Crawford on Guns: Gun laws and trafficking to cartels

Amanda Crawford with an AR-15 type assault rifle at a Phoenix pawn shop. (Photo by Laura Segall.)

Nearly 30,000 people have been killed in drug war violence in Mexico in the last four years, sometimes within yards of the U.S. border.

This isn’t some remote war in a foreign land. It isn’t the product of cultural clashes, or a political uprising, or a corrupt government. This is a war of our doing: Mexico’s drug cartels are fueled by the consumption of illicit drugs on the U.S. black market. The Mexican government’s crackdown is funded, in part, by U.S. drug war money, with law enforcement officers trained and assisted by the U.S. government. And the drug cartels are armed with guns purchased on the U.S. consumer market.

For the October issue of Phoenix Magazine I looked at the significant role Phoenix is playing as a “gun locker” for the drug cartels. (Because of the relative lack of state restrictions, Arizona and Texas are now the primary suppliers of U.S. guns to Mexico.) The story is now available on news stands. You can read the feature story,“The Iron River” here.

I also went “undercover” at the Phoenix gun show, where I could have bought a dozen AR-15 semi-automatic assault rifles with no background check or any paperwork whatsoever. Read the on-line exclusive “Get Your Guns” here. (In case you missed it, I also blogged about the gun show in July.)

Some things I learned that you might find surprising:

  • The federal government does not keep records or maintain a database of gun purchases. While the federal government requires licensed gun dealers to conduct an instant background check to look for felonies, they are barred by law from retaining that information.
  • If authorities find a gun at a crime scene in the U.S. or Mexico, they have to go the whole way back to the manufacturer and trace the gun through the distribution chain to the store where it was sold as new. Since many manufacturers are foreign, this process can take days or even weeks. If the gun was resold by the original owner, the trail often goes cold here. That’s why pawn shops are major sources of crime guns: it is really hard to trace them.
  • If authorities want to know what guns someone purchased, they have to go store to store looking through paper files that are organized chronologically by date of purchase. In the case I wrote about, the ATF went store to store with a photograph of the suspected trafficker, hoping to find workers who would remember when he bought a gun.
  • There is no background check or paperwork required for the purchase of ammunition in Arizona. You must be at least 18 years old and a legal resident, but they aren’t required to check — and they don’t. Think about this: You can go into a gun store and buy thousands of rounds of ammunition, including 100-round drum magazines for assault rifles, and there is no paper trail. But if you purchase cold or allergy medicines in Arizona, they scan your driver’s license and that information is stored in an electronic database.
  • If you buy two handguns at the same store in a five-day period, federal law requires the gun dealer to report the sale to the ATF. But you can buy as many assault rifles or other long guns as you want and there is no report. Authorities say it is not uncommon for someone to walk into a gun shop in Phoenix and buy 10 AK-47 type rifles at one time. Many gun dealers agree this is illogical. Several law enforcement officials told me that extending the multiple sales report to rifles would be the single biggest thing we could do to slow gun trafficking to Mexico. In the case I wrote about the guy got caught because he messed up and bought more than one hand gun.
  • Gun shows in Arizona and many other states exploit an exception in federal law that allows guns to be sold in private sales without a background check or any paperwork required. I could have loaded my little car with assault rifles at the gun show without any paper trail whatsoever. (Check out the links for the gun show stories above for more details.)
  • There is no “gun trafficking” crime per se. Under federal law, people are charged with lying on the federal background check form. Even if the guns can be traced to deaths in Mexico this charge usually carries a maximum penalty of five years in prison — lower than the sentences for drug smuggling.
  • The federal government has an amazing amount of data on gun crimes and trafficking, and you can’t see it. Fearing law suits against gun manufacturers, the gun lobby won a special exception that blocks the ATF from sharing this information with you or your elected representatives.

Look, I’m not a foe of the 2nd amendment. I’ve been around guns plenty. I’ve fired guns, and I’m not a bad shot. My ex-husband practically had an arsenal under our bed, and I was O.K. with that. (And gun advocates note: I haven’t even talked about the assault weapons ban. I understand it doesn’t make a lot of sense to ban guns based on how bad-ass they look.)

But the situation in Mexico has become dire. I have grown increasingly frustrated with conservatives howling about violent drug cartels at the border and then talking about immigration enforcement and SB1070 as the solution. Even if every Mexican immigrant were a drug mule (And just to be clear, Gov. Brewer: they are not) it is the demand for drugs and the easy supply of weapons that is perpetuating the violence. Do we really only care about the violence in Mexico if it spills across some arbitrary line in the desert? (If you believe Pinal County Sheriff Paul Babeu, his deputies are already being outgunned on U.S. soil by the cartels.)

The reality is that talking about gun laws is just about as taboo as talking about drug prohibition. When I started asking about the inconsistencies in federal law and special exceptions to public records won by the gun lobby, a high-ranking ATF official pulled me aside to caution me: The NRA will come after you, he said. I put in repeated requests for comment to the office of Gov. Jan Brewer, an NRA darling. She talks an awful lot about the threat drug cartels pose to Arizona, but she has been M.I.A. on the issue of gun trafficking. (Gov. Brewer and Mr. Senseman: I’m still waiting for a call back.)

The reality is that we need to be talking about this. Right now. In Arizona and across the nation. We need to be having intellectually honest conversations about the drug war, including marijuana prohibition and overly harsh incarceration policies that are filling our prisons and bankrupting our states. And we need to be talking about guns.

I will explore some of these issues more in future posts and articles. And I’ll be on AZ Family Channel 3 TV next week. In the meantime, check out the story David Robles wrote for this site about a recent ATF gun trafficking sweep in Phoenix last week here.

–AJC

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