    Firearms: Purchased From Federal Firearm Licensees Using Bogus
    Identification (19-MAR-01, GAO-01-427).

    The Brady Handgun Violence Prevention Act of 1993 required the
    Attorney General of the United States to establish the National
    Instant Criminal Background Check System (NICS). Referred to as
    an instant background check, NICS is a computerized system
    operated by the Federal Bureau of Investigation. Based on
    inquiries from federal firearm licensees (FFL), NICS searches the
    backgrounds of prospective firearms purchasers for criminal and
    other information that would disqualify them from purchasing
    firearms. GAO, acting in an undercover capacity, purchased
    firearms from five states--Virginia, West Virginia, Montana, New
    Mexico, and Arizona--using counterfeit driver's licenses with
    fictitious identifiers.  In these states, the FFLs GAO contacted,
    with the possible exception of one, adhered to existing federal
    and state law regarding the mechanics of such a purchase.
    Consistent with the Brady Act, in the five states GAO found that
    the instant background check does not positively identify
    purchasers of firearms. Rather, it is a negative check that
    cannot ensure that the prospective purchaser is not a felon or
    other prohibited person whose receipt and possession of a firearm
    would be unlawful. Similarly, in one state--Virginia--the
    additional step of requiring a state criminal history was also a
    negative check. Further, in one state when GAO purchased a
    revolver, the salesperson advised GAO that the NICS check was not
    required because the firearm had been manufactured over 100 years
    ago. GAO also made inquiries of private entities that advertised
    firearms on the Internet. Of the 10 advertisers GAO contacted,
    two individuals agreed to sell their firearms with no background
    checks.
    -------------------------Indexing Terms-------------------------
    REPORTNUM:   GAO-01-427
        ACCNO:   577970
      TITLE:     Firearms: Purchased From Federal Firearm Licensees Using
                 Bogus Identification
         DATE:   03/19/2001
      SUBJECT:   Firearms
    	     Fraud
    	     Gun control law
    	     Identification cards
    	     Internet
    	     Law enforcement information systems
    	     Licenses
    	     Arizona
    	     FBI Interstate Identification Index
    	     FBI National Instant Criminal Background
    	     Check System

    	     Internet
    	     Montana
    	     New Mexico
    	     Virginia
    	     West Virginia

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    GAO-01-427

    A

    The Honorable Henry A. Waxman, Ranking Minority Member, Committee on
    Government Reform, House of

    Representatives

    March 2001 FIREARMS Purchased From Federal Firearm Licensees Using Bogus
    Identification

    GAO- 01- 427

    Lett er

    March 19, 2001 The Honorable Henry A. Waxman Ranking Minority Member
    Committee on Government Reform House of Representatives Dear Mr. Waxman:

    This report responds to your request and subsequent conversations with your
    office that we conduct an investigation that demonstrates the difficulty
    that law enforcement officials have in preventing the illegal purchase of
    firearms. The Brady Handgun Violence Prevention Act of 1993 1 required the
    Attorney General of the United States to establish the National

    Instant Criminal Background Check System, known as NICS. Referred to as an
    instant background check, NICS is a computerized system operated by the
    Federal Bureau of Investigation (FBI). Based on inquiries from federal
    firearm licensees (FFL), 2 NICS searches the backgrounds of prospective
    firearm purchasers for criminal or other information that would disqualify
    them from purchasing firearms.

    Specifically, you asked that we attempt to purchase firearms, acting in an
    undercover capacity and using counterfeit identification, in states that
    rely on the instant background check and do not require fingerprinting or a
    waiting period 3 for such purchases. In addition, you requested that we
    determine how easily firearms can be purchased using the Internet.

    The five states that we selected to purchase firearms in- Virginia, West
    Virginia, Montana, New Mexico, and Arizona- conformed to the Brady Act's
    minimum requirements, relying on an instant background check. They do not
    have additional requirements for fingerprinting or waiting periods. Some
    other states impose such requirements for purchasing 1 18 U. S. C. sect. 922(
    t).

    2 A federal firearm licensee (FFL) is a person licensed by the Bureau of
    Alcohol, Tobacco and Firearms (ATF) as a manufacturer, dealer, or importer
    of firearms. 28 C. F. R. sect. 25. 2. 3 A waiting period generally refers to the
    period of time between the date an individual applies to purchase a firearm
    and the date the individual is allowed to take delivery of it.

    firearms in addition to those of the Brady Act. These requirements include,
    among others, the successful completion of firearm safety or training
    courses, approval of license applications by the local police commissioners
    or chiefs of police, waiting periods as long as 2 weeks, and fingerprinting.

