How To Make Universal Background Checks Enforceable

BACKGROUND

Groundwork checks are a critical tool used by law enforcement to stop prohibited purchasers from purchasing and possessing firearms. They are the foundation for many gun violence prevention policies. The 1993 Brady Human action requires that anyone wishing to buy a gun from a federally licensed firearms dealer, such every bit at a gun store, undergo a background check. The dealer must run the purchaser's basic information through the FBI'southward National Instant Criminal Groundwork Check System (NICS) to determine any prohibitions before the firearm purchase. This groundwork bank check procedure is not burdensome; in fact, 9 out of ten background checks are completed inside minutes. 1

The Brady Act has been instrumental in keeping guns out of the hands of people who may pose a threat to themselves or others. Since the passage of this human activity, over 3 meg applications have been denied because the applicant was legally prohibited from owning a gun. ii

A Unsafe LOOPHOLE IN THE BACKGROUND CHECK SYSTEM: PRIVATE SALES AND TRANSFERS

There is a dangerous loophole in the current groundwork check arrangement. The constabulary only applies to guns purchased through federally licensed firearms dealers "engaged in the concern" of selling firearms. This constabulary excludes individuals who "brand[] occasional sales, exchanges, or purchases of firearms for the enhancement of a personal drove or for a hobby, or who sell[] all or part of his personal collection of firearms."3

Persons prohibited from purchasing or possessing firearms tin can thus avert federally licensed firearms dealers, and instead choose to buy firearms through unlicensed sellers or dealers (aka "private sales"). These private sales often take place at gun shows (aka "gun show loophole") or by buyers and sellers being connected through online gun marketplaces. Many states have taken steps to shut this loophole, but federal law does non crave these individual sellers or transferors to carry simple background checks, making the Brady Act easy to thwart.

In August 2015, a 48-twelvemonth-old Texas man who spent 12 years in prison for five felony convictions and had a long history of domestic abuse convictions purchased a handgun from a private dealer online, which did non require a background check. He then proceeded to shoot and kill his ex-girlfriend and 6 of her children, including his own son. 4, 5 This loophole in the background check organisation allowed him to easily purchase a handgun despite beingness prohibited.

This private sale loophole creates an avenue for prohibited purchasers — including people bedevilled of felonies and crimes of domestic violence – to easily buy guns. Millions of people acquire guns without groundwork checks every year, and they are more likely to do and then in states that exercise not regulate private gun sales . A 2015 survey found that nearly 1 in 4 gun owners (22%) who acquired guns within the last two years did and then without a background bank check.6 People prohibited from purchasing or possessing guns often apply this loophole to commit violence. For example, one report institute that 96% of persons convicted of a violent crime who were legally prohibited from owning a gun purchased their gun from a supplier non required to acquit a groundwork check.7

Source: Miller K, Hepburn 50, & Azrael D. (2017). Firearm acquisition without groundwork checks: results of a national survey. Annals of Internal Medicine.

The growth of online gun markets, which sometimes overtly advertise that they don't require background checks, has exacerbated the private auction loophole. Information technology allows prohibited purchasers and individual sellers to purchase and sell guns anonymously over the internet within minutes, no questions asked.8 Not only does this individual market let for sales to prohibited purchasers, it allows for guns to be purchased in bulk from private sellers with zero record keeping requirements in states with weak laws and brought to states with stronger gun laws. The weaknesses inside the current groundwork check system allow a secondary, illegal firearms marketplace to thrive in cities all over the country.

Virginia: A example example of passing universal groundwork checks as the foundation for preventing gun trafficking

Guns purchased in states with weak gun laws are often trafficked to states with stronger background check requirements. Virginia has long been an example, but in 2020, lawmakers took the first steps to successfully close this unsafe loophole.

For years, gun traffickers have exploited Virginia's weak gun purchasing laws by purchasing guns in bulk and trafficking those guns to states in the Northeast with stronger gun purchasing laws. This gun trafficking road, from southern states with weak gun laws like Virginia to northern states forth Interstate 95, is known as the Atomic number 26 Pipeline. Fortunately, in 2020, Virginia lawmakers airtight the background cheque loophole past instating a universal background cheque system, helping to stem the flow of guns trafficked along the Fe Pipeline. While passing state universal background checks solitary will not address the entire trouble of inter-country gun trafficking, enquiry has plant that it reduces inter-country trafficking by 29%.Reducing Gun Violence in America: Informing Policy with Testify and Assay. The Johns Hopkins Academy Press. ">9

"I began lobbying in Virginia for gun violence prevention policies, like universal background checks, subsequently my daughter was shot and injured and 32 others were murdered in their classrooms at Virginia Tech — 13 years ago. Over the by decade, the politics around gun violence prevention have changed. The Coalition to End Gun Violence is proud to accept driven this change and are thrilled to see the near substantial gun violence prevention bills in Virginia'south history become law. Virginia'southward new universal background check police force volition stem the menstruation of gun trafficking along the Iron Pipeline, foreclose gun violence in impacted communities, and save countless lives."

