American Morning
The Gun Trail: How legal guns go bad
Editor’s Note: In this week’s American Morning original series “The Gun Trail,” we are taking a look at how legal guns could get into the wrong hands. Today, our Ed Lavandera is on the front line – a state at the start of the so-called iron pipeline – a pipeline that could end in your streets. Tomorrow, we go from the front line to the end of the line – the city streets. Are laws at the local level making it harder for the criminals or the legal and responsible gun owners?
[cnn-photo-caption image= http://i2.cdn.turner.com/cnn/2010/images/02/16/lavandera.gun.shop.cnn.art.jpg caption="CNN's Ed Lavandera looks at both sides of the "lost or stolen" weapons law in the fight against gun trafficking."]
By Ed Lavandera, CNN
Kayton Smith says you'd be surprised the stories gun buyers reveal.
"What made you decide to buy a firearm?" he asks a potential customer.
"Do you want to know the truth?" the customer asks.
You are about to hear the kind of story that puts Kayton Smith on edge.
"I left New York owing someone a lot of money and eventually they’re going to find me. Better safe than sorry," the customer tells Smith.
The buyer is a legal Russian immigrant. After calling the FBI's instant background check system, the sale is put on hold while the Feds look deeper into his background.
Smith and Ricky Duffy run The Gun Shop in Savannah, Georgia. We spent a day with them, watching dozens of customers come through The Gun Shop.
Watch "The Gun Trail" part two 
According to federal statistics, Georgia is the number one state for exported guns used in crimes across the country. Gun safety advocates say that has created what is known as "the iron pipeline" of illegal guns flowing north, from places like Savannah, Georgia into northeastern states with stricter gun laws.
These states pumped almost 5,000 guns into this criminal pipeline in 2008.
"There's a pattern we've seen emerging where traffickers tend to buy guns in states with weak gun laws, where it's easy for them and bring them back to states like Massachusetts that have tougher gun laws and resell these illegal guns on the street for a nice profit," says Nancy Robinson of Citizens for Safety.
The first step, customers fill out a form declaring they're buying the gun, not someone else. Then Smith calls for an instant background check. The buyer is either approved, delayed or denied.
That puts Smith and Duffy's gun shop on the front lines in the battle against "straw purchasers" – people who pretend to buy guns for themselves then pass them on to someone who can't lawfully own a firearm.
Smith estimates the shop has sold about 4,000 guns in the last three years. In that same time, FBI background checks have denied sales to 83 people at his shop.
"We don't want to do anything wrong. We want the bad guys to get caught. We don't want to sell any guns to bad guys ever," says Duffy.
Critics say there are a small percentage of gun dealers who operate underground, like at gun shows where it is easy to buy firearms without a background check.
"A crooked gun dealer can funnel more guns into the hands of criminals than any other single source," says Robinson.
I asked Kayton Smith if he felt gun show owners get a bad rap.
"That's what they're expecting gun dealers to do, mind reading. We can't do that. But we do have some tools and try to prevent as much as possible."
That brings us back to the Russian immigrant whose gun purchase was delayed by the FBI. A few days later, the handgun sale was approved. That's enough for Ricky Duffy. He feels good the gun is in good hands.
I asked him if he thinks there are enough laws on the books to battle straw purchases.
"By God, yes," he says. "You don't want to do a straw purchase. The Feds will get you!"
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Apelgear: That would work just as well as the laws against murder actually stopped all murder, Prohibition stopped sales of alcohol – or the War on Drugs stopped the drug-trade.
Laws don't stop criminals – get it?
After my appearance on The Gun Trail, I received dozens of calls and emails from people who praised CNN's thorough, balanced coverage of the problem of illegally trafficked guns.
The vast majority of Americans refuse to throw up their hands in defeat by saying "criminals will always find a way to get guns." We know we can do a better job of keeping guns out of the hands of violent felons, wife abusers, the mentally ill, and children and teens and still protect the fundamental rights of responsible, law-abiding adults to keep and bear arms.
I want to thank CNN for being part of a critical shift in this country that recognizes that the U.S. doesn't have a gun problem–we have a gun trafficking problem. It's an important step toward finding reasonable, effective solutions that will protect our families, friends and neighbors from gun violence.
