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Regulation of Firearm Dealers in the United States: An Analysis of State Law and Opportunities for Improvement

Published online by Cambridge University Press:  01 January 2021

Extract

Firearms were associated with 30,136 deaths in the United States in 2003; of these, 11,920 were homicides. For every firearm homicide, there are four people who suffer non-fatal firearm assaults. Like many other consumer products in the US, most guns are initially sold to the public through a network of retail dealers. Persons in the business of selling firearms must obtain a federal firearm dealer's license. There were more than 54,000 federally licensed gun dealers in the United States in 2005, though this reflects a seventy-eight percent decline since 1994. Some states also require a state license to sell firearms.

Licensed firearm dealers are an important source of guns for criminals and gun traffickers. In one analysis of gun trafficking investigations conducted by the Bureau of Alcohol, Tobacco and Firearms (ATF), licensed dealers accounted for a plurality of all guns diverted to the illegal market.

Type
Independent
Copyright
Copyright © American Society of Law, Medicine and Ethics 2006

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References

National Center for Injury Prevention and Control, Centers for Disease Control and Prevention, WISQARS Injury Mortality Reports, 1999 – 2003, available through <http://webappa.cdc.gov/sasweb/ncipc/mortrate10_sy.html> (last visited September 25, 2006).+(last+visited+September+25,+2006).>Google Scholar
National Center for Injury Prevention and Control, Centers for Disease Control and Prevention, WISQARS Nonfatal Injury Reports, available through <http://webappa.cdc.gov/sasweb/ncipc/nfrates2001.html> (last visited September 25, 2006).+(last+visited+September+25,+2006).>Google Scholar
Vernick, J. S. and Teret, S. P., “A Public Health Approach to Regulating Firearms as Consumer Products,” University of Pennsylvania Law Review 148 (2000): 11931211.Google Scholar
18 U.S.C. § 922(a)(1)(A) (2005); 18 U.S.C. § 923 (2005).CrossRefGoogle Scholar
Violence Policy Center, An Analysis of the Decline in Gun Dealers: 1994–2005 (Washington, DC: Violence Policy Center, 2006).Google Scholar
Bureau of Alcohol, Tobacco and Firearms, Following the Gun: Enforcing Federal Laws Against Firearms Traffickers (Washington, DC: U.S. Department of the Treasury, 2000).Google Scholar
18 U.S.C. § 922(g) (2005).Google Scholar
Bureau of Alcohol, Tobacco, and Firearms, , Following the Gun: Enforcing Federal Laws Against Firearms Traffickers (Washington, DC: U.S. Department of the Treasury, 2000).Google Scholar
Sorenson, S. B. and Vittes, K. A., “Buying a Handgun for Someone Else: Firearm Dealers' Willingness to Sell,” Injury Prevention 9 (2003):147–50.CrossRefGoogle Scholar
Bureau of Alcohol, Tobacco, and Firearms, , Commerce in Firearms in the United States (Washington, DC: U.S. Department of the Treasury, 2000).Google Scholar
Wintemute, G. J. Cook, P. J., and Wright, M. A., “Risk Factors among Handgun Retailers for Frequent and Disproportionate Sales of Guns Used in Violent and Firearm Related Crimes,” Injury Prevention 11 (2005): 357–63.Google Scholar
Webster, D. W. Bulzacchelli, M. T. Zeoli, A. M., and Vernick, J. S., “Effects of Undercover Police Stings of Gun Dealers on the Supply of New Guns to Criminals,” Injury Prevention 12 (2006): 225230.CrossRefGoogle Scholar
Webster, D. W. Vernick, J. S., and Bulzacchelli, M. T., “Effects of a Gun Dealer's Change in Sales Practices on the Supply of Guns to Criminals,” Journal of Urban Health 83 (2006): 778787.CrossRefGoogle Scholar
Chan, S., “Seeking a National Voice, 15 Mayors Meet on Gun Violence,” New York Times, April 26, 2006.Google Scholar
Cardwell, D., “City Alleges Illegal Gun Sales in 5 States,” New York Times, May 16, 2006.Google Scholar
Bureau of Alcohol, Tobacco, and Firearms, , Crime Gun Trace Reports (2000) National Report (July 2002). Available at <http://www.atf.gov/frearms/ycgii/2000/index.htm> (last visited September 25, 2006).+(last+visited+September+25,+2006).>Google Scholar
Cardwell, D., “Two Gun Dealers Settle Lawsuit With the City,” New York Times, August 1, 2006.Google Scholar
18 U.S.C. § 923(e) (2005); 18 U.S.C. § 923(f) (2005).CrossRefGoogle Scholar
Office of the Inspector General, U.S. Department of Justice, Inspection of Firearms Dealers by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Report Number I-2004-005 (July 2004).Google Scholar
Americans for Gun Safety Foundation, The Enforcement Gap: Federal Strategy Neglects Sources of Crime Guns (October 2004).Google Scholar
Bureau of Alcohol, Tobacco, , and Firearms, , State Laws and Published Ordinances – Firearms (Washington, DC: U.S. Department of Justice, 2004).Google Scholar
Legal Community Against Violence, available through <http://www.lcav.org> (last visited September 25, 2006).+(last+visited+September+25,+2006).>Google Scholar
18 U.S.C. § 923(g)(1)(B)(ii)(I) (2005).Google Scholar
Office of the Inspector General, U.S. Department of Justice, Review of the Bureau of Alcohol, Tobacco, Firearms and Explosives' Enforcement of Brady Act Violations Identified Through the National Instant Criminal Background Check System, Report Number I-2004-006 (July 2004).Google Scholar
Bureau of Alcohol, Tobacco, and Firearms, , Crime Gun Trace Reports (2000) National Report (July 2002). Available at <http://www.atf.gov/frearms/ycgii/2000/index.htm> (last visited September 25, 2006).+(last+visited+September+25,+2006).>Google Scholar
Tenn. Code Ann. § 39-17-1316(c)(5) (2004).CrossRefGoogle Scholar
Mass. Gen. Laws ch. 140, § 123 (2004).CrossRefGoogle Scholar
R.I. Gen. Laws § 11-47-40 (2004).CrossRefGoogle Scholar
Cal. Penal Code § 12071(b)(13) (West 2004).Google Scholar
Mass. Gen. Laws ch. 140, § 123.Google Scholar
Mich. Comp. Laws § 28.430 (2006).Google Scholar
N.J. Admin. Code § 13:54–6.6 (2006).CrossRefGoogle Scholar
N.Y. Penal Law § 400.10 (McKinney 2004).Google Scholar
Ohio Rev. Code Ann. § 2923.20(A)(5) (West 2004).CrossRefGoogle Scholar
Cal. Penal Code § 12071(b)(14) (West 2004).Google Scholar
Vernick, J. S. and Hepburn, L. M., “State and Federal Gun Laws: Trends for 1970–99,” in Ludwig, J. and Cook, P. J., eds., Evaluating Gun Policy: Effects on Crime and Violence (Washington, D.C.: Brookings Institution Press, 2003): 345411.Google Scholar
18 U.S.C. § 923(g)(1)(B)(ii)(I) (2005).Google Scholar
Vice, D. R., Death Valley – Profile of a Rogue Gun Dealer (Washington, DC: Brady Center to Prevent Gun Violence, 2006).Google Scholar
H.R. 5005, 109th Cong. (2006).Google Scholar
H.R. 5092, 109th Cong. (2006).Google Scholar