Posts Tagged ‘gun laws’

Policy solutions to border woes skew real issues

Amanda J. Crawford is contributing to The Arizona Republic’s 36-hour election blog at azcentral.com. Here is one of her posts on border security and drug policy.

There is no doubt that this election has been profoundly shaped by concerns about border security. But what is amazing to me is how well politicians in this state have been able to skew the real issues and shift the discussion away from solving the most pressing problems.

All year, especially since the murder of rancher Robert Krentz, I watched as a dubious logic has emerged as gospel, spouted from state leaders across the political spectrum: the threat of violence from Mexican drug smuggling means we must step up immigration enforcement or pass national immigration reform.  It was this logic that led to the passage and popularity of SB1070 — a measure that may succeed in getting rid of some immigrants but which does absolutely nothing to to stop drug cartel violence.

If we really want to combat drug cartel violence, we should be talking about drug prohibition which provides the profit to drug cartels and loopholes in our gun laws that help arm the cartels. There is not a single leader in our state who has stepped forward to discuss these difficult issues.

There is big political payoff in talking about immigration, and bringing up ideas like legalizing marijuana (which provides 60 percent of Mexican cartel profits) or cracking down on undocumented gun sales at our state gun shows are sure ways to see your poll numbers fall. But with 30,000 people dead in Mexico they are issues our nation can no longer afford to ignore. After the election, we should demand that our leaders rise to the task.

The violence in Mexico should be a wake-up call for policy changes in the United States. But let’s have an honest conversation that focuses on the right policies that get at the root causes.

Crawford, a former Republic political reporter, is a 2010 Soros Justice Fellow with the Open Society Institute, freelance writer and editor of the drug war blog CrawfordOnDrugs.com. She is also president of the Arizona League of Conservation Voters Education Fund, a non-profit, non-partisan environmental group.

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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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The real threat: Cartels could disrupt economy of entire Western Hemisphere

What’s the worst thing that could happen if drug cartel violence in Mexico is left unchecked? The collapse of the Mexican government? Increased violence in U.S. border towns?

Cameron H. Holmes, staff director of the Southwest Border Anti-Money Laundering Alliance, says cartels have the potential to disrupt the economy of the entire Western Hemisphere. And he thinks our political leaders just don’t get it.

Holmes will retire soon from his post as senior litigation counsel in the Arizona Attorney General’s Office to lead the Alliance, a quasi-governmental agency formed earlier this year to provide assistance to law enforcement along the border in combatting cartel activities and stopping the flow of guns and money into Mexico. The Alliance is funded with the settlement proceeds from a lawsuit against Western Union led by Holmes’ boss Arizona Attorney General (and Democratic gubernatorial candidate) Terry Goddard, which accused the company of facilitating money transfers from the U.S. to Mexican drug cartels. (Read more about the Alliance here and the Western Union settlement here.)

Last month, I interviewed Holmes for a story on gun trafficking that will appear in the October issue of Phoenix Magazine. The conversation was among the most thoughtful I have had about the drug war, how we got to this bloody moment in time and what we should be worried about in the future. Here are highlights from that conversation* – think of it as Mexican Drug War 101, from Holmes’ perspective:

The major change in the drug war in Mexico in the last three years is the result of a change in strategy and methods by the drug cartels, Holmes says. Previously there had been an “uneasy truce”: the cartels paid off Mexican law enforcement to look the other way. But now, the cartels want absolute power. This has manifested itself in attacks on police stations and politicians, car bombs, beheadings and attacks on the general public.

The cartels have diversified their business to gain all manner of control: diverting petroleum, hijacking cargo from trains and trucks, extorting insurance companies. Essentially, they have taken on the characteristics of a classic mafia organization or warlord, not of a traditional drug trafficking organization. Many young men are attracted to the border area to work in the maquiladoras (the factories that have sprung up on the Mexican side of the border in recent years) and immigrate into the U.S. This gives the drug cartels an unlimited supply of young men to recruit as soldiers. In the past, the drug trafficking organizations were familial. Now, they see their men as expendable.

The all-out war we see in Mexico is enabled by this unlimited supply of mercenaries combined with a steady stream of weapons from the U.S. “The only way this war for regional control can continue to function is with a continuous supply of high-powered weapons,” he says. Yet U.S. politicians have done little to really clamp down on gun trafficking to Mexico by passing common sense laws such as restrictions on military grade weapon sales and sales at gun shows, instituting common sense reporting requirements (like of multiple purchases of assault rifles) or lifting gun lobby-pushed restrictions on the ATF that limit the agency’s investigative abilities.

Holmes notes that the Democrats control Congress and the White House, but they haven’t been willing to take on the gun lobby. “They haven’t got the guts, and I don’t think they understand how important it is to the future of our hemisphere,” he says. He calls the inaction on gun trafficking by Congress “disgraceful.” “Here is an opportunity to do something about the weapons fueling the Mexican criminal enterprise and they have done zero. They allowed previous restrictions on assault weapons to expire.”

