After arriving in Colorado, the teen who allegedly made threats against Denver-area schools purchased a shotgun at Colorado Gun Broker, located less than two miles from Columbine High School, setting off a manhunt that ended Wednesday when she died by suicide.
Contrary to reports in the press and claims made by the dealer who sold her the gun, the sale was not only irresponsible, it was also illegal.
Under federal law, a licensed gun dealer such as Colorado Gun Broker may only sell “long guns” such as rifles and shotguns to out-of-state residents if the sale would have been legal in the purchaser’s own state (handguns may only be sold to in-state residents).
In the aftermath of the Parkland tragedy, Florida raised its minimum age for long gun purchases to 21. As an 18-year-old Florida resident, the purchaser in this case was ineligible to buy rifles and shotguns in any state, including Colorado, because she was ineligible to purchase them in her home state. If it were otherwise, prohibited purchasers would easily be able to evade their state’s gun laws by simply driving across state lines.
While it is possible that the purchaser used a fake ID, those selling firearms must scrutinize IDs, just as a liquor store or bar must. Background check operators should also have flagged that the Florida teen was underage and denied the sale.
Unfortunately, gun industry immunity laws passed in the early 2000s, such as the federal Protection of Lawful Commerce in Arms Act (PLCAA), and the current lack of federal prosecutions of rogue dealers have created an atmosphere of impunity for reckless gun distributors. Not only do dealers face little threat of legal action because of PLCAA and other laws, but a federal appropriations rider prohibits the government from disclosing the names of the irresponsible dealers that contribute to gun crime. What’s more, the Bureau of Alcohol, Tobacco, Firearms and Explosives has been hamstrung by budgetary and statutory restrictions for decades in its work to supervise and penalize rogue dealers.
No one should be surprised that when an industry faces little meaningful oversight, some of its members will put profit before public safety. For more information, please don’t hesitate to reach out.