Nancy Robinson
Executive Director, Citizens for Safety
read your crime statistics it will show you more guns less crime and don't get your information from cnn,an anti-constitution network.all anti- gun laws are unconstitutional except felon with a gun and they are not aimed at criminals.they are aimed at you in order to make it difficult if not impossible for you to buy a fire arm.don't think the anti-constitutional progressives are not doing the same thing to the first amendment.so don't be a fool and buy into the anti gun B.S.just because criminals miss use guns progressives want to use that as an excuse to disarm us and toss the constitution into the trash can.
Apelgear, you might as well be typing baaaaaaaa baaaaaaaaaaa baaaaaaaaa, because you sound like a sheep.
Anyone calling for the ban on firearms can move to a country where this has already been done. This country was founded with the use of firearms, and our rights will be defended with the use of firearms if necessary.
Someone else already stated to make it a death sentence, or life in prison if a firearm is used in a crime.
That's a pretty simple solution.
Criminals don't obey the laws, therefor the laws already in place are only to keep the good guys down.
Scott:
Yes it has been shown that crime goes down when citizens are allowed to carry weapons. See the work of John R. Lott and others.
Citizens have always had the right to bear arms in this country UNLESS they live in Chicago, DC, NYC, and a variety of other places where armed, thus effective, self defense seems to be outlawed.
See the crime statistics from England, Australia, and other areas where banning gun ownership exists.
Apelgear
how about we make it illegal to commit a crime? that would solve it. i mean, if it's illegal, no one would commit a crime, and we would all be safe and protected? right?
also, making random violence illegal will work. i mean if it's illegal it won't happen, right?
just like if we make handguns illegal, they'll all disappear.
i'm sorry, but the only purpose of a handgun is for killing humans? so all those competitive shooting matches that use pistols are non-existant? Hunters don't use handguns for hunting purposes or self defense when rifle or bow hunting or fishing? sure they have other weapons, but a handgun is going to better protect you from a bear than that cross-bow.
the gun laws are all messed up and something needs to be done, but we need a balance of control and access.
After my appearance on The Gun Trail, I received dozens of calls and emails from people who praised CNN's thorough, balanced coverage of the problem of illegally trafficked guns.
The vast majority of Americans refuse to throw up their hands in defeat by saying "criminals will always find a way to get guns." We know we can do a better job of keeping guns out of the hands of violent felons, wife abusers, the mentally ill, and children and teens and still protect the fundamental rights of responsible, law-abiding adults to keep and bear arms.
I want to thank CNN for being part of a critical shift in this country that recognizes that the U.S. doesn't have a gun problem–we have a gun trafficking problem. It's an important step toward finding reasonable, effective solutions that will protect our families, friends and neighbors from gun violence.
Nancy Robinson
Executive Director, Citizens for Safety
http://www.citizensforsafety.org
I think that it is an AMERICAN CITIZENS
Typical CNN lefty anti-gun nonsense..... Morons.
They keep trying to stir up the anti-gun loonies. Maybe you should consentrate on news instead of sensational hot button topics – who knows... maybe your sagging ratings will go up.
Does anyone confuse CNN with objective reporting?
I've been a legal gun owner for 30+ years. Why should anyone else tell me that I'm wrong and should give up my LEGAL guns to combat a problem that isn't going away, no matter what.
If the US bans guns, they'll get them from Africa, China, Russia and the other post-Communist countries. Stop beating up the legal gun owners, and fix society. If someone commits a crime with a gun, extend their prison sentence by 10 or more years. If they criminally kill with a gun, automatic death penalty.
I like my guns, and I'm NOT going to give them up to some liberally-leaning government wanting to make all their people sheep.
What we need is a society where ALL weapons are banned, and where government has the power to search anywhere and anytime to make sure those rules are enforced. Then and only then could we have peace and tranquility.
Oh wait, we already have such a place – it's called prison. Yet somehow every manner of unspeakable crime goes on there every day.
Hmmmm... could almost lead you to believe that it's not guns but criminals that cause crime.
