When You Buy A Gun Through A Dealer, Is It Registered?
Buying a handgun for someone else: firearm dealer willingness to sell
Abstract
Objective: To examine firearm dealer willingness to sell when a handgun is being purchased for another person. US law requires a background check of the purchaser just not the end user of a firearm.
Subjects and methods: A total of 120 handgun dealers (vi from each of the 20 largest Usa cities with x or more dealers) participated in telephone interviews. Dealers within each metropolis were randomly assigned to a male or female person interviewer so randomly assigned to i of iii buy conditions—when the consumer said that the handgun was for him/herself, a gift for a girl/boyfriend, or for a daughter/swain "because southward/he needs it".
Results: Nearly dealers were willing to sell a handgun regardless of the end user (cocky: 87.5%; gift: 70.viii%; "need": 52.5%). Multivariate analyses point that dealers in the Midwest, South, and West were more willing to sell than those in the Northeast (adjusted odds ratio (AOR) = 21.thirty, xviii.74, and 8.93, respectively) and that willingness to sell is lower when the sale would be illegal, that is, under the "need" condition (AOR = 0.20).
Conclusions and implications: Dealers are in a position to exercise judgment when a customer is explicit about buying a firearm for someone else. Some appeared willing to ignore or sidestep relevant information fifty-fifty when told that the terminate user was prohibited from purchasing a firearm him/herself. In the absenteeism of federal handgun registration, which would track ownership changes, resources with which to acquit compliance checks (for case, as are conducted to identify retailers who sell tobacco or alcohol to nether-age persons) seem warranted.
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In the The states, efforts to reduce firearm related morbidity and mortality include keeping guns out of the hands of sure people (for example, felons, those adjudicated mentally sick). Regulating the actions of all people who purchase guns in the Us (over iv meg domestically produced guns were sold in the US in 1999one) is extremely difficult. Regulating firearm dealers is i such effort to assert control over who is able to obtain a firearm. A federal firearms license (FFL) is required of anyone who is "regularly involved in the concern of selling firearms at wholesale or retail"2; there were 104 840 FFLs in the US in 2001.i FFLs, which are subject to federal oversight, are the point of purchase of virtually (threescore%–seventy%) guns each year.3
One focus of recent firearm policy argue is whether and how to crave firearm manufacturers to take responsibility for the distribution of their products. More than 30 US cities and counties accept filed lawsuits, many on this basis, against firearm manufacturers trying to hold them accountable for firearm violence. As noted in some of the legal cases, it is believed that many gun dealers facilitate—sometimes willingly and sometimes passively—the movement of guns from the legal to the illegal market.4 The chief observation is that, despite laws and regulations, individual dealers are able to do a off-white amount of judgment in their sales of firearms. To our knowledge, published peer reviewed literature on firearm dealer sales behavior is nigh not-real.
In the present study, we focus on firearm dealers and their willingness to sell a handgun in a state of affairs like a "straw purchase". A harbinger purchase is divers as when a person who is authorized to purchase a firearm buys ane for someone who is non and so authorized5 (for example, a felon6) or when the purchaser conceals "the identity of the true intended receiver of the firearm(south)" (Section of the Treasury, Bureau of Alcohol, Tobacco, and Firearms; glossary7). Nether federal law, a person may not knowingly purchase a firearm for a person who is prohibited from doing so him/herself, and dealers are prohibited from selling or delivering "any firearm to whatever person in whatever state where the purchase or possession past such person of such firearm would be in violation of whatever land law or any published ordinance …".8
Nosotros focus on handguns rather than shotguns or rifles because handguns are used disproportionately in crime and suicide.7, 9, 10 We also examine the role of purchaser gender. Women are non mutual purchasers of firearms; only 8% of women (compared with 35% of men) have ever purchased a handgun.11 A widely held belief amid law enforcement is that when a woman buys a handgun, she is buying it on behalf of her beau or husband; available data support this assumption.12 And, friends and family are the primary persons who are asked to and who do buy guns for firearm traffickers, incarcerated offenders, and high school students.thirteen– 15 In addition, recent research suggests that female gender is the single largest correlate of multiple purchase handguns, guns that may be more likely than others to be used in crime.sixteen We, therefore, examine whether the intended user affects firearm dealer willingness to sell.