    To address your concerns, we created counterfeit state driver's licenses for
    the five states with fictitious names, dates of birth, and/ or social
    security numbers using off- the- shelf software, a scanner, a laminator, and
    a color laser printer. Two special agents acting in an undercover capacity
    used the counterfeit driver's licenses in attempts to purchase firearms from
    gun stores and pawnshops that were licensed by the federal government to
    sell firearms in the five selected states. We selected these gun stores and

    pawnshops at random from the yellow pages of local telephone directories. We
    also searched an Internet Web site that labels itself as a ?directory
    service,? contacted 10 advertisers of firearms, and attempted to purchase
    firearms from 2 individuals. Neither individual would send firearms through
    the mail, but both were willing to complete the transactions in person. As
    agreed with your office, we did not attempt to complete these

    transactions. We performed our investigation from late October 2000 through
    February 2001 in accordance with investigative standards established by the
    President's Council on Integrity and Efficiency.

    Results in Brief We purchased firearms in five selected states- Virginia,
    West Virginia, Montana, New Mexico, and Arizona- using counterfeit driver's
    licenses with fictitious identifiers. In these states, the FFLs we
    contacted, with the possible exception of one, adhered to existing federal
    and state law regarding the mechanics of such a purchase. We will refer the
    matter relating to that FFL to the appropriate law enforcement agency.
    Consistent with the Brady Act, in the five states we found that the instant
    background check does not positively identify purchasers of firearms.
    Rather, it is a negative check that cannot ensure that the prospective

    purchaser is not a felon or other prohibited person whose receipt and
    possession of a firearm would be unlawful. Similarly, in one state-
    Virginia- the additional step of requiring a state criminal history check
    was also a negative check. Further, in one state when we purchased a
    revolver,

    the salesperson advised us that the NICS check was not required because the
    firearm had been manufactured over 100 years ago, in approximately 1893. 4

    We also easily made inquiries of private entities that advertised firearms
    on the Internet. Of the 10 advertisers we contacted, 2 individuals agreed to
    sell us their firearms with no identification required if we met face- to-
    face.

    Brady Act The Brady Act requirement for instant background checks pertains
    to Requirements

    prospective purchasers of firearms that were manufactured after 1898, i. e.,
    firearms that are not considered antiques. To accomplish this, the NICS
    Operations Center searches three separate databases: 5

     the NICS Index, which contains records on persons known to be disqualified
    under federal law from possession of firearms;

     the National Crime Information Center, a computerized information system
    of criminal justice data established by the FBI, which contains records on
    protective orders, deported felons, and fugitives from justice; and

     the Interstate Identification Index, which contains criminal history
    records. In certain states, a point- of- contact state agency serves as an
    intermediary between those licensed to sell firearms and the NICS. A state
    that is operating as a point of contact for NICS checks may simultaneously
    search

    available databases in state and local law enforcement agencies. Bureau of
    Alcohol, Tobacco and Firearms (ATF) regulations implementing the Brady Act
    provide that before an FFL may sell or deliver a firearm, the prospective
    purchaser must provide photo- identification issued by a government entity.
    The identification must contain the purchaser's name, state of residence,
    age, gender, and race. 6 Because driver's licenses are

    4 Antique firearms, which include weapons manufactured before 1899, are not
    subject to NICS checks. 18 U. S. C. sect. 921( a)( 3) and 27 C. F. R. sect. 178.11.
    5 28 C. F. R sect. 25. 6 (c)( 1)( iii). 6 28 C. F. R. sect. 25. 7.

    issued by individual states, prospective purchasers of firearms frequently
    use them as a form of identification. ATF regulations provide that prior to
    the transfer of a firearm to a prospective purchaser, the purchaser must
    complete, sign, and date section A of ATF Form 4473, ?Firearms Transaction
    Record Part I Over- theCounter.?

    7 (See app. I.) The form requests the purchaser's name, gender, height,
    weight, race, residence address, birth date, and place of birth. It also
    requires ?yes? or ?no? answers to 12 personal background questions. To avoid
    misidentification of firearm purchasers as felons or other prohibited
    persons, the ATF form also solicits certain optional information about the
    purchaser, such as the purchaser's social security number. 8 Upon receiving
    an FFL's request for an instant background check, the NICS Operations Center
    or state point of contact 9 must provide one of three responses:

    ? Proceed? means that no disqualifying or negative information is in the
    system to indicate that a firearm purchase would be unlawful and the
    transaction may proceed.

    ? Denied? means that the purchase would be unlawful and prohibits the FFL
    from transferring the firearm to the purchaser.

