Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, January 15, 1993 TAG: 9301150105
SECTION: VIRGINIA PAGE: B1 EDITION: METRO
SOURCE: DAVID M. POOLE STAFF WRITER
DATELINE: LENGTH: Medium
2ND GUN VIOLATION ADMITTED
Gun dealer Joseph Carlton Puckett pleaded guilty Thursday to selling a handgun at a Salem gun show without checking to see if the buyer was a criminal.But that won't stop Puckett from selling firearms - even though it was his second conviction for flouting state gun laws.
"This man ought to get out of the business," Judge G.O. Clemens said during a plea hearing in Salem Circuit Court.
Clemens acknowledged, however, that he lacked the authority to block the Rockbridge County man from selling firearms at local gun shows.
That's because state law makes it a misdemeanor for gun dealers to sell firearms without calling a state police hot line to determine if buyers are convicted felons.
Federal authorities, who license gun dealers, can take action only if a dealer has been convicted of a felony.
Legislation introduced in the 1993 General Assembly would close the loophole by making it a felony for dealers to ignore instant background checks.
"That would put them out of business," said Donna Tate, senior supervisor for the state Firearm Transactions Program.
The Governor's Commission on Violent Crime endorsed the legislation as one way to stem the flow of hundreds of handguns to drug dealers and criminals in Northeastern cities.
Tate said there is no widespread problem of Virginia gun dealers failing to conduct criminal background checks for buyers. Authorities say there have been four convictions in Western Virginia since the background check went into effect in November 1989.
Puckett, 52, can claim two of the violations. Undercover state police nabbed him at a flea market in Hillsville in September and two weeks later at a gun show at the Salem Civic Center.
Special Agent F.E. Greenway Jr. testified Thursday that he approached Puckett's booth at the Salem event and arranged to buy a 9mm handgun for $260.
Using a portable cellular phone, Puckett dialed the state police hot line and was told that Greenway did not qualify to purchase a gun.
"He told me it was probably a computer error and that I should come back in about 30 minutes," Greenway said.
When Greenway returned with three $100 bills in his hand, Puckett completed the transaction without calling the state police to verify Greenway's criminal record.
Puckett had no explanation when Salem Commonwealth's Attorney Fred King asked why he failed to make the call.
"I knew better," Puckett said, wheezing from emphysema. "I was just dumb."
King declined to recommend a jail sentence because of Puckett's poor health. But he called for a $1,000 fine to send a message to other dealers.
"Let's make the businessmen comply with the law or it's going to sting."
Clemens found Puckett guilty, fined him $1,000, handed him a 12-month suspended sentence and placed him on two years' probation. Puckett had faced a maximum of 12 months in jail and a $2,500 fine.
Clemens said he suspected that Puckett had violated the law "hundreds of times," and warned the dealer that he would serve time if he gets caught again.
"I can promise you, your honor, that it will never happen again," Puckett said.
Clemens specified that Puckett's suspended jail sentence would run consecutively with any time he serves in Carroll County, where he was convicted in October.
It was unclear whether Puckett's conviction Thursday would prompt Carroll County authorities to revoke his probation and send him to jail. Carroll Commonwealth's Attorney Gregory G. Goad could not be reached for comment.