WDTN's ''Getting the guns'' far short of complete story
The following comments were submitted by Buckeye Firearms Association's Larry S. Moore to Dayton's WDTN News 2, in response to a news investigation on Dayton's problem with gun violence.
The entire TV broadcast can be viewed by clicking here.
Overall, your story was well done. I do, however, have several concerns.
First, let's call Dayton's problem what it is....a crime problem...an out of control gang problem with both criminals/gangs using guns. By themselves, without an individual bent on robbing or murder, the gun is no problem.
Secondly, the Dayton officer you interviewed seriously misspoke or intentionally mislead you and the viewing audience when addressing private sales of firearms at gun shows.
Click on 'Read More' for the entire commentary.
I understood Sgt. Cheney to state that individuals have no requirements or limitations on who they sell firearms to. That is absolutely false. A private seller does not have the means or requirement to conduct a background check (NICS) as required of a FFL gun store or dealer. However, a private seller is under the same requirements of the law that make it illegal for them to sell a firearm to a convicted felon, a person convicted of certain domestic violence misdemeanors, an underage person or anyone under legal disability to own a firearm.
Please reference http://www.atf.gov/firearms/faq/faq2.htm#b1:
- (B1) To whom may an unlicensed person transfer firearms under the GCA?
A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]
As I viewed the report, I couldn't help but wonder - with an evidence room full of confiscated firearms, how many of them were taken from criminals who possessed the Dayton Firearms Owner Identification Card (FOID)? It seems this gets overlooked by many people. If the people who committed crimes and had firearms confiscated did not have a FOID, were they prosecuted and what kind of sentences were handed down?
The FOID requirements can be found in City of Dayton code sections 138.10 through 138.22.
The story referenced the adult who sold a gun to a minor for a mere $150. Was that person prosecuted under the federal guidelines? Was the person prosecuted under Dayton ordinances 138.06 - unlawful transactions in firearms or 138.07 illegally furnishing firearms to a minor?
I understand the time limitations of prime time news, however stopping short of the complete story and not checking the information provided by the Dayton officer leaves the unknowing viewer with false impressions of firearms. Reporting on the actual prosecutions and sentencing of the criminals is how the public can most easily know if the elected judges are performing their duties to the fullest extent of the law.
Editor's Note: Moore received no response from WDTN.