While the gun debate continues to rage across the country, the incidence of gun crimes continues to soar. Although the Second Amendment often seems to take center stage in the argument, we thought it would be interesting – and perhaps educational – to take a look at the question of how so many guns find their way into the hands of folks who use them to commit crimes.
At the core of this issue are those who oppose gun laws of just about any form. Their position, as we understand it, is that because guns don’t kill people, gun laws don’t have any appreciable effect on gun crimes. Philosophical issues aside, that position appears to be not only unfounded, but contrary to the weight of the evidence. We know, for instance, that seven of the top ten states with the strongest gun laws are also among the top ten states with the lowest gun death rates. We also know that when the states are ranked according to the strength of their gun laws – including background checks, mental health reporting, and others – Arizona comes in dead last.
So just how to the lax gun laws translate into higher crimes? One way is that those states, like Arizona, which exert little control over gun sales, are havens for what are referred to as “bad apple” gun dealers. The designation is based upon a fact we found surprising, and that is that 5% of the gun dealers nationwide supply 90% of traceable guns that were later found to have been used in crimes across the country. Arizona is also the fifth largest exporter of guns used in crimes committed in other states, and is in the top ten for these suspect gun dealers.
Tin all fairness, the issue, as we see it, includes not only the existence of the gun laws themselves, but also enforcement of the laws already on the books. For example, one of the ways of getting around the background check requirement is to utilize a “straw purchaser”, who is a person who has passed a background check, and who then buys a gun for a person who has not passed a background check. Another is “off the books” sales, also illegal, which involve the dealer simply hiding the sale in question.
The NRA, however, contends that enforcement is the only issue, and that more laws are not the answer. On the other hand, it’s hard to argue with the statistics, which show a direct correlation between lax gun laws, on the one hand, and gun deaths and illegal gun trafficking, on the other.
Law Offices of David A. Black
40 North Central Avenue #1850
Phoenix, AZ 85004
(480) 280-8028