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(Minnesota) Shooting Puts Focus on Gun Shows
St. Paul Pioneer Press ^ | 10/2/03 | Amy Mayron

Posted on 10/02/2003 6:54:31 AM PDT by brbethke

Posted on Thu, Oct. 02, 2003

Shooting puts focus on gun shows
BY AMY MAYRON
Pioneer Press

The antique revolver Susan Berkovitz allegedly used Monday to kill her cousin and wound a lawyer was purchased at a gun show, where she didn't need a permit to buy it.

At such shows, unlicensed firearms dealers can sell weapons to anyone who attends with minimal to no paperwork and no background check. Licensed dealers must follow federal guidelines requiring a full criminal background check before making a sale.

Gun-show sales are controversial, with federal legislation frequently proposed that would require everyone who buys a gun, no matter where, to submit to background checks. But so far, no such federal regulations have passed.

Law enforcement and gun- control advocates have long criticized gun shows, blaming them for putting weapons in the hands of criminals who wouldn't have been able to buy them from licensed sellers.

But gun-rights proponents say there's little evidence linking any extensive unlicensed gun-show sales to criminal activity.

However, several high-profile incidents have prompted lawmakers to revisit the issue.

In 1999, Congress took up the issue after it was discovered that the two suspects in the deadly Columbine High School shooting in Littleton, Colo., bought their guns at a gun show. And this week's shooting at the Hennepin County Government Center could prompt calls for action.

"When people find out about this loophole, they are just horrified," said Joe Sudbay, public policy director for the Violence Policy Center, a gun-control advocacy group in Washington, D.C. "It just doesn't make sense. People think if you get a gun in the U.S., you need a background check. That's just not the case."

Several states, such as Florida, Colorado, Oregon, New York and California, have passed laws requiring background checks for all gun-sale transactions — not just those done through licensed dealers, Sudbay said.

Joe Olson, a law professor at Hamline University who drafted Minnesota's new handguncarrying statute, doubts that many criminals get their weapons from gun shows. It's more likely, he said, they're lying to authorities about the origins of their guns when they say the weapons came from gun shows.

Olson also said studies have shown that a vast majority of guns used by criminals for street crimes are purchased through a black market for weapons that is tied to narcotics dealings.

Gun shows are like any other hobby show, largely attended by collectors with similar interests. There was one such show last weekend at the State Fairgrounds, next to an antiques show, Olson said.

"You couldn't tell the difference in people going to one or the other," he said.

Some state legislators said the courthouse shooting should prompt a review of weapons laws, especially relating to gun shows. But they doubted that such legislation would pass in the current political climate.

Sen. Wes Skoglund, DFL-Minneapolis, said he has introduced legislation in the past requiring background checks for people purchasing weapons at gun shows. But he said there has never been enough political support.

"If you've got a criminal background and you've been adjudicated mentally ill, go to a gun show," Skoglund said. "They don't check, unless you're a licensed firearm dealer selling there." Kermit Pattison contributed to this report.


TOPICS: Crime/Corruption; Culture/Society; US: Minnesota
KEYWORDS: 2ndamendment; bang; banglist; donutwatch; guncontrol; gunshowloophole; shooting
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To: Hunble
privately-owned firearm" verses "unlicensed gun dealer" You just answered my question.

I haven't been keeping as close track on RKBA issues since Bush got elected, but if I remember correctly, BATF has regulations regarding how many guns a person can sell in a year before they are considered a licensable dealer. I'll have to see if I can find some info on it.

21 posted on 10/02/2003 7:46:04 AM PDT by Kenton
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To: Beelzebubba
You are either a dealer (and licensed) or a private seller.
Or a criminal.
22 posted on 10/02/2003 7:49:07 AM PDT by jdege
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To: Beelzebubba
You are either a dealer (and licensed) or a private seller.
Or a criminal.
23 posted on 10/02/2003 7:50:22 AM PDT by jdege
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To: Puppage
True, I was already translating from the liberal-speak to common usage, "unlicensed dealer" = private seller. And private sellers aren't allowed to sell to criminals, and criminals aren't allowed to buy from anyone. Real unlicensed dealers, if they even exist, are already illegal.
24 posted on 10/02/2003 8:05:17 AM PDT by coloradan (Hence, etc.)
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To: Kenton
I think it's six, but it isn't codified in law. It's whatever the BATF says it is, AFAIK.
25 posted on 10/02/2003 8:06:05 AM PDT by coloradan (Hence, etc.)
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To: G-Bear; All
Your clarification about the term "unlicensed firearms dealer" was very well written.

As with former President Clinton, you do need to parse the exact words used.

This reporter should be required to publish a correction for the usage of such mis-leading terminology and a clarification.

26 posted on 10/02/2003 8:11:20 AM PDT by Hunble
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To: Servant of the 9
If it was in fact an antique, Made before 1899, then it was not legally a firearm and would not require a background check anywhere, including gunstores.

Yep the "Journalist" forgot to add that tid-bit to the "article"...it was deliberate to scare all the soccer moms that are ignorant to that fact...

At the last gunshow I went to a bunch of teens were wondering why they couldn't buy one of those cheesy "HighPoint" handguns from a dealer..the dealer clearly explained that

#1. The teens were not old enough to buy a longarm let alone a handgun

#2. A buyer can prepay for the handgun at the show but they cannot take the handgun home.

#3. A buyer has to go through an FBI background check and wait the X# of days cool-off period.

#4. The buyer has to go to the dealers store, away from the gunshow, to pick up the handgun if everything is approved by the FBI background check and the X# days are up.

Stay safe...

