Texas Man Arrested for Illegally Trafficking in Firearms Trough Newspaper Classifieds
Gun buyers included persons who could not pass a criminal background check, At least three guns sold by the unlicensed seller were subsequently used in unlawful acts by the buyer
Hen-Jen “Andrew” Wu, a civil engineer from Cedar Park, Texas wanted to earn some extra money. So Wu went into business selling guns through classified ads in the newspaper and over Internet sites. But Wu was not a licensed firearms dealer and he never applied for a dealer’s license. On June 14, 2005, Wu was arrested in Austin for violating several Federal firearms laws, including being “engaged in the business” of dealing in firearms without a license to do so.
The Facts
Between Feb. 11, 2004 and June 9, 2005 (16 months), Wu acquired at least 107 guns in 65 separate transactions from a single Austin gun store known as The Cost Plus 10% Gun Shop. For each transaction, Wu completed ATF Form 4473 required on all dealer sales and passed the criminal background check mandated by the Brady Law on dealer sales.
During this period, Wu placed ads for guns in the classified section of the Austin American Statesman at least 20 times. All the ads listed multiple guns for sale, usually with the words “and more” at the end of the ads.
At least three of the guns acquired by Wu from The Cost Plus 10% Gun Shop and resold by Wu were involved in unlawful criminal acts.
- On Jan. 5, 2005, a 27 year-old male named Shad Coleman was arrested in Austin for unlawfully carrying a concealed weapon after he accidentally shot himself in the leg. Coleman is an unlawful user of methamphetamine and has a prior criminal record.
- On March 20, 2005, a 23 year-old male named Daren Jackson was arrested in Dallas for unlawfully carrying a concealed weapon after waving the gun in a parking lot. Jackson has prior arrests for failure to identify, fugitive from justice, possession of marijuana, coercion of a public servant/voter threat, and assault causing bodily injury to a family member. Jackson pled guilty to the domestic assault charge. Jackson’s domestic violence conviction means that he is prohibited by Federal law from purchasing or possessing firearms.
- On March 25, 2005, a 28 year-old male named Howard McCall was arrested in Austin for unlawfully carrying a concealed weapon and possession of drug paraphernalia while in possession of a firearm. McCall has prior arrests for possession of a controlled substance, prohibited weapons possession, and criminal mischief.
On May 23, 2005, an ATF special agent, acting in an undercover capacity, called Wu about several guns for sale advertised in the classified section of the May 20 edition of the Austin American Statesman. The agent met Wu around 9 pm in the parking lot of the Barnes & Noble bookstore in Lakeline Mall in Austin. Wu showed the agent three 9mm pistols – a Daewoo DP51C, a Norinco, and a Taurus Millennium. The agent purchased the Daewoo pistol from Wu for $350 cash.
During the transaction, the agent asked Wu if he would be interested in selling a gun to a friend of the agent who had a criminal record and could not pass a background check. Wu said that he would.
On June 2, 2005, the ATF special agent met Wu at approximately 8 pm in the Barnes & Noble parking lot. The agent introduced Wu to his friend, who was in fact an ATF confidential informant, and a convicted felon. (He had served 3 years in prison for a 1993 felony robbery.) The confidential informant told Wu that he was a convicted felon and could not pass a background check. Wu showed the confidential informant four guns – a semiautomatic assault rifle, a Glock .40-caliber pistol, a Glock .357-caliber pistol, and an Intratec TEC-9 9mm assault pistol with a 30-round detachable ammunition magazine. The confidential informant purchased the TEC-9 pistol from Wu for $600 cash.
On June 3, 6, and 7, 2005, Wu contacted the confidential informant about selling more firearms to the confidential informant. On June 8, the confidential informant met with Wu again in the Barnes & Noble parking lot where he purchased a Glock .357-caliber pistol from Wu for $570 cash.
Wu, who is married and has two children, is not a U.S. citizen. He was born in Taiwan and is in the United States as a nonimmigrant alien sponsored by his employer. As such, Wu is prohibited by Federal law from possessing firearms. Yet he was able to acquire over 100 guns from The Cost Plus 10% Gun Shop by lying on ATF Form 4473, which must be completed on all firearms purchases from licensed firearms dealers, about his citizenship.
On June 14, 2005 Wu was arrested and taken into custody for violating numerous Federal firearms laws, including making false statements in the acquisition of firearms, being “engaged in the business” of dealing in firearms without a license, and selling firearms to a person that the seller knows is prohibited by law from possessing firearms.
(Note: These facts are based on a federal criminal complaint filed on June 13, 2005 in United States District Court, Western District of Texas.)
What’s wrong here?
What’s wrong here is that some newspapers will take classified ads for all types of guns, including handguns and assault weapons, from anyone who in turn will sell them to anyone, including felons, domestic abusers, minors and other persons who are prohibited by law from possessing firearms. In essence, these newspapers are allowing their newspaper to be used as a marketplace for illegal gun transfers.
Newspapers that take classified ads for guns from unlicensed sellers are not only providing a source of guns for prohibited purchasers who cannot pass a criminal background check, they are also providing a venue for gun traffickers to illegally sell guns. And these gun traffickers will sell to anyone with the cash.
These newspapers show a blatant disregard for public safety by putting their readers and the general public at increased risk of gun violence. The unintended and often tragic consequences from the unregulated sale of firearms by unlicensed sellers through the classifieds are both predictable and inevitable. The question is, “How does society benefit from these newspaper’s negligent and reckless policies?
Campaign to Close the Newspaper Loophole
The Campaign to Close the Newspaper Loophole asks newspapers to restrict firearms advertisements to licensed firearms dealers only and to not take classified ads for guns from unlicensed sellers. Since the campaign was launched in November 2001, at least 26 newspapers with a combined daily circulation of 5.8 million have changed their advertising policy.