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Solutions? Gun-control debate rages on

April 18, 2009 @ 09:50 PM

HUNTINGTON -- The gun trafficking issue prompts a tug-of-war between impassioned, polarized viewpoints.

In one camp are people such as Doug Pennington, a spokesman for the Brady Campaign, a group that favors more gun-control laws. He said his group recognizes 98.8 percent of gun owners are responsible. He said the organization takes aim at the other 1.2 percent.

Julie Callicoat believes that is the right approach. Her daughter suffered life-altering injuries in September 2003.

The victim's boyfriend purchased a once stolen firearm and used it to shoot Callicoat's daughter, who remains a quadriplegic five years later.

"I believe that if somebody is going to do something, they will be able to get a gun," she said. "But I think it should be harder for them to get it."

In the other camp are people like NRA spokesman Andrew Arulanandam. He argues that existing gun laws need to be enforced, instead of following a path toward passing new laws supported by Brady and other gun-control groups. Arulanandam said his opponents have a political agenda to restrict and gradually outlaw private gun ownership.

"Every action they undertake, every proposal they put forth has that end goal," he said. "Laws don't mean a thing unless you enforce them ... Our position is simple. If someone is breaking the law, go after them and charge them criminally. If people aren't breaking the law, then leave them alone."

Rusty Reed, a West Virginia state trooper, a federally licensed firearms dealer and member of the National Rifle Association, said additional laws would be burdensome.

"I don't think we have an overabundance of regulation in West Virginia, but I don't think it has hurt us," he said. "We probably strike a pretty good balance."

Many of the Brady proposals focus on three fronts -- limits on bulk purchases, better background checks and improved tracking of weapons.

Stopping bulk purchases would limit the number of firearms a person could purchase at one time. Brady believes traffickers buy many guns and sell them on the black market in states with stricter laws.

The FBI National Instant Criminal Background Check System (NICS), based in Clarksburg, W.Va., is the nationwide clearinghouse for criminal background checks. The majority of gun purchases must receive approval from a background check performed at the center, but Pennington argues the nationwide database does not include criminal records for everyone in the nation.

Pennington called NICS an imperfect system that can never be perfect without access to all available crime records. States voluntarily participate, since the federal government cannot force states to transmit criminal records to the national database.

The Third Way, a nonprofit and nonpartisan think tank, documented the problem in a May 2007 report. It states West Virginia and Ohio had increased their levels of reporting from 1999 to January 2004, but neither state was anywhere close to 100 percent. The report states West Virginia had reported 40 percent of its criminal records by January 2004, while Ohio had transmitted 65 percent. Kentucky's contribution was unavailable in 2004, but it had transmitted 59 percent in 1999.

Congress passed a law aimed at providing incentives to participating states, hoping to remedy the situation in the wake of the April 2007 massacre at Virginia Tech. Several states, including West Virginia, vowed to improve reporting.

The Brady Campaign has recognized some progress, but estimates 25 percent of felony conviction records nationwide were still missing from the NICS as of early last year. Pennington said those statistics prove the need for more participation, along with implementation of state-level background checks.

Pennington pointed to Virginia as one example. It is one of 13 states that subject gun buyers to state-level checks. Brady believes that increases effectiveness because states have the best access to their own records.

"The FBI is only as good as the records that the states provide," he said. "It is a lot more likely the state of Virginia will catch a Virginia-prohibited purchaser, than it is for a West Virginia felon or dangerous person to be caught in West Virginia."

The effectiveness of NICS also depends upon its use. Brady is petitioning governments to close loopholes that do not mandate background checks for private transactions. Current law only requires federally licensed firearm dealers to conduct background checks. Brady believes background checks must be conducted for every sale, including ones from unlicensed dealers at gun shows and other sales between private citizens.

"Society is trusting my judgment that I'm selling to somebody who doesn't have a criminal record, who doesn't beat their spouse, who doesn't have a dangerous mental health history and just hope for the best. That's how we used to have it," Pennington said.

The NRA said unlicensed gun show sales account for less than 1 percent of all crime guns. The gun-rights group worries many of the Brady proposals do little to reduce actual crime, NRA spokeswoman Vickie Cieplak said.

Cabell County Sheriff's Chief Deputy Doug Ferguson supports background checks for person-to-person sales. His sheriff, Tom McComas, theorized new legislation could force both parties to record the transaction with a federally licensed dealer.

The Brady proposals could equate to registering firearms, much like motorists register their vehicles. Pennington said doing so offers many advantages, but the NRA relates any type of registration to potential confiscation, which it contends has occurred in other countries.

Pennington said such a plan would enhance background checks, allow authorities to track firearms and alert the government when a once authorized gun owner commits a later crime prohibiting him from further ownership.

McComas said such a proposal could reduce some gun trafficking, but he wonders what state or entity would be required to maintain such a huge database.

Along with the database, Reed said he believes it would create a massive bureaucracy. He said police already have access to needed records for the very few weapons that are misused.

"Look at the size of DMV (Division of Motor Vehicles) to keep track of the cars in West Virginia. How big of an agency would you need to keep track of the firearms?" he asked.

Pennington said he believes registration could occur with little costs.

Even so, Reed, McComas and other gun-rights supporters say no gun-control law will be fool proof.

"People in the criminal enterprise are going to seek out ways to circumvent the system," McComas said. "It doesn't make any difference whether you have three laws, 10 laws or 15 laws."

Huntington Police Chief Skip Holbrook shares a belief with many gun-rights supporters that tougher punishments for violent crime will help keep guns out of the wrong hands. The police chief said he supports anything that brings accountability to a system, but he said restrictions must be reasonable.

"I think anything that you do to make people that would sell or trade guns accountable in who they are selling to and the circumstances they're selling is fine," he said. "But you don't want to penalize the law-abiding citizen for things that criminals are doing because criminals are going to get their hands on the firearms no matter what."