For you anti -gun people I challenge you to put a large readable sign on the front of your residence that says 'there are no firearms on or about this premises' lets see how that works out for you.
"Critics say there are a small percentage of gun dealers who operate underground, like at gun shows where it is easy to buy firearms without a background check."
Totally false. FFL dealers have to provide the same background checks at a "gun show" that they would at their brick and mortar shop. When are you people going to drop this tired and worn out meme called the "gun show loophole?" It does not exist. Call a spade a spade and demand that all PRIVATE sales be required to perform a background check and inject just a touch of honesty into your argument for once!
How about this? Quit spending money on legislature, investigations, and other enabling activities, and outlaw the handguns and assualt weapons that are designed and have a sole usage of taking another human life.
You might as well call this 'How Legal Cars go Bad". There is no such thing as an illegal gun. Only illegally OWNED guns due to some reason or another. The gun is not illegal, it is ownership by criminals that is illegal. Just like a stolen car is not illegal but the fact it was stolen is.
Criminals are the problem, not inanimate objects.
America's defense contractors are often directly subsidized by the US taxpayers and pour millions of weapons around the entire world. And someone is worried that the Mexican Cartels are receiving some handguns?
I'll tell you what the ATF and the DEA should be deathly afraid of, and that is all of the border, state police and governmental agents that are now on the Mexican Drug cartel payrolls. They can easily find the names and home address's of ATF and DEA agents who are causing them grief and directly pay them a personal visit. What goes around, comes around!
There are 22,000+ gun laws on the books in the US. We don't need more. Just enforce the ones on the books that doesn't violate the Second Amendment or common sense.
The criminal will get a weapon some way so the only ones hurt by more laws are the law-abiding gun owners. Criminals don't give a flip about the law. They also look for that sign on doors that says "NO FIREARMS ALLOWED" as it makes things much easier for them when they know everyone is unarmed. Thats why Oklahoma made it illegal to do so.
Close to 100,000 Oklahomans have a CWL. My wife and I are two of those.. Happy trails!
steve the fingerprints idea is dumb. a national gun database is not what we need. more crime prevention, anti gang funding, and most of all, social programs to address mentally unstable individuals are what we need. guns dont kill people, ignorance and underlying problems do. Dont trim the branches, kill the vine. the problem is society, not guns.
The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.
Was the government to prescribe to us our medicine and diet, our bodies would be in such keeping as our souls are now.
I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it.
“Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.” (Quoting Cesare Beccaria)
The beauty of the Second Amendment is that it will not be needed until they try to take it.
The policy of the American government is to leave their citizens free, neither restraining nor aiding them in their pursuits.
No man has a natural right to commit aggression on the equal rights of another, and this is all from which the laws ought to restrain him.
There is no such thing as "the gun show loophole." The term is a creation of the firearms prohibition crowd. If they want to make transfers between individuals illegal, state that plainly and see where it gets them.
Hey loan sharks in NY - Your guy is in Savannah, GA and he is only packing a small firearm. This guy is definitely not the brightest bulb on the tree.
CNN you should really think about protecting the well-being of the people you interview ... [Speechless]
well i will try again. i am a NRA member and proud of it. but we do have to do something about the illegal guns. 1.make it a capital crime for using a gun in a crime, no if ans or buts,2. start enforcing the laws that are out there instead of making new ones. and you can't tell me the only place these bad guys are getting guns is from the U.S.
Guns, cars, Hammers, a bottle of alcohol.....none of those items read law books .....ALL require that a human being pick them up and use them for illegal purposes. And for those that bemoan the accidental deaths...yes they are tragic and please note ER records and death certs clearly demonstrate greater numbers of accidental deaths in one's own bathroom, on bicycles, skateboards etc etc.
To Steve: I agree with most of your points, but can't help but disagree with this one – "... only citizens of the United States should be allowed to purchase and own firearms."
Now, assuming that you yourself are a citizen (by virtue of birth, I'm guessing) – that's easy for you to say. I'm a legal resident – a green-card holder, which was an expensive, frustrating and very drawn-out process, but I'm very proud to have done it properly – and I do believe that being here is a privilege, not a right.
