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1 (July 6, 2001)

handle is hein.crs/crsahqx0001 and id is 1 raw text is: Order Code RS20957
July 6, 2001
CRS Report for Congress
Received through the CRS Web
Internet Firearm Sales
T.J. Halstead
Legislative Attorney
American Law Division
Summary
With the increasing utilization of the internet to facilitate commercial transactions,
concerns have arisen regarding the use of this medium to transfer firearms. This report
discusses the sale of firearms over the internet, with a focus on the extent to which
federal law regulates such activity. A review of the relevant factors indicates that while
firearms transferred in an illegal manner via the internet may pose special investigatory
problems for law enforcement, internet firearm sales are subject to the same regulatory
scheme as traditional firearm transactions.
The rapid growth of the internet as a venue for commercial transactions has raised
concerns regarding the sale of firearms over the internet. These concerns have been
magnified by reports that there are approximately 4,000 firearm sales-related websites, as
well as 80 sites where guns may be purchased via auction.' In particular, it has been
asserted that current firearm laws either do not regulate internet-based sales, or are
insufficient to combat illegal firearm sales in the internet context.2 A review of applicable
federal law, discussed below, establishes that intemet-based firearm sales are not imbued
with a special character by virtue of their medium of transfer, and are in fact subject to the
same degree of regulation as any other type of firearm transaction. It should be noted
however, that while current federal laws regulating the transfer of firearms are fully
applicable in the internet context, the unique qualities of internet transactions may pose
significant obstacles to their enforcement.3
1 See U.S. Dept. of Justice, Gun Violence Reduction: National Integrated Firearms Violence
Reduction Strategy, at 28, located at [http://www.usdoj.gov/opd/gunviolence.htm].
2 See n. 21-26 and accompanying text, infra.
' See n. 24 and accompanying text, infra. This report addresses the specific issue of whether
current federal firearm laws apply to internet-based firearm sales and whether such laws are
effective in the internet context. It does not purport to broach the related policy issue of whether
additional firearm laws, either generally or specifically applicable to internet transactions, are
warranted. For a thorough analysis of current policy issues and legislative activity regarding
firearms, See CRS Issue Brief IB10071, Gun Control Legislation in the 107h Congress, by
William Krouse.

Congressional Research Service

The Library of Congress

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