennan and others have been saying.

These arguments appear to be gaining traction as polls have shown support for the initiative has begun to drop even though supporters have spent millions and still have millions more to spend in the closing weeks.  And, gun ban proponent Gabby Giffords will be closing out her "Protect All Women" tour in Washington just before the election.  Pro-rights forces have their work cut out for them.

Firearm Retailers Talk about Private Sales

WHAG TV in Hagerstown, MD, recently spoke with some Virginia firearm retailers about gun shows and private sales. Jimmy Johnson of Virginia Pistol (a VSSA advertiser) offered some good advice for private sellers who want to insure the firearm they are selling does not end up in the wrong hands:

"In the commonwealth of Virginia, it is legal to do private sales between individuals. What I'd recommend they do is if they don't want to take that person to a firearms dealer, is complete a bill of sale, and ask that individual purchasing the gun for a photo identification," said Johnson.

The full report is below.

Supreme Court to Hear Case of Virginian Convicted of "Straw Purchase"

ABC News has the story here.  The defendant,  Bruce James Abramski, Jr., a former police officer, purchased a Glock 19 handgun in Collinsville, Va., in 2009 and transferred it to his uncle in Easton, Pa.  His uncle is legally able to own and purchase firearms.  Apparently, Abramski used his police discount so that his uncle could get it a little cheaper than he would have if he bought it himself in PA.

Abramski says he should not be considered a straw purchaser because his uncle is not a prohibited person.  The Feds say he lied on his 4473 because he said he was the "actual buyer."

You will recall that all the talk about so-called "universal" background checks back in April was really more "transfers" than purchases.  Manchin/Toomey/Schumer could have made you a felon for "transferring" a firearm to someone without first conducting a background check, including simply letting a friend try your firearm at the range.  Colorado's new "universal" background check does the same.  So, this could prove to be an important case.

Democrats Push Gun Control, Recruit Pro-Gun Candidates

The Hill reports this morning that the National Senate Republican Campaign Committee is pointing out the hypocrisy of Democrat leaders who are pushing gun control at the national level while recruiting pro-rights candidates in states like Montana and South Dakota in the hope of retaining their senate majority:

The Democratic Senatorial Campaign Committee (DSCC) posted a message on its online action center Friday calling for people to sign up to support Obama’s agenda of immigration reform, commonsense gun control and equal rights. But it’s eyeing candidates in Montana and South Dakota who are not likely to support Obama’s gun control initiatives.

Two of those being recruited are former Rep. Stephanie Herseth Sandlin (D-S.D.) and former Montana Gov. Brian Schweitzer (D-MT).  Both have "A" ratings from the NRA as past office holders and were popular in their states.  Herseth Sandlin lost a close race for re-election in the wave election of 2010 and is considered the strongest candidate among Democrats to hold on to the seat.  It is unclear whether either candidate would vote with their party to criminalize private sales but a political science professor at Montana State University said it is unlikely that Schweitzer would go along with that proposal.  Max Baucus, the individual that Schweitzer would be running to replace, also voted against the Schumer, Manchin, Toomey amendment and it turned out he was not planning to run for re-election.

Contrast what Baucus did with Virginia's own Mark Warner, who likes to portray himself as a  "bipartisan moderate" Democrat that is above party allegiance.  Warner has never bucked the administration on any important vote from Obamacare to the budget.  And he did not disappoint Obama on "expanded background checks."  I'm not counting the vote on the ban on sporting rifles or standard capacity magazines because even Obama did not push either of those other than giving lip service.  The line in the sand was drawn on background checks and on that test, Mark Warner failed.

Gun owners need to question candidates in 2014 on the issue of where they stand on private transfers.  Don't let them weasel word the issue.  Make them be specific.

Less Than 1% of Background Checks Were Prohibited Persons Attempting to Buy Firearms

The Richmond Times Dispatch had this article today that will likely be used by the gun ban lobby in their push to criminalize private firearm sales but when you look at the numbers, the number of prohibited persons who tried to legally purchase a firearm are very close to what the U.S. Department of Justice Bureau of Justice Statistics found in study released in 2001 - that very few criminals attempt to buy their firearms legally.

In 2012, less than one percent of the background checks run were denied.  A total of  432,387 firearm transactions were conducted in Virginia last year (note that a single background check does not necessarily correlate to individual firearm sales as an individual could be purchasing two shotguns at one time and only one background check would need to be conducted).  In 2011, the total was right at 1%.  And not all of those denials were necessarily convicted felons or other prohibited persons attempting to purchase a firearm.  Some denials were individuals trying to purchase more than one handgun in a 30 day period, which was not legal from 1993 to July of 2012 with limited exceptions.

It should also be noted that of those 3444 denials last year, the Times Dispatch reports only 531 resulted in an arrest.  Which begs the question, were some of those denials false positives as Professor John Lott has indicated?

More Evidence That Congress Will Focus on Background Checks

This from the Wall Street Journal:



And this from Roll Call Daily Briefing:

The betting odds today would be that universalizing background checks (which has overwhelming public support) has a 2-in-3 chance of becoming law, curbing ammunition clips is a 50-50 proposition and the reinstatement of the assault weapons ban (which expired in 2004) is no better than a 1-in-10 shot. (So far, the other things he wants Congress to do — including increasing mental health care funding, boosting federal aid for school security and lifting restrictions on government studies about the causes of gun violence — have not gotten enough attention to merit such predictions.)

Keep up the pressure on your U.S. Senators. Vice President Joe Biden has said new gun laws would not stop mass shootings.

Long Afternoon in Senate Courts to Include Three Firearm Bills

Senate Courts of Justice will meet a 1/2 after the Senate adjourns.  They have three firearm bills on the long docket.

