Arizona gun show ignored red flags

PHOENIX - Weeks after a shooting rampage left six dead and 13 injured in Tucson, Ariz., New York City sent undercover investigators to an Arizona gun show and found instances in which private sellers sold semi-automatic pistols even after buyers said they probably could not pass background checks, city officials said.

The investigation, part of an effort by Mayor Michael R. Bloomberg's administration to crack down on illegal gun sales nationwide, took place on Jan. 23 at the Crossroads of the West Gun Show in Phoenix, officials said.

"Our investigation shows how easy it is for anyone to buy a semi-automatic handgun and a high-capacity magazine, no questions asked," said John Feinblatt, a policy adviser to Bloomberg. "The background check system failed in Arizona, it failed in Virginia, and it fails in states around the country. If we don't fix it now, the question is not whether another massacre will occur, but when."

Private, unlicensed sellers are not required to run federal background checks, but it is a violation of federal law to sell guns to people if sellers suspect they are felons, mentally ill or other prohibited buyers. In the case of Jared L. Loughner, who is accused of opening fire on a crowd in Tucson on Jan. 8, the gun used in the shootings was bought at a licensed gun dealer and he passed a background check, the authorities said.

In two instances, the New York undercover officers specifically said before buying a gun, "I probably couldn't pass a background check," but were still sold guns, city officials said.

Bloomberg's office, which will release details of the undercover investigation today, has for years pushed for tighter firearms laws.

Since the Tucson shooting, Bloomberg has enlisted in his effort Daniel Hernandez, an intern in the office of Rep. Gabrielle Giffords of Arizona. The congresswoman was seriously wounded and Hernandez held her until emergency personnel arrived.

Crossroads of the West holds dozens of gun shows annually, in Arizona, California, Nevada and Utah. A representative of the gun show could not be reached for comment.

After similar transgressions were uncovered at gun shows in other states, some gun show operators entered into agreements with New York City requiring that private sellers arrange background checks of all gun buyers.

According to a transcript from one investigator's purchase of a Sig Sauer pistol, the exchange went like this:

Investigator: "So, you're not one of those, you know, dealer guys, right?"

Seller: "No. No tax, no form, you don't have to do transfers or nothing."

Investigator: "Yeah, yeah."

Seller: "Just see an Arizona ID and that's it with me."

Investigator: "So no background check?"

Seller: "No."

Investigator: "That's good, because I probably couldn't pass one, you know what I mean?"

The seller sold the gun for $500.

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