    ? Delayed? means that the transferee must delay the transaction until
    contacted again by NICS or 3 business days have elapsed. 10 If NICS does not
    provide a response after 3 business days, the FFL may transfer the

    firearm. Accordingly, if there is no disqualifying or negative information
    to indicate that the sale may be unlawful, the sale may take place.

    7 27 C. F. R. sect. 178.124( a). 8 27 C. F. R. sect. 178.124( c)( 2). 9 In some
    instances, states acting as points of contact may use terms other than those
    used by NICS. For example, an ?approve? response may be the equivalent of a
    ?proceed? response, a ?pended? response may be the equivalent of a ?delayed?
    response, and a ?nonapproval?

    response may be equivalent to a ?denied? response. 10 An ATF official and
    several FFLs informed us that the most common reason for a delay is that the
    gun purchaser's name and identification are similar to the name and
    identification of a prohibited individual.

    Undercover Agents In Virginia, West Virginia, Montana, New Mexico, and
    Arizona, special Purchased Firearms

    agents acting in an undercover capacity purchased a total of seven firearms
    and a number of magazines. One firearm was a semiautomatic assault Using
    Counterfeit

    weapon, and some of the magazines exceeded 10 rounds of ammunition. 11
    Driver's Licenses With All purchases were made from FFLs at gun stores,
    pawnshops, and a Fictitious Identifiers sporting goods store. The agents
    used counterfeit driver's licenses with fictitious names and identifiers as
    identification. With the possible exception of one in New Mexico, the FFLs
    we contacted complied with

    both the Brady Act and respective state laws when they sold the firearms to
    the undercover agents. Virginia Purchase An undercover agent, using a
    counterfeit Virginia driver's license and a counterfeit earnings and leave
    payroll statement 12 in the same fictitious

    name, purchased a Smith & Wesson Model 6906 9mm stainless steel
    semiautomatic pistol with two 12- round ammunition magazines from a gun
    store in Richmond, Virginia. (See fig. 1.) The salesperson told the agents
    that this firearm was part of a group of firearms sold to the gun store by a
    Virginia police department for resale.

    11 The sale of either semiautomatic assault weapons or magazines containing
    more than 10 rounds is illegal unless, as here, the weapons and magazines
    were manufactured before Sept. 13, 1994. 18 U. S. C. sect. 922( v) and (w); 27
    C. F. R. sect. 178. 40( a) and (b)( 1); and 27 C. F. R. sect. 178.40a.

    12 Virginia state law requires two forms of identification. Virginia Code
    Ann.

    sect. 18. 2- 308. 2: 2 B. 1.

    Figure 1: Richmond, Virginia, Purchase

    Model 6906 Smith & Wesson 9mm Stainless Steel Semiautomatic Pistol With 12-
    Round Ammunition Magazine

    The gun store salesperson requested that the agent complete ATF Form 4473
    and a Virginia State Police firearm purchase form. After checking both forms
    to make sure information provided was identical and complete, the
    salesperson ran the standard instant background check on the fictitious
    name, date of birth, and social security number provided by the undercover
    agent. He also provided the same information to the Virginia State Police

    for a state criminal record check. The records checks by both NICS and the
    Virginia State Police immediately came back with a proceed- to- sell
    response, meaning that no criminal record was associated with the

    information provided. The agent paid for the firearm and, with a fellow
    agent, departed the store, carrying the firearm and ammunition magazines.

    Virginia requires an additional background check not required by the Brady
    Act. Under Virginia law, a prospective firearm purchaser must consent in
    writing to having an FFL telephone the Virginia State Police to check for a

    criminal history record. 13 In checking for a criminal history, the FFL must
    provide essentially the same identifying information to the Virginia State
    Police as it provides to the NICS. The state police are to inform the FFL
    whether the sale is prohibited or it may proceed with the sale. Under
    Virginia law, the state police are encouraged to provide a response ?to the
    requesting dealer [FFL] during the dealer's call or by return call without
    delay.? Also under Virginia law, an FFL may proceed with the sale of a
    firearm without penalty if the FFL has not heard from the Virginia State

    Police by the end of the next business day following the criminal history
    request. An FFL's ability to make the sale under this condition is
    contingent on NICS's having advised the FFL that it may proceed. West
    Virginia Purchase An undercover agent used a counterfeit West Virginia
    driver's license with a

    fictitious name to purchase a Bresa .380 semiautomatic pistol and a box of
    .380 ammunition from a sporting goods store in Berkeley County, West
    Virginia. (See fig. 2.)

