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On Behalf of | May 15, 2016 | Firm News

The danger in selling guns on the internet was detailed in a study, “The Online Gun Marketplace and the Dangerous Loophole in the National Instant Background Check System,” published in the John Marshall Journal of Information Technology and Privacy Law in 2014.
The study outlines the legislation that makes up the modern framework of gun control in America, beginning with the Gun Control Act of 1968. The Act identifies categories of people prohibited from purchasing firearms under Section 22—convicted felons, the mentally ill, substance abusers, foreign nationals or people who had renounced American citizenship, and people who had been convicted of domestic violence or were under a restraining order. The Brady Act of 1993 was an amendment to the Gun Control Act and mandated background checks prior to any gun sale by a seller with a federal firearm license. The law only applied to what it defined as “dealers,” however, and did not regulate the activities of private or occasional sellers of firearms. Next, Daniels discusses the online gun marketplace and attempts by Congress at gun legislation reform, beginning in 1999, shortly after the advent of the internet. The study concludes by addressing policy implications of gun control advocates and opponents.
Some key findings:

  • Internet classified websites have opened an avenue for the private and anonymous exchange of firearms and ammunition through advertisement posts. Armslist, an internet bulletin board where people can sell firearms, includes some 170,000 listings, 95 percent of which are from private sellers who do not need to comply with the federal background checks required of their federally licensed counterparts.
  • In the last few years, gun sellers have begun tapping into social media websites and smartphone applications to advertise their firearms. The popular photo-sharing application Instagram has become the newest platform for firearm advertisements.
  • The emergence of the online gun marketplace amplifies the “dangerous loopholes” in current federal gun laws. This includes amendments to Section 922 that would contain the following measures, some of which have already been considered under recent executive action:
    • Mandating universal background checks to include all non-licensed dealers.
    • Recognizing the online gun marketplace in the law and adding it to current federal legislation.
    • Including an effective enforcement mechanism through inclusion of a penalty section to federal legislation.
    • Using a “sunset clause” that would force Congress to reconsider laws before they expire and serve as a “democracy alarm clock.”

The study concludes by stating that since the Gun Control Act and the Brady Act were passed, in 1968 and 1993 respectively, the gun market has changed dramatically with the advent of the internet. “The solution” to the trafficking of guns via the vast, unregulated online market, according to the study author, “is as simple as keeping laws up to date with the times.”