GUN CASES NUMEROUS IN FEDERAL COURT

Five federal court cases here this week involving former convicts with guns is typical of the number of such cases, said Larry Ferrell, assistant U.S. attorney.

Violations of federal firearms laws make up a large part of the federal court's everyday business, he said.

"These criminals create a substantial danger to the community, especially those who have been involved in violent crimes," said Ferrell.

The U.S. District Court in Cape Girardeau could prosecute more such cases, but it lacks the time and resources to do so.

Missouri's state law on gun possession by felons isn't adequate to allow county prosecutors to pick up the slack, said Morley Swingle, Cape Girardeau prosecuting attorney.

"It's almost useless," Swingle said.

Many former felons in Southeast Missouri get away with owning guns because of the weak state law and federal priorities, he said.

Missouri law states that anyone who has committed one of seven "dangerous" felony crimes cannot possess a concealable firearm for a five-year period.

"So after five years, even someone with a murder conviction can buy himself a handgun," Swingle said. "This zings us a lot."

Swingle has prepared arrest warrants for illegal gun possession many times only to realize that the person's felony conviction is 6 years old.

Loopholes exist in the state's law, he said. If a criminal robs a store, beating up the clerk with his fists, it is second-degree robbery. This is not considered a felony dangerous enough to limit rights to a gun, Swingle said.

Another weakness is the law only applies to concealable weapons, making possession of a rifle or shotgun possible.

A person charged with second-degree assault would also not be considered dangerous, since the charge is defined as causing physical injury. The crime would have to be first-degree assault, which means the loss of functions in part of the body.

"Second-degree assault would be a federal crime, but they just don't have the resources to prosecute every case," Swingle said.

It makes more sense to improve the state law, which was passed in 1981, he said.

Federal law states that anyone convicted of a felony cannot legally possess a firearm or ammunition that has traveled in interstate commerce.

The clarity of the federal statute on gun-carrying felons and Missouri's lack of large, firearms manufacturers simplifies the prosecution process, Ferrell said.

"There are almost no firearms makers in the state, so this makes it easy," he said.

The 51 licensed firearms makers in Missouri are often gunsmiths who will make custom weapons for individual clients, said Bob Mosely of the federal Alcohol, Tobacco and Firearms agency. Mosely isn't aware that any of the 51 mass produce guns.

Ferrell recalled one man who claimed that he had reloaded empty shotgun shells himself. But since the empty shells came from an out-of-state source, his defense wasn't valid.

In states with more firearms makers, proving that a gun was involved in interstate commerce can be more difficult, said Sheree Mixell, a spokeswoman for ATF.

Sometimes it comes down to showing that a trigger or another small part of a gun was manufactured out of state, she said.

In spite of federal background checks required on all firearm purchases since Nov. 30, 1998, felons can get guns in a variety of ways.

One of the easiest methods is enlisting a friend or relative to buy a gun at a store, Mixell said.

"Someone will get a girlfriend to buy the gun, and since she has no convictions, the purchase is approved," Mixell said.

About 75,000 people's names have been turned over to ATF since last year for making false statements about their criminal histories on firearms applications. Information from the applications is called in by phone to the National Instant Background Check System, a part of the FBI. Most gun buyers receive approval within a few minutes.

Some guns passed along by family members or sold secondhand are nearly impossible to trace back to an owner, Mixell said.

"We see a lot of old, old firearms that are hard to trace," she said. "They've just changed hands too many times to follow."

Veterans giving their automatic weapons to relatives is another source for felons, she said.

Gun shows and pawn shop sales remain problems, Mixell said, but numerous pieces of federal legislation have been thrown at it this year.

FELONS & FIREARMS

Felony crimes in Missouri that limit gun-possession rights of an individual:

*First-degree arson

*First-degree assault

*Forcible Rape

*Kidnapping

*Forcible Sodomy

*Second-degree murder

*First-degree robbery