    13 Virginia Code Ann. sect. 18. 2- 308. 2: 2.

    Figure 2: Berkeley County, West Virginia, Purchase

    .380 Bresa Semiautomatic Pistol With 8- Round Magazine and .380 Ammunition

    The agent presented a counterfeit West Virginia driver's license and
    completed the ATF Form 4473. The initial NICS check by the salesperson came
    back with a delay response, indicating that the system was either down or
    that the name, date of birth, and/ or social security number

    submitted was similar to ones associated with a criminal history. The
    salesperson told the agent that NICS had 3 business days from the time he
    called in the name- check to respond and that if NICS did not respond within
    that period, he could sell the firearm to the agent. During this
    transaction, the salesperson stated that his main concern about a delay

    notification from the NICS was the potential loss of the sale. In this case,
    the proceed- to- sell order came back from NICS in less than 24 hours. The
    agent returned to the sporting goods store, paid for the firearm and
    ammunition, and departed the store with the merchandise and a companion
    agent.

    Montana Purchases An undercover agent purchased (1) a Russian Samozariadnyia
    Karabina Simonova (SKS) 7. 62mm semiautomatic rifle with a bipod rest and a
    4x scope and (2) a .22 caliber semiautomatic rifle with a folding stock, 4x
    scope, and a 10- shot magazine. (See fig. 3.) The agent purchased the
    firearms from a Billings, Montana, pawnshop and filled out the ATF Form

    4473 using a counterfeit Montana driver's license. The initial NICS check by
    the salesperson came back as a delay, and the salesperson explained that he
    could sell the firearms to the agent if NICS did not respond after the
    required 3 business days. During this transaction, the salesperson told us
    that his main concern in getting the delay notification from the NICS was
    the potential loss of the sale. When the proceed- to- sell order came back
    from NICS, in less then 24 hours, the agent and a companion agent returned
    to the pawnshop, paid for the firearms and ammunition, and left with the
    merchandise.

    At a second pawnshop in Billings, Montana, the two agents also purchased 2
    boxes of 7.62mm Russian- made ammunition and a box of .22 caliber ammunition
    along with a 30- round ?banana clip,? or magazine, for the Russian SKS and 2
    additional 10- shot magazines for the .22 caliber. No identification or
    paperwork was required to purchase the ammunition or magazines. (See fig.
    3.)

    Figure 3: Billings, Montana, Purchases

    7.62mm Russian- Manufactured Samozariadnyia Karabina Simonova Semiautomatic
    Rifle With Bipod Rest, 4x Scope, 30- Round Banana Clip, and 7.62mm
    Ammunition (Top)

    .22 Caliber Semiautomatic Rifle With Folding Stock, 4x Scope, 3 10- Shot
    Magazines, and .22 Caliber Ammunition (Bottom)

    New Mexico Purchase An undercover agent attempted to purchase an Intratec
    9mm semiautomatic pistol, model AB- 10, and a 32- shot magazine from a
    pawnshop in Santa Fe, New Mexico. New Mexico requires only a valid state
    photo- identification and the completion of the ATF Form 4473. On the first
    day, the salesman's attempt to contact NICS was unsuccessful because the

    circuits were busy. When the agent called the next day, the salesman told
    the agent that he had contacted NICS and received a delay message. Later
    that same day, the undercover agent and a fellow agent returned to the
    pawnshop. At that time, the salesperson suggested that the individual
    accompanying the agent could purchase the firearm and transfer it to the
    first agent using a bill of sale. The second agent, also using a counterfeit
    New Mexico driver's license, filled out the ATF Form 4473. The salesperson

    checked the second agent's form against his license for accuracy and
    initiated the NICS background check, which came back immediately as a
    proceed- to- sell response. The first agent then used his credit card to
    purchase the previously selected firearm and magazine in the second

    agent?s name. The first agent also used his credit card to purchase a box of
    9mm 124- grain Hydra- Shok jacketed hollow- point ammunition. This purchase
    was based on the salesperson's statement that it was the best ammunition he
    had in stock to penetrate a bulletproof vest similar to those worn by police
    officers. (See fig. 4.)

    Figure 4: Santa Fe, New Mexico, Purchase

    Model AB- 10 Intratec 9mm Semiautomatic Pistol With 32- Shot Magazine and
    9mm 124- Grain Hydra- Shok Jacketed Hollow- Point Ammunition

    FFLs are required to make entries on the ATF Form 4473 for the sale of
    firearms and include on the form the name of the intended recipient of the
    firearm. Title 18 U. S. C. sect. 924( a) provides that whoever knowingly makes

    any false statement or representation in the records required to be kept for
    the sale of firearms shall be fined, imprisoned for 5 years, or both.
    Further, instructions for ATF Form 4473 warn that ?[ A] licensee who
    knowingly delivers a firearm to an individual who is not buying the firearm
    for himself or herself or as a gift violates the law by maintaining a false
    ATF F [Form] 4473.? In this instance, the FFL may have violated the law by
    selling a firearm to an individual who he knew was not the intended
    recipient.