I'll be allowed to apply for citizenship later this year – but you're implying that non-citizens have no right to self-defense for the years it takes to become a citizen?
How about freedom of speech – or religion? How about freedom from illegal search and seizure? Let me remind you that a person with no rights is a slave – is that something you support?
I can guarantee that I probably have more exposure to firearms, firearms safety, competition and combat (in Iraq, of all places) than 99% of US citizens will ever see in their lifetimes – and in your world I would not be allowed a firearm?
It is quite simple to me. Hand guns are used to kill other people. Outlaw them, and put a stop to random violence. Why is that so hard to understand? How does politics not see the sole usage of handguns is to kill other human beings?
This just goes to show that gun control laws do not work and the concept is based on a false premise. Criminals can always acquire guns. Gun control laws only operate to restrict law-abiding folks from having guns.
Ed,
Has it really been shown a single time that crime goes down when citizens are allowed to carry weapons? citizens have always had the right to bear arms in this country. Now if we gave banning gun ownership a try we could actually measure some results.
Interesting how my first post vanished. That they are buying expensive guns on the open market here where they pay retail plus a commission of a $100-200 a gun then have to smuggle them south over the border when I am quite sure the cartels, who have drugs shipped by the ton, are quite capable of buying full auto AK and AKS' on the open arms market and having them delivered by the case south of the border for under $200 a weapon.
I also wonder what happened to the 30,000 Mexican army deserters who took their US govt supplied M-16's with them when they deserted.
I am all for responsible gun ownership. The problem I have is that less than 1% of the gun owners I know (and I know quite a few) are responsible. If your gun gets used in a crime it is YOUR FAULT. Unless that gun was stolen from a LOCKED GUN SAFE and you can PROVE IT, if it gets used in a crime you are a party to the crime. YOU GO TO PRISON. I almost never see guns locked in a gun safe. Most of them are in a closet or under a bed – loaded – how's that for responsible?
Once again CNN shows its liberal sensationalizing side. The headline "How legal guns go bad" as usual assigns blame in the wrong direction. Maybe we should have a war on guns like the war on terror and the war on drugs. The president could create a gun czar.
If criminals want guns they can simply steal them. Extremely complicated gun laws only increase government employment/interference at a cost to the honest taxpayer.
We cannot ever get the guns out of the hands of those who chose to use them for nefarious purposes. We can allow people anywhere to protect themselves and their property with guns while punishing those who abuse their rights to the full extent of our many existing laws.
I agree strong laws governing the sell of guns is vitaly important. Arizona Legislaton is considering allowing guns to be purchased with no background check, no registration, no training. Anyone would be able to buy a gun and carry it in the open or concealed with no legal ramifications.
There is no gun-show loophole — gun dealers at gun shows are certainly not working underground; instead they are usually subjected to even closer scrutiny.
If anything, the problem is that individuals sell firearms without a background check because the ATF does not allow private sellers to request the checks. Most individuals won't bother to go through a FFL dealer because of the additional cost.
What this CNN series has shown so far are criminals, the straw purchasers, who take advantage of the system to make a profit. The trafficking of a few thousand guns — whether to Mexico or the gun-fearing Northeast states — indicates again that gun control laws don't work on criminals. How many times must it be shown that crime goes down when citizens are allowed to carry weapons, either concealed or openly, to protect themselves, their property, and others around them?
Not only are those who deal and use drugs responsible for the deaths of many on both sides of the border, but so are those people who use our Bill of Rights inappropriately. There are some problems with are gun laws, and I am a Life member of the NRA. First is that only citizens of the United States should be allowed to purchase and own firearms. Second, anyone who commits a violent crime with a firearm is given the death penalty or life without parole. No 2nd chance. Third, anyone who sells or buys a firearm must have a background investigation and finger prints on file. Anyone who has possession of stolen firearms will lose the 2nd amendment right and serve 20 years. Fourth, abolish some of the 30,000 laws that restrict the 2nd amendment in most states.
keep the actions criminal not the item... we have laws on the books to combat these actions... just enforce them. like everything these days, somebody is not doing their job correctly, and instead blames others for their lack of performance doing their job.