The Mercury News

State struggles to keep illegal guns, ammunition from crossing border

- By Patrick Mcgreevy The Los Angeles Times

Ten special agents from the California Department of Justice were watching as a man walked out of the Big Reno Show and placed his purchases in his car.

The black Isuzu with California plates headed west on Interstate 80 into the Sierra Nevada, eventually crossing the Nevada state line. That’s when the California Highway Patrol pulled Vincent Huey over. Inside the vehicle, state Justice Department agents found 18 high-capacity magazines, some capable of holding 30 rounds, according to court records.

In recent years, California has enacted increasing­ly strict gun control laws. Assault rifles and ammunition magazines capable of holding more than 10 rounds are illegal to buy or import in California, but stopping their flow over the border has been a struggle. In 2018, according to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives, 3,920 guns originally purchased in Nevada and Arizona were recovered by California law enforcemen­t officers from crime scenes, confiscate­d from criminals or found unclaimed.

The problem was made clear in July when a shooting at the Gilroy Garlic Festival killed three people and wounded 17. The 19-year-old gunman used what authoritie­s say was an assault-style weapon purchased legally at a Nevada gun store.

“The importatio­n of those assault-style weapons is against California law,” state Attorney General Xavier Becerra told reporters after the Gilroy attack. “We may have progressiv­e gun laws, but if other states don’t match us, we have to rely on catching these individual­s.”

State agents for years have conducted undercover operations and arrested dozens of California­ns for bringing illegal guns and ammunition magazines into the state. But some agents have been redeployed to a program that seizes firearms from California­ns prohibited from owning them because of felony conviction­s or mental illness.

“If you have surroundin­g states that have less restrictiv­e gun laws, you are going to have importatio­n,” said Steve Lindley, the former chief of the Justice Department’s Bureau of Firearms who is now a program manager for the gun control group Brady United. “If there is no enforcemen­t going on, they can just come right across the border.”

In Northern California, Nevada County District Attorney Clifford Newell has prosecuted dozens of people for bringing illegal guns into the state.

“The real crux of the problem is that California has a 608-mile border with Nevada, shared with 12 California counties and Nevada’s gun regulation­s are less stringent,” Newell said. “People with sinister and nefarious intent will find a way into California with these weapons and accessorie­s.”

While the state Justice Department has tools to stem the flow of illegal guns — including two new laws that help track out-of-state gun and ammunition purchases — the agency is facing competing priorities, according to spokeswoma­n Bethany Lesser.

Some agents previously assigned to surveillan­ce operations at gun shows have been shifted in the last few years to efforts to reduce a large backlog in the Armed Prohibited Persons System, a list of California residents who bought guns before they were convicted of felonies or found to be severely mentally ill. The Justice Department reported in March that there were 23,222 people in the database who are prohibited from owning firearms.

Though the state makes little informatio­n available about undercover operations in neighborin­g states, records indicate that weapons purchases are still being watched despite the redeployme­nt of agents.

“DOJ continues to investigat­e informatio­n provided regarding the unlawful importatio­n of illegal firearms into California,” including with undercover investigat­ions, the Justice Department said in a statement.

Lindley said he attended this year’s Reno show as an observer for Brady United. Up to half of the cars in the parking lot, he said, had California plates, adding that undercover law enforcemen­t was also on hand.

“We cannot comment, even to confirm or deny, potential or ongoing investigat­ions or operations,” said a statement from Becerra’s office.

Scott Tarbell, the organizer of the Reno event, said he welcomed the presence of California Justice Department agents and wasn’t concerned about them scaring away potential customers.

“We invite them, but they come at their own leisure and they don’t announce anything,” Tarbell said of the agents. “The only ones they’d scare away are the ones that got no good on their mind.”

In August, a group of two dozen California lawmakers wrote a letter to their counterpar­ts in Nevada asking for a summit to discuss ways that the two states can improve gun safety and stop the importatio­n of illegal firearms into the Golden State.

Though the law requires residents who buy guns and ammunition out of state to have the items delivered to a licensed gun dealer in California and undergo a background check, Becerra said the best solution is for Congress to act on tougher national gun regulation­s.

“We can’t enforce California laws in Nevada, but if there were a national law that restricted purchase or transporta­tion of assault-style weapons, then the FBI and [Drug Enforcemen­t Administra­tion] and other federal agencies wouldn’t have to wait to start investigat­ing, as in Gilroy, after people have died and been injured,” Becerra said.

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