Online gun sellers face greater scrutiny

Suit alleges sites aid illegal sales to those prone to violent crime

Bloomberg NewsDecember 25, 2012 

Online gun sellers are facing greater scrutiny after the second-deadliest school shooting in U.S. history, spurring a nationwide debate and proposals to limit the availability of firearms.

Among them is Armslist, an Oklahoma-based online gun marketplace, which is being sued for wrongful death by the family of Jitka Vesel, whose killer shot her as many as a dozen times with a weapon advertised on the site.

The lawsuit came two days before the Newtown, Conn., massacre that left 28 dead, including the gunman, his mother and 20 children at Sandy Hook Elementary School. It was the latest mass shooting in a deadly year, following an attack in a Colorado movie theater that killed 12 and wounded 58, and another at a Wisconsin Sikh temple that left six dead.

“Under current law, there’s a gaping Internet loophole, which enables gun websites to facilitate illegal gun sales that result in gun crimes and gun deaths,” said Jonathan Lowy, director of the Legal Action Project at the Washington-based Brady Center to Prevent Gun Violence and a lawyer representing Vesel’s family. “Felons, the dangerously mentally ill and domestic-violence abusers can buy guns no questions asked.”

A phone listing for Armslist in Oklahoma wasn’t available. Representatives of the company didn’t immediately respond to an emailed request for comment.

Armslist.com enables illegal interstate arms sales because it doesn’t make buyers or sellers provide identification, according to the complaint filed in state court in Chicago by Alex Vesely, the victim’s brother. There’s no background check required for private gun sales in most states, Lowy said.

“They should be going after the criminal who committed the crime,” Larry Pratt, executive director of Springfield, Va.-based Gun Owners of America, said in a phone interview.

The New York Mayor’s office last year said an investigation into Internet gun sales found “a vast and largely unregulated” market for illegal weapons, with 62 percent of private sellers willing to provide firearms to people who weren’t likely to pass a background check.

In the Armslist lawsuit, Vesely alleges his sister’s killer, Demetry Smirnov, illegally bought a .40-caliber handgun from a private seller in Seattle he located through the website.

The seller, who was convicted for his role in Jitka Vesel’s death, admitted at his sentencing that Smirnov had paid him extra because he lived out of state, couldn’t buy it legally, and users of Armslist.com could easily evade gun laws, according to the lawsuit. “Armslist matches buyers and sellers solely based on Armslist’s mandatory drop-down menus that steer illegal buyers to illegal sellers,” Vesely said. “Armslist’s development of content thus materially contributes to the illegality of the gun sales it promotes.”

Armslist says on its website that it was created by “gun owning and gun loving Americans” because other Internet market places shun firearms.

EBay, Craigslist, Amazon.com and Google prohibit listing guns for sale, according to Vesely’s complaint.

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