Our Most Dangerous Export

Preventable death should in no doubt be a bipartisan issue. Unfortunately, perspectives on how to address gun related violence have remained highly polarized. In the wake of mass shootings and studies on escalating crime rates, news circuits have overwhelming focused on the national impact of gun accessibility in the United States. This article will take a second approach and look at the impact of US gun regulations on the rest of the world.

A failure to recognize the global impact of US gun regulations has left politicians espousing platforms that are inherently contradictory. Such politicians push back on common sense gun regulations while condemning drug cartels, foreign actor violence, and families coming to the United States seeking asylum.

Paradoxically the hands-off approach to gun regulation championed by many politicians is in fact outfitting global crime organizations. This impact is particularly salient in our relationship with both our neighbors to the north and the south. This paper will focus on the impact to Mexico as the country has been a frequent target of recent political discord. However, to first communicate the scope of the issue, consider the following data points provided by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Regardless of your stance on gun regulations, it is important to at least understand the impact of lax regulations on the global stage.

Arming Mexico

Mexico, while still protecting its citizens’ right to bear arms, has extremely strict gun laws. The only legal importer of firearms in Mexico is the Mexican military. Citizens may only purchase a gun from a single armed military base in Mexico City. They may do so only after complying with a strict background check process. Annually, only about 13,870 guns are legally issued to citizens. It is then perplexing how such a large number of guns make their way into the hands of criminal organizations. To explore the issue, consider the following infographic.

The above graphic still does not encompass the full impact of US gun regulations on Mexican firearm possession. Under current regulation, the sale of gun components is not labeled as a sale of firearms. Thus, individuals can acquire these components without paperwork or documentation of intended use.

With a few basic components and a 3D pinter, assembly and final manufacturing are relatively easy. Because gun components are not required to be serialized for tracing, when guns assembled in this fashion are seized it can be impossible to trace the weapon to its origin. Thus, the extent of these sales is not reflected in the above data.

This law is especially troubling as it applies to the sale of bump stock attachments. These components are used to enhance the performance of semi-automatic firearms such that they mimic automatic weaponry. This issue was brought to center stage in the wake of the 2017 Las Vegas shooting. The perpetrator used this type of component to outfit the guns used in the shooting, increasing the number of lives lost in the event. These same components frequently find their way across international borders.

Straw Purchases, Background Checks, and Legal Loopholes

Guns are primarily trafficked through a process referred to as straw purchasing. This is a scenario where an individual who can legally acquire a gun purchases a firearm on behalf of a third party who cannot. Lax gun laws in the United States make this method of purchase extremely effective. In most states there are no laws stipulating the frequency or quantity at which firearms can be purchased. This remains true even for semi-automatic weapons like the AR-15 and AK-47 — favorites of drug cartels. Furthermore, lax regulations surrounding how gun sales must be recorded adds to the difficulty of identifying trends that might point to an individual engaging in straw purchasing.

When it comes to cracking down on this specific practice, gun traffickers benefit from congress’s failure to make gun trafficking a federal crime. While it is illegal for purchasers to misrepresent their intent with the purchased firearm when filling out background check paperwork, the actual trafficking is not illegal.

This legal shortcoming means individuals found guilty of misrepresenting intended use can only be brought up on charges of making false claims on the paperwork required to purchase a gun. Straw purchasing from a licensed seller is typically only punishable by probation and a year of probation or community service.

This technicality leaves even less room for prosecution when guns are purchased through unlicensed sellers. Unlicensed sellers include groups or individuals that sell guns but do not claim to be “engaged in the business” of selling firearms. Gun shows also benefit from this loophole as, in most states, buyers can purchase guns from these conventions without having to undergo a formal background check. Under this system, gun trafficking is not inherently illegal as no paperwork was required in the purchasing of the gun.

The Impact

These laws are not just enabling mass shootings and high crime rates in the United States. Aided and abetted by congressional failures to adopt common sense gun regulations, Mexican criminal organizations have very little difficulty obtaining the firearms necessary to control drug territories, terrorize communities, and extort law enforcement.

Gun related violence in Mexico is on a continued upward trend. This violence is not just impactful to Mexico, but also to surrounding countries. The United States has identified the impact to its own borders but fails to consider the impact to other Latin America countries. Guns acquired are frequently passed on to criminal organizations in surrounding areas, perpetuating the supply chain of trafficked firearms.

Common Sense

Despite the impact to national and global communities, many argue that common sense regulations threaten the rights of US gun owners. Many others refuse to compromise on anything less than sweeping reform that leaves little room for compromise. As such there is a general refusal to have an open dialogue on how lawmakers can help prevent criminal activity through non-invasive common-sense measures. A few examples of proposed regulations that have failed to garner support can be seen below.

• Make straw purchases and the trafficking of firearms across borders illegal with a mandatory minimum sentence
• Require background checks to be conducted on any sale of firearms including those conducted by unlicensed sellers and gun shows
• Require the sale of gun components to be recorded as a sale of firearms with an attached serial number
• Outlaw the sale of bump stocks and any other devices that enable semi-automatic weapons to behave like automatic weapons
• Institute laws requiring the digital recording of gun sales to facilitate the tracing of firearms seized in illegal activities

Wrapping Up

Opposition to criminal activity is not a partisan issue. There are many opportunities for non-invasive policy measures that should be viewed as middle-ground solutions to critical problems. As with most issues in congress, both sides must stop viewing policy as an all or nothing negotiation.