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Restrictions on gun sales inconsistent
By Elizabeth Kenny
[email protected]
PORTSMOUTH - The private sale of guns remains legal, but controversial, in New Hampshire and Maine.
"But that’s the American way," Kittery Chief of Police Edward Strong said. Strong said he believes in private sales, "but I’d like to see some way of controlling them, including background checks. But I really don’t know how you would go about enforcing that."
New Hampshire state law requires those selling firearms to know the purchaser, but Maine’s laws have no such requirement. A Mainer could legally sell a firearm to a total stranger.
While some are highly concerned by this idea, others in New Hampshire admit that, although their law may sound stricter, it’s very hard to enforce.
Plus, a gun loophole involving newspaper classified ads leads to questions of law interpretation.
Executive Director of Maine Citizens Against Handgun Violence Cathie Whittenburg said the laws sweep from very strict in Massachusetts to practically no regulations in Maine.
"There is a tremendous variation in this small, Seacoast area," Whittenburg said, explaining that she would hope Maine would start to follow Massachusetts’ lead, and start to look more closely at the loopholes within private sales.
New Hampshire’s law states that "an individual not licensed under the provisions thereof, who is not engaged in the business of selling pistols or revolvers from selling a pistol or revolver to a person licensed under this chapter or to a person personally known to him" is exempt from performing background checks and other laws that licensed gun dealers must observe.
Maine laws don’t even ask this of its firearms owners. Strong said Maine’s laws may be different, but the crimes committed by weapons are lower than most others in the union.
"It’s not a big problem, even though Maine has a high gun ownership (percentage)," Strong said.
New Hampshire legislators and police officers, as well as many anti-gun advocates, are beginning to look into what is referred to as the gun loophole. This loophole allows for firearms to be sold through classified ads, even though the law states that a person must know to whom he or she isselling firearms.
New Hampshire Sen. Burt Cohen said "hunting is a great New Hampshire tradition, and I support it, but this loophole does remain a problem."
Capt. Bill Irving, from the Portsmouth Police Department, said the law is hard to enforce because it’s "open for interpretation. ... What does it mean to know someone personally?" he said, stating his concerns with prosecution if someone said they sold the gun to someone they met a few times.
For those who sell or are looking to sell firearms, Irving said, "You should know or make an effort to find out what the laws are. ... Call your local police department, if (you) have questions. Go to a licensed firearm dealer to transfer or sell your gun with them; that way, they would avoid the issue altogether."
Strong said he sees this as another option for concerned gun owners who want only people who are legally allowed to own guns. They can sell or trade them in with licensed dealers, forcing background checks on the next person to purchase the gun.
The Kittery Trading Post, an outdoor sports equipment, clothing and footwear store, is one of the few licensed gun dealers on the Seacoast. They also buy and trade firearms.
A licensed dealer, the Trading Post has a National Instant Check System, as well as a federal sale form required of customers purchasing a firearm.
According to co-owner Kim Adams, the check system goes to a federal system and does a background check to make sure they can legally complete the sale.
But Adams says he thinks private sales are safe and he does not have much concern. He said he would like to see gun show sales follow the same instant check system.
"The gun shows are an organized event ... and should be subject to the same regulations that we have to go through," Kim said.
State police officer Sgt. Patrick Poirier said licensed dealers at gun shows are still required to conduct background checks, but unlicensed dealers do not have to follow these regulations, even though they are at the same show.
Trading Post co-owner Kevin Adams said he agrees with Kim and also believes private sales are safe.
"All purchases have to go through instant check, so the person’s name is going to be labeled on that gun," Kevin said about private sales. "A person is not going to put their name on a product that they would later give to someone wanted from the FBI."
But some say they are concerned that the number of hands a firearm can transfer through could get muddy. Sales from private owner to private owner, without any paperwork on the transaction required, could make it hard to trace exactly whose hands the gun went through.
"When a transaction takes place between private (unlicensed) persons, who reside in the same state, the Gun Control Act (GCA) does not require any record-keeping," according to the Bureau of Alcohol, Tobacco, Firearms and Explosives on the U.S. Department of Justice Web site.
Most interviewed by the Herald said they just hope gun owners who privately sell are being smart about it.
Sgt. Poirier said he would never consider selling a gun to someone he didn’t know well.
"I would regulate a bill of sale ... and make copies of it," Poirier said. "I would treat it like a regular business transaction."
Poirier said, that way, he could prove to whom he sold his firearm and have legal documents to back him up.
Cohen said there were certain steps he, too, felt were necessary in order to keep New Hampshire safe.
"With all rights comes responsibility," Cohen said. "We can protect those rights and make sure individuals take that responsibility, and not make the problem worse."
http://www.seacoastonline.com/news/02172003/news/13351.htm
By Elizabeth Kenny
[email protected]
PORTSMOUTH - The private sale of guns remains legal, but controversial, in New Hampshire and Maine.