METHODS
Six handgun dealers from each of the 20 largest cities in the Us that had 10 or more than dealers participated in the enquiry. (A power analysis was conducted before data drove to make up one's mind the number needed to detect meaningful differences.) A list of US cities, ranked by size, was used to identify potential cities.17 We identified dealers listed in an internet business organisation directory under the keywords of "guns", "gun dealers", and "firearms".
Cities with fewer than ten dealers listed were eliminated and replaced with the next largest city. Six firearm dealers were randomly selected from the listings for each city. Additional dealers were randomly selected when necessary (for example, when a dealer did not sell handguns). Dealers were grouped by region of the country into Northeast (Baltimore, New York City, Philadelphia), S (Memphis, Nashville, Jacksonville, Oklahoma Metropolis, Houston, Dallas, San Antonio, El Paso, Austin, Fort Worth), Midwest (Cleveland, Indianapolis), and Westward (Denver, Seattle, Phoenix, Los Angeles, San Diego). Population sizes ranged from over eight million (New York City) to about ane one-half 1000000 (Oklahoma Metropolis).
Dealers within each metropolis were randomly assigned to one of two interviewers, i male and one female person. Interviewers called the sampled firearm dealers posing as potential handgun purchasers. Interviewers followed a predetermined script that began with "Hi, do you sell handguns?" If not, the dealer was thanked and the phone call was terminated. If the dealer said yes, the interview connected with one of three a priori randomly assigned atmospheric condition, specifically: (1) "I'm looking to buy a handgun for myself," (2) "I'm looking to purchase a handgun for my girl/boyfriend for her/his birthday," or (3) the intentionally ambiguous situation of "My girl/swain needs me to buy her/him a handgun". The interviewer connected with "I've never done this earlier. What exercise I demand to know?" The script and answers to anticipated questions (for instance, "How much do you lot want to spend?") were airplane pilot tested with 10 gun dealers beyond the U.s.a. who were not from the sampled cities. Each airplane pilot call was observed past the other interviewer and an attempt was made to standardize tone, fashion, and other spoken communication patterns.
The callers took notes during all interviews and completed a cursory questionnaire immediately after each phone call. Participation charge per unit was 100%. Clerks who answered the phone were not made aware that they were participating in a report.
Attempts to persuade tin can reasonably be expected to be used past potential purchasers, therefore, when a clerk was unwilling to sell a handgun to the caller, the interviewers were instructed to gently attempt to persuade him or her (for instance, "Is there whatsoever style I can do this—is there any fashion nosotros tin can piece of work information technology out?"). Five of the 28 conversion attempts were successful; nosotros classified the converted cases (n = 5) as willing to sell. Ten clerks gave a response that could non be classified every bit a articulate yes or no which was recorded as a "might" or "peradventure". Given that an equivocal response is not a likely outcome in an in-person transaction, we adopted a conservative arroyo and required an affirmative response for inclusion in the "willing to sell" category; when a dealer indicated that s/he "might" sell, it was coded every bit a "no".
Frequencies and Fisher's exact tests were calculated to examine differences related to the manipulated variables, that is, interviewer gender and sales status. Multivariate logistic regressions that took into consideration study variables (that is, interviewer gender and sales status) and geographic region were used to predict dealer willingness to sell. Likelihood ratio tests were used to make up one's mind whether adding geographic region to the regression significantly improved the fit of the model. We also conducted descriptive and multivariate logistic regression analyses examining the role of the legality of the sale.