Holmes says he does not think U.S. residents or political leaders fully grasp the significant threat posed by the increasing power of the Mexican cartels. “They are in a position to blockade trade between the U.S. and Mexico,” which would disrupt the economy of the entire hemisphere, he says. “I don’t think the general public of the U.S. has any idea how threatening the situation is or that Congress adequately appreciates it. I think that time is very short … that we and our contemporaries have to reverse this trend.”

Instead of focusing on gun trafficking, Holmes notes that politicians nationally and in Arizona have instead focused on immigrants and illegal immigration. “It doesn’t make the least bit of difference how many immigrants are in the United States at any given time to make the threat of Mexican criminal enterprises a clear and present danger to the United States’ hemispheric interests,” Holmes says. The cartels “don’t need to cross the border. They could stay in Mexico, throttle U.S.-Mexico trade and our hemispheric economy is dramatically disrupted . . . . What’s going to happen next is the representative government in Mexico is under question about whether it can survive.”

“We are spending our energy worrying about individuals crossing the border. We should be worried if there is going to be a Mexican economy five years from now,” he says. “It is tragic. We’re not doing nearly enough, and we are not succeeding.”

[*Author's Note: Ideally, I would have posted a verbatim transcript of my conversation with Holmes. However, my digital recorder died (and not just the batteries) right before the interview. As I always told my journalism students at Arizona State: this is why you take good notes.]

–AJC

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Inside the Phoenix gunshow: no hassle to buy assault rifles

This weekend I went to my first gun show. And, boy, am I glad it was in Phoenix.

In Arizona, gun shows are examples of both first and second amendment freedoms at their best (or worst, depending on your position): There were tables where I could have bought T-shirts comparing President Barack Obama to Hitler and threatening AK-47 gunfire to make my voice heard in Washington. And there were individuals selling assault rifles that I could have legally bought with $800 cash, without any paperwork or information exchange required.

AR-15s for sale by private dealer

The Crossroads of the West gunshow at the coliseum at the state fairgrounds – the largest gunshow in the West, according to the company president — was overwhelming and educational.  I mean, I had done my research going in. I knew all about Arizona’s so-called “gun show loophole” that some law enforcement officers say puts guns in the hands of Mexican cartels and L.A. gangsters. But until you are actually offered the opportunity to buy an AR-15 with only a cash exchange and a handshake, it still seems unbelievable.

50 caliber rifles

I went to the gun show with my research assistant, David Robles, as part of my reporting for an upcoming article for Phoenix Magazine. For the first couple hours, David and I just took it all in. I think he thought I had lost my edge: I was struck dumb by the sheer amount of weaponry. There were defused grenades for $25 that the seller explained could be reactivated by people with the right skills. (“But that’s on them,” he said.) There were tables with antique knives with Nazi symbols and others lined by 50 caliber rifles that I’ve been told could take down a lightly-militarized vehicle from a mile away.

All the ammunition you could want

But I was here for the assault rifles – specifically the AK-47s and AR-15s that are the weapons of choice among the drug cartels. If I purchased from a licensed dealer at the gunshow, I would have had to fill out a form to make sure I wasn’t a felon before I bought one, or four, or a dozen assault rifles. Still, there were plenty of opportunities to get around that minor inconvenience.  The first private seller I approached about buying a couple assault rifles asked me for my driver’s license to make sure I wasn’t an illegal immigrant and informed me I didn’t look like the typical AR-15 buyer. (Of course, I’m not; I had a notebook in my hand.) At the second private table, the seller assured me before I even asked anything at all that I could buy all nine of his semi-automatic weapons without any paperwork required, though he also would check my I.D. By then, though, a young man with an AR-15 for sale (he was moving out of state and needed the cash) had approached me: all I needed was the money.

I spent some time before I left talking to gun rights expert and author Alan Korwin, who explained that we have a choice between government control and freedom, and he wants freedom. He also said he doesn’t believe we need new laws to restrict illicit gun trade, just better enforcement.

Down the crowded aisle at another table, John Collins said he doesn’t think we should worry about what’s going on in Mexico, either, because that’s not our problem. Collins runs www.BlackGunStuff.com, which specializes in AR-15 and AK-47 accessories.

“I don’t think Arizona has any responsibility to keep guns out of Mexico, especially when their president is going to show up in Congress and criticize our country and laws,” Collins said, referring to Mexican President Felipe Calderon’s May speech to Congress in which he blasted Arizona’s SB1070 and the lapse of the federal assault weapons ban. “The violence in Mexico is Mexico’s problem,” Collins said.

But isn’t it the U.S. market for drugs that is perpetuating the violence? I asked. He surprised me by saying he supports the legalization and regulation of drugs. “The drug war doesn’t work,” he said. As far as that sentiment goes, I couldn’t agree more.

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