May 1, 2001
Gun Dealers Replace Witches As Scourge of Communities

by Joseph P. Tartaro
Executive Editor

Most Americans have heard at least something about the 1692 witchcraft trials and executions in Salem, MA. This disgraceful episode in American history has been the subject of many books, plays, movies and television shows.

When authors revisit the perversion of law in Colonial times, they seem to be asking their audiences to learn the consequences of such misuse of public opinion and legal processes to punish people who don’t fit the popular mold.

However, it seems American journalists and politicians haven’t really learned that lesson. Or least, they are willing to forget the lesson when the question of guns arises.

A recent example of this came to light on April 11, when the Buffalo News ran a story in which a part-time federally licensed firearms dealer, who is also an elected member of the Lancaster, NY, Town Board and a full-time Buffalo firefighter was accused of the contemporary equivalent of witchcraft: gun sales.

The report began with the breathless headline, “Zarbo under fire for gun sales.” Written by News Northtowns Bureau reporter Deidre Williams, the story began as follows:

“When Richard Zarbo is not fighting fires in Buffalo, he is sitting on the Lancaster Town Board.

“And when he is not doing either, he is selling guns on the Internet.

“Big, powerful guns, military-style weapons—even one capable of piercing tanks."

Accusation by Innuendo
Notice that the lead of the story includes not just that he sells guns, but that he does so, gulp, “on the Internet.”

Then notice that they are “big, powerful guns, military-style weapons—even one capable of piercing tanks.”

Notice that at this point, there has been no mention of the fact that Zarbo is a federally licensed dealer, nor that his sales on the Internet are to other FFLs, nor to any reference that Internet sales are subject to all the same background checks and paperwork that would be required for an in-store sale.

More importantly, there is the clearly implied allegation that the man is selling the kind of “big, powerful guns” that everyone should be frightened of, and that nobody’s using the kind of tank that have armor easily pierced by some types of modern military .50-caliber ammo.

The story then begins to get into a little background, by continuing with:

“A gun enthusiast for many years, Zarbo opened a home gun shop five years ago with the town’s approval and has been buying and selling guns ever since. It is all legal and above board.

“But in recent weeks, as word spread that he added Internet sales a year ago as a way of advertisement, more local residents learned what kinds of guns Zarbo is selling. And now an uproar is brewing in the often politically volatile town.”

The kicker comes after the suggestion that while legal, such sales should not be. I’m sure that those who accused the women of 17th century Massachusetts of witchcraft, probably used a similar style.

“Fliers alerting residents to ‘assault weapons for sale in town’ were anonymously dropped in mailboxes. Outraged residents wrote letters to the weekly newspaper. Former political opponents started taking shots.

“Even two of Zarbo’s fellow Town Board members are joining the fray, questioning the legality of his business itself—regardless of whether the Internet is involved.”

Base Politics
Lancaster Town Supervisor Robert Giza, who is a Democrat—Zarbo is a Republican—is quoted as suggesting that the original town permission was for a firearms repair business, before making an anti-gun judgment.

Giza’s next quote is: “I don’t mind if someone is going to hunt or target practice or use guns for protection, but an assault rifle is for an army. (The people who buy these weapons) are not using them for hunting or sport.”

Councilman Mark A. Montour, another Democrat, agreed.

“I think for an elected official, it’s morally deficient for him to be making such sales available on the Internet here in Lancaster,” said Montour, according to The News. “If he’s selling assault rifles, I’d find it objectionable at any site, whether it’s on the Internet, his house or as a street corner vendor.”

The News story does report that Zarbo claimed his Democratic colleagues are playing politics. That he said does not repair guns and said he never planned to.

“They are lying if they say they don’t know what the permit was for. I had to show them plans, where everything was in my house and exactly what I would be doing,” he said.

According to The News story, “Documents show Zarbo applied for a special-use permit from the town in March 1996, saying he is federally licensed to buy, sell and trade rifles and shotguns, and that he wants to open a home occupation gun shop. His letter said it would be a low-volume business and that he does not trade or sell handguns.

The story goes on to report that Zarbo is one of about 2,000 federally licensed gun dealers in the entire upstate New York region, quoting James McNally, a spokesman for the Buffalo office of the Bureau of Alcohol, Tobacco and Firearms (ATF).

Five active federal licensees are in Lancaster, including Zarbo, although all are not necessarily selling guns.

No Particular Problem
Buried in the middle of the story is this clear admission: “McNally said Internet gun sales are not a particular problem to the ATF.”

One has to wonder why then the “Internet gun sales” should be considered a problem for Zarbo’s political opponents on the Town Board, or the people of Lancaster, or even The News.

The News story continued:

“Mainly, Zarbo said, he buys and sells—on the Internet and at his basement office—dealer to dealer. Last year, he sold 24 weapons (sic) using the website. Many of his customers are police officers and prison guards, he said. His offerings vary from hunting rifles and shotguns to military style ‘assault weapons,’ including some outlawed guns that are grandfathered, or protected, from a 1994 federal ban.

“Zarbo does not sell handguns because that is not where his interest lies.”

Notice that you have to bring knowledge of existing gun laws to this story as a reader, otherwise you are going to end up with the impression that Zarbo’s business is in “outlawed guns.” The guns he sells are not “protected, from a 1994 federal ban,” they are exempt. Legally, they are the same as any other firearm sold in the civilian marketplace. But that’s not the impression you get from the story.

The story continued by giving examples of the guns Zarbo has posted on his Internet site, but in terms designed to reflect the newspaper’s disapproval of guns (or witchcraft).

Salem Parallel
The News story makes it plain that Zarbo’s business (like witchcraft) is now everybody’s business. But they do include some closing comments from other members of the Town Board, as well as a final comment from Zarbo.

“Montour and Giza said they became aware of Zarbo’s gun dealing a few months ago, through fliers and word-of-mouth on the street.” The News summed up.

“Montour said he has been checking into the legality of revoking the permit ever since.

“ ‘I don’t know if we can, if it’s legally possible, but I am doing some research,’ he said.

“So is Giza, who says efforts to stop the business may be fruitless.

“ ‘Just hope the guns don’t get into the wrong hands and hurt somebody,’ he said. ‘I had hoped his clear conscience would convince him to stop selling them on his own.’

“It is unlikely Zarbo will close up shop, especially since he feels he did what was required of him by going through the proper channels in the first place.

“ ‘This is totally political,’ Zarbo said. ‘I’m not up for re-election. He (Montour) is. They are trying to dream up an issue, and they couldn’t have created one at a better time,’ ” The News concluded.