Under federal police force, licensed firearm dealers may legally sell a firearm to any person who is not a prohibited purchaser (for example, a convicted felon) including guns that will be given as a gift.vii, 18 In most cases, however, a licensed dealer may not knowingly sell a firearm to someone who the dealer knows is not the intended possessor, independent of the intended owner's eligibility.19 To decide whether it is legal under state laws for a dealer to sell a handgun when purchased as a souvenir, we contacted 9 law enforcement agencies in seven different states. Responses ranged from the openly unsure (for instance, "That'southward a tricky question correct at that place") to the tentative (for example, "I'grand pretty sure it'due south legal") to the accusatory ("I've been on the job 12 years and never had a person ask the constabulary if they weren't going to practice something illegal"), to the incorrect (for example, "Federal law says no for handguns"). Given this inconsistent data, we sought the assistance of ii attorneys, a former Banana United States Attorney and an chaser specializing in firearm policy. They reviewed relevant federal and state statuteseighteen, twenty and judged whether it was legal for the dealer to sell a handgun under each condition in the specific state. The independent evaluators differed only on whether the souvenir condition was illegal in Indiana. Data were analyzed with Indiana classified each fashion; substantive findings were the same. To facilitate presentation of the findings, results are presented with Indiana classified as assuasive gift sales.
The enquiry was reviewed and canonical by UCLA'south Internal Review Lath.
RESULTS
Willingness to sell
Most (70.8%) dealers indicated that they were willing to sell a handgun to the caller regardless of the stated end user of the gun. Willingness to sell differed past sales condition (p = 0.003). Equally shown in tabular array i, dealers were willing to sell a handgun 87.5% of the time when the caller stated that the handgun was for him/herself. (Dealer refusal to sell under this status occurred when the interviewers, when asked, revealed that they did non meet residency or license requirements for the purchase.) When the caller stated that the handgun would be a gift, 72.5% of the dealers indicated they would sell the gun. One half (52.five%) indicated they would sell a handgun to the caller when told information technology was for a girl/boyfriend "who needs it".
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Table 1
Dealer willingness (%) to sell a handgun
Dealers were equally willing to sell a handgun to male and female callers (seventy.0% v 71.seven%). (When "mayhap" was included as a category, male callers were more than likely to be given an outright "no" (28.iii% v xiii.3%), whereas females were more likely to be told that she "might" be able to go the gun (15.0% 5 1.vii%).) Although the proportion of dealers who were willing to sell a handgun when it was for the girl/boyfriend was identical (62.5%) for the interviewers, the proportion differed according to the rationale provided: a college proportion were willing to sell to the male than the female interviewer when the gun would be a gift (80.0% five 65.0%) but a lower proportion were willing to sell to him than her when it was for a daughter/boyfriend who needs it (45.0% v threescore.0%).
A finding that emerged from the data, not postulated a priori, is that of geographic region. Dealers in the Northeast were essentially less probable to concord to sell than dealers in other regions of the country (27.8% five 78.4%; p = 0.001), and those in the South were more than likely than those elsewhere to agree to sell a handgun (81.seven% v 60.0%; p = 0.015).
Handgun dealers and the law
Selling a handgun would be illegal under the "need" condition (n = twoscore), withal one half (52.five%) of the dealers were willing to practise and then. If the sale was legal, 80.0% were willing to do so. The legality of the sale was related to dealer willingness to sell (p = 0.003). Some dealers appeared to exist aware of, but willing to work around, limitations placed by the constabulary, equally evidenced past the following exchanges: Interviewer: "Is in that location a problem with me ownership it for my girlfriend?" Dealer: "As long as we don't know about it. It's personal business". Or, "Showtime matter, don't ever tell anyone y'all're buying a gun for someone else because it's against the law". In several cases, dealers suggested that the caller contact another specific dealer, indicating that they may be aware of someone who might be willing to sell under these circumstances.