    Arizona Purchases An undercover agent used a counterfeit Arizona driver's
    license to purchase (1) a Spanish- manufactured half- break .38 caliber 5-
    shot revolver,

    circa 1893, with a box of Smith & Wesson .38 caliber ammunition and (2) an

    Italian- manufactured .25 caliber semiautomatic pistol from a gun store in
    Tucson, Arizona. (See fig. 5.)

    Figure 5: Tucson, Arizona, Purchases

    .38 Caliber Spanish- Manufactured Half- Break 5- Shot Revolver, Circa 1893,
    With .38 Caliber Ammunition (Top)

    Model GT27 Italian- Manufactured .25 Caliber Semiautomatic Pistol With 7-
    Shot Magazine (Bottom)

    Prior to purchasing the firearms, the agent completed the ATF Form 4473.
    Arizona requires an individual wanting to purchase a firearm to show a valid
    photo- identification. The NICS check by the salesperson came back with a
    proceed- to- sell response. Because Arizona is a point- of- contact state,
    the salesperson contacted the Arizona Department of Public Safety

    for the NICS check. The department simultaneously searched available state
    and local law enforcement files. Both searches were negative, allowing the
    sale to proceed.

    During the transaction, the salesperson stated that he was required to do an
    NICS check only on the .25 caliber semiautomatic handgun because the .38
    caliber revolver was over 100 years old and was considered a ?curio.?

    The agent paid for the weapons and ammunition, and he and a companion agent
    departed the store with the merchandise. Attempt to Purchase a

    We also investigated the possibility of purchasing a firearm over the
    Internet by searching a Web site that labels itself a directory service. 14
    An Firearm Over the

    agent acting in an undercover capacity responded to 10 of 21 Internet

    advertisements offering firearms for sale; 8 of the advertisers were FFLs
    and 2 were individuals. The FFL advertisers would ship the firearm offered
    for sale to only an FFL and refused to ship it to an individual. We also
    attempted to purchase firearms from the two advertisers we determined to be
    individuals but did not complete the transactions.

    One individual, in Warner Robbins, Georgia, advertised a Smith & Wesson .45
    caliber firearm for sale for $390. An agent acting in an undercover capacity
    contacted the individual by telephone and told him he was calling

    from the Northern Virginia area. After verifying that the firearm was for
    sale, the agent attempted to convince the individual to mail the firearm to
    him; but he refused to mail the firearm to anyone other than an FFL. The
    agent then told the individual that he would be in the Warner Robbins area
    in a few days, and the individual readily agreed to sell the firearm to the
    agent in a ?face- to- face? transaction. The individual asked the agent if
    he was a criminal; the agent assured him that he was not and provided a

    fictitious name. The individual then agreed to sell the firearm for cash and
    stated that he would not require any identification. He then asked the agent
    to call him for directions to his home when he arrived in Warner Robbins. In
    a second advertisement, an individual in Orlando, Florida, offered to sell a
    9mm semiautomatic firearm for $339. An undercover agent telephoned the
    individual; stated that he was calling from the Washington, D. C., area; and
    verified that the firearm was for sale. The seller refused to send the
    firearm through the mail but agreed to meet the agent to complete the
    transaction. He stated that he would sell the firearm for cash and would not
    require identification.

    14 The site notes that it makes no warranty that the seller or the guns
    actually exist and that all gun transfers must comply with ATF and shipping
    regulations.

    As arranged with your office, unless you disclose its contents earlier, we
    plan no further distribution of this report until 30 days after the letter's
    date. At that time, we will send copies of the report to interested
    congressional committees, the Secretary of the Treasury, the Attorney

    General, and the Directors of the FBI and ATF. The report will also be
    available on GAO's home page at www. gao. gov. If you have any questions,
    please call Assistant Director Patrick Sullivan at (202) 512- 6722. Senior
    Special Agents John Cooney, Woodrow Hunt, William McDaniel, and Thomas Wiley
    and Senior Attorney Barry Shillito made key contributions to

    this investigation and report. Sincerely yours,

    Robert H. Hast Managing Director for Special Investigations

    Appendi xes Bureau of Alcohol, Tobacco and Firearms

    Appendi x I

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    Appendix I

    Appendix I Bureau of Alcohol, Tobacco and Firearms Form 4473

    Page 18 GAO- 01- 427 Firearms Purchased With Bogus Identification

    United States General Accounting Office Washington, D. C. 20548- 0001

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