[Congressional Record Volume 149, Number 92 (Friday, June 20, 2003)]
[Senate]
[Page S8296]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   BUYING A HANDGUN FOR SOMEONE ELSE

  Mr. LEVIN. Mr. President, researchers at the University of California 
at Los Angeles published a study in the June issue of Injury Prevention 
entitled ``Buying a Handgun for Someone Else: Firearm Dealer 
Willingness to Sell.'' The study found that more than half of gun 
dealers are willing to ignore or sidestep the law to sell a firearm. 
The researchers performed their test on 120 dealers in 20 cities. 
According to the study, the researchers at UCLA posed as potential 
buyers giving different reasons for wanting to buy guns. The 
researchers found that when they said they wanted to buy guns for an 
individual who needs it, 52 percent of dealers were willing to make the 
sale.
  In addition to the first round of phone calls, the researchers 
randomly chose 20 dealers and again posed as prospective buyers. In the 
second round of calls, the researchers said they needed to buy guns for 
their boyfriend or girlfriend because he or she was not allowed to 
purchase a firearm. In 16 followup calls, the dealers responded with 
unequivocal nos and indicated that the purchases would be illegal. In 
the remaining four cases, the dealers agreed to sell the guns, but 
indicated to the customer that it was illegal. The researchers also 
interviewed law enforcement officials who concluded that such sales 
would amount to illegal straw purchases. A straw purchase involves a 
buyer with a clean record purchasing a gun for someone who is 
prohibited by law from doing so.
  Some gun manufacturers and dealers know their practices facilitate 
criminal access to firearms but they do nothing about it. The Lawful 
Commerce in Arms Act, which recently passed the House and has been 
referred to the Senate Judiciary Committee, would shield such negligent 
and reckless gun dealers and manufacturers from many legitimate civil 
lawsuits. Certainly, those in the industry who conduct their business 
negligently or recklessly should not be shielded from the consequences 
of their actions. This study contributes further evidence that there 
are some in the gun industry who could potentially avoid responsibility 
for their business practices under such legislation.

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