-Caveat Lector- <A HREF="http://www.ctrl.org/"> </A> -Cui Bono?- http://www.sltrib.com/1999/sep/09071999/nation%5Fw/21825.htm FBI Rarely Has Arrested Violators of Brady Law Tuesday, September 7, 1999 KNIGHTRIDDER NEWS SERVICE WASHINGTON -- Every day, a computer at the sprawling FBI crime information center in rural West Virginia kicks out the names of 100 or more convicted felons and others who, though barred by law from owning a gun, tried to buy one anyway by lying on their firearms applications. In most instances, the federal government knows where to find these gun law violators, and has in its possession evidence that could lead to convictions. But this is one gun law the government rarely enforces. Of the 23,000-plus cases referred by the FBI to the federal Bureau of Alcohol, Tobacco and Firearms for potential prosecution since the beginning of the year, only 65 people have been arrested, according to the ATF. The Clinton administration says it doesn't have the staff to make many arrests and is focusing on more serious crimes, and that assertion has triggered a storm of criticism from Republicans and pro-gun groups. "It takes a lot of nerve to bang your fist and demand tougher juvenile gun laws while doing nothing to enforce the ones that already exist," said U.S. Rep. Bill McCollum, R-Fla., a former federal prosecutor who has held hearings on the issue. The issue is likely to surface later this month when Congress goes back to work on a proposal to require background checks for all firearms purchases at gun shows. While federally licensed gun dealers are required to perform such checks, people who make sales from private collections are under no such obligation. While shootings at Columbine High School in Colorado on April 20 and at a Jewish day-care center in California on Aug. 10 have added impetus to the gun control movement, pro-gun groups point to the small number of prosecutions for violations of the Brady Act, the 1993 law that required the background checks, as evidence that the White House isn't serious about going after gun violence. The stakes in this debate are huge, because gun control advocates sense the spate of recent shootings has made the country and Congress more willing to consider new controls on gun ownership. But the administration's poor record on enforcing the background-check law gives gun supporters ammunition to fight new restrictions. The Clinton administration says it prosecutes only a handful of these crimes because the offenders very often are not dangerous, and the highest priority is to go after illegal weapons traffickers who use straw purchasers with clean records to buy their guns. But failing to make these arrests can have horrible consequences. The most notorious example is that of Benjamin Nathaniel Smith, who killed two people and wounded nine in July in a racially motivated rampage through Chicago and Indiana before taking his own life. As he planned his murders, Smith first tried to buy a weapon from a gun store, but was turned down after an instant check disclosed that his ex-girlfriend had obtained a protective order against him. But no attempt was made to arrest Smith, and he later procured weapons from a private dealer selling guns from his home. But federal law enforcement officials say many Brady law violations involve people who are not dangerous, such as illegal immigrants or people who have been convicted of crimes like writing bad checks. � Copyright 1999, The Salt Lake Tribune All material found on Utah OnLine is copyrighted The Salt Lake Tribune and associated news services. 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