Multivariate analyses
Multivariate logistic regressions were used to assess the contained effect of the type of auction, caller gender, and geographic region. The first regression tests the function of interviewer gender and type of auction (meet table 2, model I). Dealers were less likely (adjusted odds ratio (AOR) = 0.38) to say that they would sell a handgun intended to be a souvenir than for personal use. Although this finding is substantively important, it is non of statistical significance (p = 0.eleven). Dealers were less willing (AOR = 0.16; p = 0.001) to sell a handgun if the caller indicated it was a purchase intended for a daughter/boyfriend considering s/he "needs it".
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Table 2
Dealer likelihood of selling a handgun
Adding geographic region to the regression (see model Two) improved the fit of the model essentially (p = 0.001) and the added variables were statistically pregnant. Dealers in the Midwest, S, and West were more willing than those in the Northeast to sell regardless of the recipient of the handgun or the gender of the caller (AOR = 21.30, p = 0.003; AOR = eighteen.74, p = 0.000; AOR = 8.93, p = 0.004, respectively). "Demand" remained significant (AOR = 0.09, p = 0.001).
All "need" sales were illegal; the others were legal. Replacing sale blazon with sale legality in models I and II resulted in an AOR of 0.28 (95% conviction interval (CI) 0.12 to 0.63) for illegal sales; the AOR for interviewer gender remained the aforementioned. When region was added to the regression, the AOR for interviewer gender and each region did not change substantially. Illegal sales remained statistically pregnant (AOR = 0.20, 95% CI 0.08 to 0.53).
DISCUSSION
Firearm dealers who sell handguns are mostly willing to sell to a potential customer regardless of whether the gun is for his or her own utilize or for use by another person. Gender of the purchaser was mostly non relevant. Dealers in the Midwest, Due south, and Westward were more likely than those in the Northeast to be willing to sell a handgun regardless of interviewer gender and sales status. Although dealers were less willing to make a sale when it would exist illegal, more than half were willing to sell a handgun even when it would be illegal to do so.
This is, to our knowledge, the first study in the peer reviewed literature on factors that might influence firearm dealers' willingness to sell a handgun. The strengths of the study include its design (for example, see Campbell and Stanley21). The population included all dealers listed in the xanthous pages of an internet directory, an hands accessed source of information for many persons wishing to purchase a firearm. Participating dealers were selected from large US cities in states that contain over half (53%) of the US population22 and 35.5% of the FFLs (federal firearm licensees) in the U.s.a..ane
Several matters warrant annotate when interpreting the findings. First, dealers' stated intent may non correspond to their actual behavior. Although not necessarily a usual business organisation practise, some dealers may say that they would sell a handgun while on the telephone but not practise then if the potential client was on-site. Alternatively, some dealers might resist persuasion attempts on the telephone but might yield to in-person pressure. Second, employees likely vary in their knowledge of and compliance with firearms laws such that if an interviewer had spoken with a different clerk at the same retailer, due south/he might take received a different reply. Although personnel training may vary across and within stores, one "bad" clerk can implicate the entire dealership. Third, the event of toll on willingness to sell is non clear. If asked how much they were willing to spend, interviewers stated "about $300". Handguns are bachelor for less and for substantially more than. Perhaps dealer beliefs would differ depending upon the amount of money a customer was willing to spend. Fourth, the effect of dealer location (that is, rural or urban) is unknown because the sample included but urban dealers. Fifth, the result of land level regulation of firearm dealers is not examined in this study. Sixth, we did not attempt to ascertain whether the participating dealers held FFLs. One could presume that, if listed in a telephone directory, the dealer is "regularly involved in the business organization of selling firearms at wholesale or retail" and should take an FFL.ii It was not possible, notwithstanding, to ascertain this data without arousing undue suspicion. And, finally, although only 2 or iii dealers seemed to be suspicious of the interviewers, skeptics may wonder whether the dealers were simply "playing along" with the caller.