27 posted on 10/02/2003 8:17:05 AM PDT by MD_Willington_1976
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To: Hunble
Don't stop with this reporter. This "article" (op-ed piece, actually), is called out in a top-of-the-fold sidebar on the front page of this morning's paper. The lead article (Court Shooting Brings Charges) also leads off with "A St. Paul woman charged with shooting her cousin and her cousin's lawyer outside a Hennepin County courtroom used a turn-of-the-century five-shot revolver that she bought at a gun show, authorities said Wednesday."

The PPress isn't alone. Three other newscasts that I heard last night also led off with the "gun show" angle. What I want to know -- and have been peppering every reporter I have access to and receiving no real response to -- is this:

Susan Rae Berkovitz is a documented pathological liar. WHY is every media outlet in the Twin Cities suddenly rushing to give credence to this one part of her story? Could it be that they have an agenda?

Nah, that's right-wing paranoid thinking...

28 posted on 10/02/2003 8:23:10 AM PDT by brbethke
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To: brbethke
The antique revolver Susan Berkovitz allegedly used Monday to kill her cousin and wound a lawyer was purchased at a gun show, where she didn't need a permit to buy it.

Does anyone know if this was a black-powder revolver?

You can buy black-powder arms through mail order (e.g., Cabellas) without going throug an FFL!

29 posted on 10/02/2003 8:29:19 AM PDT by DrNo
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To: Kadric
In those states that have laws dealing with sales they must comply with them, Ie CA all handgun sales must go through a licensed dealer.

No. No. No. That simply can't be true. Arnold has said that he wants to close California's gun show loophole. It's part of his "reasonable" gun-control policy.

Could he be that grossly misinformed as to what the law is here? (Maybe Sarah just forgot to cross that one off of HCI's list before she told Arnold what his gun-control positions were.)

30 posted on 10/02/2003 8:29:29 AM PDT by Bob (http://www.TomMcClintock.com)
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To: DrNo
Does anyone know if this was a black-powder revolver?

You can buy black-powder arms through mail order (e.g., Cabellas) without going throug an FFL!

On another thread on this subject, someone posted that the manufacturer (S&W?) had never manufactured any black-powder pistols.

31 posted on 10/02/2003 8:33:20 AM PDT by Bob (http://www.TomMcClintock.com)
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To: Bob
Even a holder of a C&R FFL (Collectors licensed for interstate purchases) must still have any handgun purchases go through a CA licensed dealer.
32 posted on 10/02/2003 8:34:04 AM PDT by Kadric
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To: DrNo
Smith & Wesson never made cap-and-ball revolvers. They started business making cartridge revolvers, and cartridge guns, no matter how old or what the propellant inside the cartridge, cannot be sold mail order.

The Cabela's black powder guns you refer to are all muzzle-loaders.

33 posted on 10/02/2003 8:38:36 AM PDT by brbethke
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To: Bob
Then I guess that all those handguns they poduced prior to the invention of smokeless powder didn't shoot. It really doesn't matter if it was cap & ball or a cartridge arm if it was produced prior to 1899 all were declared non firearms under the definitions of GCA 68. There are no records required under law.
34 posted on 10/02/2003 8:44:14 AM PDT by Kadric
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To: Bob
I'll second that. Smith & Wesson started business with Rollin White's patent for bored-through cylinders. Colt (and everyone else) spent a lot of time and money trying to figure out how to make a cartridge-firing revolver that didn't infringe on that patent. That's why Colt didn't start making cartridge revolvers until the early 1870's, when the White patent finally expired.
35 posted on 10/02/2003 8:45:19 AM PDT by brbethke
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To: Travis McGee
"That's the end game: virtual gun registration through the back door."

The speed and intensity at which the perps are working these days, I'd be surprised if the U.S. is still a viable Republic at the end of next year. Unless, of course, there is an implosion of some sort. It's as though the usurpers know it's now or never and are in their death throes, throwing caution and their gramsci/fabian patience to the wind for all to see. I think the country will re-define itself one way or the other by November next year. Hope to be there to cast my ballot. I think we are going to need a one-party system for a while.

36 posted on 10/02/2003 8:50:06 AM PDT by Eastbound
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To: Bob
Whoops, I misread your comment. Er, no, Smith & Wesson never made any cap & ball revolvers. They used black powder in their early cartridge guns, though. The .38 Special was introduced as a black powder round.

Just for fun sometime, load up some .38 brass with black powder, then go to the range and shoot it up. See how long you can go before the cylinder binds. Then schedule about an hour afterwards to clean the thing.

37 posted on 10/02/2003 8:51:07 AM PDT by brbethke
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To: brbethke
US Code Title 18 Part 1 Chapter 44 Section 921 (a)
(16)

The term ''antique firearm'' means -

(A)

any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or

(B)

any replica of any firearm described in subparagraph (A) if such replica -

(i)

is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or

(ii)

uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or


38 posted on 10/02/2003 8:59:39 AM PDT by Kadric
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To: brbethke
http://www.startribune.com/stories/462/4129929.html

Investigators haven't verified whether she actually bought the weapon at a gun show. Where it came from will be difficult to trace because serial numbers weren't required when it was manufactured, presumably between 1890 and 1910.

If the Strib is putting this in the story, it's because someone in the investigation has told them that he thinks she's lying.

Which probably means that she can't seem to remember a single venue where a gun show has ever been held.

39 posted on 10/02/2003 9:00:03 AM PDT by jdege
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To: brbethke
Once again, an anti-gun article full of misinformation and innnuendo.

It's hard to believe that so-called journalists could be so routinely ignorant on this issue; it seems more like an agenda of willful, systematic propaganda to me.

40 posted on 10/02/2003 9:03:10 AM PDT by sargon
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