October 26, 2010

It took the Post’s David S. Fallis a year of dogged research involving dozens of interviews and multiple databases to uncover what should be a matter of public record -- the names of dealers who sell guns that are used in crimes.

The federal government collects such data. But under pressure from the gun lobby, Congress in 2003 put such information beyond the reach of Freedom of Information Act requests. The Post report shows how contrary to the public interest that legislation was.

Mr. Fallis found that just a few dealers in Maryland and Virginia account for a large proportion of guns sold in those states that are later used in crimes. In Virginia, for example, roughly two-thirds of the guns sold since 1998 and recovered by local authorities in criminal investigations came from 40 of the state's 3,400 dealers. In Maryland, the Realco shop in Forestville was responsible for one of three guns confiscated by law enforcement officials in the District and Prince George's County. His findings are consistent with a 2000 review by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), before Congress enacted its information blackout, which showed that 57 percent of guns used in crimes nationwide came from 1.2 percent of dealers.

The Maryland and Virginia businesses insist that they comply with the letter and spirit of the law, but that is not saying much. Regulations governing gun dealers have been significantly watered down over the years, thanks to the political muscle of the gun lobby and the timidity of lawmakers. The nation's 100,000 gun dealers are rarely audited; each can expect an inspection roughly every eight years. Even dealers with egregious records have little trouble staying in business; they shuffle licenses from one location to another or designate a different owner, as Mr. Fallis's report shows.

Licensed gun dealers cannot be held liable for crimes committed with guns they sell. But they should be held to the toughest standards possible to ensure lawful sales. Those with a high number of "crime gun" sales should be inspected frequently, and penalties for dealers who allow illegal transactions should be swift and stiff. That isn't likely to happen, though, as long as the public is kept in the dark about the extent of the problem and who the wayward dealers are.