To address the latter concern, nosotros made 20 boosted calls after the study was consummate. A dealer was randomly chosen from each city and randomly assigned to each interviewer. The interviewer opened with "My girl/boyfriend needs me to buy her/him a handgun because due south/he isn't allowed to". That is, the caller was explicit nearly wanting to buy a gun for a prohibited purchaser. In 16 of the 20 calls, the dealer responded with an unequivocal "no" and commented about such a purchase being conspicuously illegal, a straw buy, etc. Each of the 4 who agreed to sell a handgun appeared to recognize that the sale would be illegal. They said: (1) "Equally long equally you lot have no tape, you can come down here and pick 1 upwardly and put it in your name"; (two) "You lot can practise whatever you want afterward you walk out the door"; (3) "What you lot practice with information technology is your business. Legally you lot'd be responsible for it, you're more than welcome to buy one. You lot tin't transfer it to him—I presume he's been turned down"; and (4) "She can't come in, pick one out and y'all purchase it. That's against the police force". Interviewer: "I'd come, only me". Clerk: "I'd accept no problem with that". These comments suggest that, even when expressly prohibited by police force, dealer judgment enters into their sales.
Fundamental points
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A primary focus of both criminal justice and public health efforts has been keeping guns out of the hands of those who should non accept them.
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The US government has allocated the primary responsibility to firearm dealers for monitoring that guns are not sold to persons who are prohibited by law from ownership one.
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An experimental report of handgun dealers in the 20 largest cities in the Usa found that dealers generally are willing to sell to a potential customer regardless of whether the gun is for his or her own utilise or for employ by another person.
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Although dealers were less willing to make a sale when the sale would be illegal, more than than one-half were willing to sell a handgun even when it would be illegal to do and then.
Implications for prevention
Buying a handgun for some other person may exist a generous act intended to improve the recipient's power to protect him/herself. Information technology also tin can provide legal cover for the recipient of the firearm considering s/he is not subject to a background cheque or other regulatory mechanisms. Background checks are far from perfect,23 but they are the primary ways for screening those seeking to buy a firearm. It might be worth considering whether to prohibit purchasing or selling guns as gifts or, more generally, to prohibit purchasing or selling a firearm for someone else. Individuals are already prohibited from purchasing a firearm for a felon or other unauthorized purchaser; not allowing any firearm purchase on behalf of another would be useful when the purchaser or dealer is unaware of the recipient's relevant background. Alternatively, it might be worth considering changing the constabulary to crave a groundwork bank check of the recipient of the firearm likewise as the purchaser.
Regulating gun transfers (for example, requiring transfers between private parties to get through an FFL), every bit some states already do, is another potentially promising method to subtract gun injuries and fatalities.24 Such approaches necessitate consideration given that current constabulary enables people to break, with relative ease, the link between a firearm and the private who uses it. If firearms were registered, transfer of ownership could be tracked more than easily, and options and considerations such every bit those listed in the previous paragraph would be less relevant.
Educating retailers and enforcing existing laws are two other ways to reduce illegal sales. Decoy operations in which police enforcement agents impersonate a customer could help identify errant dealers. Such approaches have been used in cigarette and alcohol sales to minors.
Contempo data bespeak that 57.4% of criminal offense guns tin be traced to ane.2% of FFLs,7 and sales book, although an obvious covariate, appears not to be a determining factor.25 Likewise, in the aforementioned General Accounting Office investigation, almost all FFLs adhered to federal and land firearm buy laws.23 Our findings differ. About half of the dealers were willing to sell a handgun when such a sale would exist illegal. In addition, a few dealers seemed to be aware that such action would be illegal in that they indicated that they would be willing to skirt, if not openly violate, the police or they referred a potential customer to some other retailer who may be so inclined.
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Supplementary materials
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. Acknowledgements
Nosotros would like to thank Jeff Sinek of the Los Angeles part of Thelen, Reid and Priest LLP and Eric Gorovitz of the Coalition to Stop Gun Violence for their legal research, Eugene Volokh and Mark Chekal for their comments on previous drafts, and Anthony DiStefano for his assist with data collection.
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When You Buy A Gun Through A Dealer, Is It Registered?,
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