WASHINGTON — The gun buyer was eager to make a purchase, and the online seller was willing to help him out, even if it meant breaking the law.

"I'm pretty sure if somebody said, 'I can't pass a background check,' you're not supposed to give (a gun) to them," confided the seller, who lives in Maryville. "But it's OK. I would."

The phone conversation, secretly recorded by a private investigator posing as a gun buyer, underscores what critics say is a serious problem across the country: Many unlicensed gun sellers on the Internet are willing to sell firearms to people they know could not pass a background check, which is a felony under federal law.

"There is a significant percentage of sellers who are willing to put guns in the hands of people who aren't allowed to have them," said Mark Glaze, director of the advocacy group Mayors Against Illegal Guns. "That should be a problem for the people of Tennessee. It's a public safety problem for mayors across the country."

'You shouldn't tell me that'

The probe that implicated the Maryville seller was part of a nationwide investigation that found a vast and largely unregulated market for illegal firearms sales.

The investigation was commissioned by New York City Mayor Michael Bloomberg, co-chairman of Mayors Against Illegal Guns.

Private investigators posing as buyers phoned 125 unlicensed, online gun sellers in 14 states and found that 62 percent were willing to sell firearms to people whom they knew probably could not pass a background check. The weapons were listed for sale on craigslist and other websites.

Nine of the 13 unlicensed sellers contacted in Tennessee agreed to sell to a buyer who informed them he probably could not pass a background check. The sellers were offering handguns and assault weapons, with prices ranging from $250 to $950 per gun.

According to their Internet postings, the sellers were located in or around Maryville, Morristown, Clarksville, Donelson, East Brainerd, Lakeland and Lawrenceburg.

In the case of the Maryville seller, the undercover investigator was inquiring about a Taurus .45-caliber handgun listed for sale on gunlistings.org.

"So there ain't going to be no background checks or nothin' like that, then?" the investigator asked, according to a partial recording of the phone conversation posted online (www.nyc.gov/pointclickfire) along with the investigative report.

"It's, uh, it's your problem if it's not legal for you to buy it," the seller replied. " That's how that works here in Tennessee."

Investigator: "Ok, 'cuz, I probably couldn't pass one – a background "

Seller: "Well, you shouldn't tell me that, though. (Laughter) That's OK. I don't know all the letters of the law, but I'm pretty sure if somebody said, 'I can't pass a background check,' you're not supposed to give it to them. But it's OK. I would."

Is anyone investigating?

Licensed dealers are required to conduct background checks on prospective buyers, but private sellers are not. Gun-control advocates say that is a loophole that puts public safety at risk because it enables convicted felons to illegally buy firearms over the Internet.

Though they aren't required to conduct background checks, private sellers are prohibited by federal law from selling guns to people they believe could not pass a background check. Yet critics say the investigation shows that many sellers are willing to look the other way.

The name of the Maryville seller was not made public, and the actual purchase of the firearm never took place. In all nine of the Tennessee cases, while a verbal purchase agreement was reached, no firearm was ever actually purchased. In Ohio, however, investigators conducted follow-up meetings with five sellers and bought the guns.

Glaze said the investigation results were turned over to local law-enforcement officials for review.

Maryville Police Chief Tony Crisp said he was not made aware of the investigation and that his department is not looking into the matter.

"If somebody is willing to sell a gun to a person who wasn't lawfully entitled to it, that certainly is a concern," Crisp said. "But we don't have any kind of open investigation. We don't have a complaint."

The Knoxville field office for the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives also was never made aware of the investigation, said Steve Cordle, the resident agent in charge. But in general, those kinds of online crimes can be very difficult to prove, Cordle said.

"You don't even really know who you're dealing with over the Internet," Cordle said. "It could be a 13-year-old, for all you know. How are you going to prove it's the same guy who sold it or talked to you about it, without you seeing them?"

Gov. Bill Haslam's office said it had not seen the investigation report and could not comment.

Haslam was a member of Mayors Against Illegal Guns for a time while he was mayor of Knoxville, but he eventually withdrew from the organization and joined the National Rifle Association. His membership in the mayors' group became an issue in last year's gubernatorial election.