Senate Bill 1001 - Richmond State Senator Henry Marsh's annual attack on gun shows that requires a background check on all private firearm transfers at a gun show.  Under current law, only licensed dealers must obtain such a check. (VSSA opposes)

This bill went through some lengthy discussion last Friday, was amendmened with a substitute to require that only FFLs could transfer firearms at gun shows (private owners would have to consign their firearms to dealers if they wanted to sell them at the show).  The substitute passed but then Republican Bill Stanley, who voted for the substitute, had second thoughts and about an hour after the bill was reported and referred to Senate Finance, the committee convened on the floor of the Senate to reconsider the vote.  It was then referred back to Senate Courts of Justice.  Stanley usually supports the pro rights position. The Legislative Information System does not indicate any of the activity that took place Friday.

Senate Bill 1299 - Provides that certain criminal history record information and protective order registry information shall be made available to the Attorney General of the United States for the purposes of using the National Instant Criminal Background Check System to determine a person's eligibility to possess or receive a firearm under state or federal law.  (VSSA supports)

Senate Bill 1363 - Provides that residency for members of the armed forces for the purposes of firearms purchases in the Commonwealth shall include both the member's permanent duty post and the nearby state in which the member resides and from which he commutes to the permanent duty post. (VSSA supports)

It may be early evening before we know the outcome but VSSA will post on Twitter and here when the bills are taken up.

Senator William Stanley Abandoned Gun Owners on Gun Show Vote

As detailed in VSSA's legislative update emailed out earlier today the busy morning in Senate Courts of Justice defeated most all of the anti-rights legislation except one - the so-called "gun show loophole" bill.  Two bills were combined into one and then anti-rights Senator Donald McEachin offered an amendment in the nature of a substitute to require private sellers to consign their firearms to an FFL in order to sell them at a gun.  This is burdensome not only to the private seller, but also to FFLs, who are (rightly) more concerned with their own livelihood than trying to sell someone else firearm.

This would not have happened if Delegate William Stanley from southwest Virginia had not abandoned gun owners.  It was expected that committee chairman Thomas Norment would vote for the bill because he has done so in the past.  But if Stanley had not voted for the bill, it would have died 7-7. Even after casting the vote, the Times Dispatch reported that he was already back peddling.

Even Stanley, a conservative Republican from Southwest Virginia, backpedalled somewhat after the vote, saying the bill needs work and he needs to see it in its final version before deciding whether to continue to support it.

“The concept I support,” he said, noting that the legislation would not restrict the private sales of guns outside of gun shows. He called it “a work in progress.”

The bill now goes to Senate Finance to determine if it has a fiscal impact.  If it clears the finance committee, it will head to the floor where the vote will be close.  Please contact Senator Stanley and politely but firmly let him know how disappointed you are with his vote and to urge him to vote no on SB1001 if he is has the opportunity to vote on the bill again.

McEachin Bill Targets All Private Firearm Sales

Richmond anti-rights State Senator Don McEachin has finally introduced what we all knew was the real target of the so-called "gun show loophole" bills - ending private sales of firearms. Senate Bill 379 would make it a Class 2 misdemeanor for a person who is not a licensed dealer to sell, rent, trade, or transfer a firearm to any other person who is not a licensed dealer, and make it a class 2 misdemeanor for a person who is not a licensed dealer to buy, rent, trade, or transfer a firearm from any other person who is not a licensed dealer.  So, the charade is finally over.

New Mayors Poll of Virginians on Guns Flawed

The Richmond Times Dispatch is reporting today that Mayors Against Illegal Guns (MAIG) released a poll of Virginians that says a large majority support stiffer gun regulations.

•84 percent of Virginians support requiring gun dealers to notify police when someone fails a background check.
•88 percent of Virginians support a law to require background checks for all guns sold at gun shows.
•85 percent of Virginians support tracking the bulk purchase of semi-automatic assault rifles.

First, most everyone knows you can get the outcome you want from any poll simply by the way the question is asked.  Add to that the fact that the poll was conducted by Democratic polling firm Hart Research, and one can quickly determine that the questions are most likely more favorable to an anti-rights perspective.  In addition, the regions of the state where the respondants live are not identified in the polling data provided by MAIG.  So, if the respondants were slanted toward urban areas or Northern Virginia, one would expect responses more favorable to gun control.

The MAIG Poll asked  questions for everyone, then had specific questions of people surveyed in certain states, including Virginia.

While the MAIG press release noted that there was some support for stricter gun laws in Virginia regarding the sale of firearms, when you look at the results of the poll, there was actually a larger percentage of Virginia respondants (46%) that said they should stay the same than thought they should be stricter (42%).

On the Federal legislative front, New York U.S. Senator Charles "Chucky" Schumer used the occasion of the poll results release to introduce the "Fix Gun Checks Act of 2011."  The legislation would require federal agencies disseminate records on people who are prohibited from purchasing firearms, such as felons, drug abusers and the mentally ill. It also would require background check on private sale of firearms.

In the lead of to the 2012 election, the gun ban lobby is doing everything they can to get President Obama to take a more prominent role in pushing their agenda.  The fact that Chucky Schumer is now introducing legislation in the U.S. Senate, it appears that the leadership of the Democratic Party is ready to once again step into the issue and push the agenda too.

I will be discussing the poll on today's NRANews' Daily News at 5:00 PM.

Correction: The documents provided by MAIG regarding the Poll shows support for stricter regulation of firearm sales to be 55%-35% in Virginia but does not indicate if that is among all respondants or just among the non-gun owning households.  The numbers referenced in the above paragraph refer to the rate of support among gun owning households, which they provided as a separate category to show that "Even in gun households, there is some support for stricter gun laws."