"But that’s the American way," Kittery Chief of Police Edward Strong said. Strong said he believes in private sales, "but I’d like to see some way of controlling them, including background checks. But I really don’t know how you would go about enforcing that."
New Hampshire state law requires those selling firearms to know the purchaser, but Maine’s laws have no such requirement. A Mainer could legally sell a firearm to a total stranger.
While some are highly concerned by this idea, others in New Hampshire admit that, although their law may sound stricter, it’s very hard to enforce.
Plus, a gun loophole involving newspaper classified ads leads to questions of law interpretation.
Executive Director of Maine Citizens Against Handgun Violence Cathie Whittenburg said the laws sweep from very strict in Massachusetts to practically no regulations in Maine.
"There is a tremendous variation in this small, Seacoast area," Whittenburg said, explaining that she would hope Maine would start to follow Massachusetts’ lead, and start to look more closely at the loopholes within private sales.
New Hampshire’s law states that "an individual not licensed under the provisions thereof, who is not engaged in the business of selling pistols or revolvers from selling a pistol or revolver to a person licensed under this chapter or to a person personally known to him" is exempt from performing background checks and other laws that licensed gun dealers must observe.
Maine laws don’t even ask this of its firearms owners. Strong said Maine’s laws may be different, but the crimes committed by weapons are lower than most others in the union.
"It’s not a big problem, even though Maine has a high gun ownership (percentage)," Strong said.
New Hampshire legislators and police officers, as well as many anti-gun advocates, are beginning to look into what is referred to as the gun loophole. This loophole allows for firearms to be sold through classified ads, even though the law states that a person must know to whom he or she isselling firearms.
New Hampshire Sen. Burt Cohen said "hunting is a great New Hampshire tradition, and I support it, but this loophole does remain a problem."
Capt. Bill Irving, from the Portsmouth Police Department, said the law is hard to enforce because it’s "open for interpretation. ... What does it mean to know someone personally?" he said, stating his concerns with prosecution if someone said they sold the gun to someone they met a few times.
For those who sell or are looking to sell firearms, Irving said, "You should know or make an effort to find out what the laws are. ... Call your local police department, if (you) have questions. Go to a licensed firearm dealer to transfer or sell your gun with them; that way, they would avoid the issue altogether."
Strong said he sees this as another option for concerned gun owners who want only people who are legally allowed to own guns. They can sell or trade them in with licensed dealers, forcing background checks on the next person to purchase the gun.
The Kittery Trading Post, an outdoor sports equipment, clothing and footwear store, is one of the few licensed gun dealers on the Seacoast. They also buy and trade firearms.
A licensed dealer, the Trading Post has a National Instant Check System, as well as a federal sale form required of customers purchasing a firearm.
According to co-owner Kim Adams, the check system goes to a federal system and does a background check to make sure they can legally complete the sale.
But Adams says he thinks private sales are safe and he does not have much concern. He said he would like to see gun show sales follow the same instant check system.
"The gun shows are an organized event ... and should be subject to the same regulations that we have to go through," Kim said.
State police officer Sgt. Patrick Poirier said licensed dealers at gun shows are still required to conduct background checks, but unlicensed dealers do not have to follow these regulations, even though they are at the same show.
Trading Post co-owner Kevin Adams said he agrees with Kim and also believes private sales are safe.
"All purchases have to go through instant check, so the person’s name is going to be labeled on that gun," Kevin said about private sales. "A person is not going to put their name on a product that they would later give to someone wanted from the FBI."
But some say they are concerned that the number of hands a firearm can transfer through could get muddy. Sales from private owner to private owner, without any paperwork on the transaction required, could make it hard to trace exactly whose hands the gun went through.
"When a transaction takes place between private (unlicensed) persons, who reside in the same state, the Gun Control Act (GCA) does not require any record-keeping," according to the Bureau of Alcohol, Tobacco, Firearms and Explosives on the U.S. Department of Justice Web site.
Most interviewed by the Herald said they just hope gun owners who privately sell are being smart about it.
Sgt. Poirier said he would never consider selling a gun to someone he didn’t know well.
"I would regulate a bill of sale ... and make copies of it," Poirier said. "I would treat it like a regular business transaction."
Poirier said, that way, he could prove to whom he sold his firearm and have legal documents to back him up.
Cohen said there were certain steps he, too, felt were necessary in order to keep New Hampshire safe.
"With all rights comes responsibility," Cohen said. "We can protect those rights and make sure individuals take that responsibility, and not make the problem worse."
http://www.seacoastonline.com/news/02172003/news/13351.htm