— Lori Haas, Senior Director of Advancement and Virginia State Managing director

Source: ATF. (2018). Firearm Types Recovered and Traced in the United states and Territories.

PUBLIC SUPPORT FOR UNIVERSAL Background CHECKS

A number of national opinion polls demonstrate that the vast majority of Americans from all walks of life support universal background checks. For example, a 2019 Quinnipiac Academy poll establish that 94% of American voters support universal groundwork checks including xc% of gun owners. ten

MANY STATES Take AIMED TO Shut THE Individual SALE LOOPHOLE

Twelve states and the District of Columbia accept closed the private sale loophole entirely. These states take enacted universal background bank check laws requiring that every individual wishing to purchase or transfer a gun to undergo a background cheque at the indicate of sale with certain very limited exceptions.11

An additional ten states take taken steps to close the individual sale loophole in federal law but have non closed information technology entirely.12 The extent to which they close the private sale loophole varies by state. Some country background check laws just apply to sure classes of firearms (like handguns), allowing for the private transfer of other gun classes (long guns) without a groundwork cheque.13 Other states, which accept gun licensing laws, practice not crave that a groundwork cheque exist conducted at the point of transfer or auction of a firearm merely instead beforehand when an individual applies for a license to purchase and/or possess a firearm. Some states permit for the firearms to be gifted or loaned for long periods of fourth dimension without requiring a groundwork check.14

Many states have taken vital action to close the private auction loophole in federal law. These efforts are essential in continuing to button for a common-sense gun policy that keeps guns out of the easily of individuals who pose a danger to themselves or others and are prohibited from purchasing or possessing firearms.

UNIVERSAL BACKGROUND CHECKS ARE NECESSARY Just NOT SUFFICIENT TO REDUCE GUN VIOLENCE

Background checks provide the foundation for many other gun violence prevention policies by ensuring prohibited purchasers are stopped from buying guns at the point of sale. Research finds that universal background checks at the state level reduce illegal intrastate gun trafficking, which often fuels gun violence in cities.15 Country universal groundwork cheque laws besides are linked to a 29% subtract in crime guns trafficked across state lines.Reducing Gun Violence in America: Informing Policy with Evidence and Analysis. The Johns Hopkins University Press. ">xvi While these findings are promising, the impacts of state universal background cheque laws, past themselves, are limited. Recent studies take found that these laws alone are non linked to pregnant reductions in gun violence. 17 The touch on of state universal groundwork bank check laws is probable weakened past the fact that prohibited purchasers in states with strong gun laws can but travel to a country without universal groundwork checks to buy guns from a private seller, or fifty-fifty buy online. Poor implementation and inconsistent enforcement have also probable diminished the effectiveness of these laws.18 Research suggests high rates of noncompliance within states with universal background check laws. For example, a 2016 survey found that in states with universal groundwork check laws, one out of every iv individual firearm transfers were still completed without a background check.xix

A federal universal background check police force would avoid many of the pitfalls that have hindered the bear upon of state laws. If supported with adequate funding for implementation and enforcement, federal universal groundwork check laws would likely have a stronger bear on on preventing the diversion of firearms into the illegal market and in reducing firearm violence.

Ultimately, many solutions are required to terminate gun violence and universal background checks are the foundation. Testify-based policies similar extreme adventure laws, domestic violence prohibitions, licensing, and age-related buy prohibitions are all reliant on an effective background check organisation.

" Stopping gun violence requires a myriad of solutions. There is non one nib or law that will magically salve every life. Only in order for policies to be successful, we must have universal background checks. Background checks are the foundation upon which other policies must build."

- Josh Horwitz, Executive Managing director

LIFE SAVING EXEMPTION: ALLOWING TEMPORARY GUN TRANSFERS TO PREVENT SUICIDE

Research consistently notes that temporarily removing firearms from individuals during or in apprehension of a suicidal crisis makes it less likely an individual will die during a suicide attempt, as other means are less lethal. 20 If an individual is experiencing suicidality and has admission to a firearm, it is recommended to temporarily store the firearm away from the home, or at least to store the firearm locked and unloaded and in a way so that the individual at high take a chance does non accept access until the risk has subsided.21 However, universal background check laws in some states can impact the ability to hands transfer a firearm in such high-risk situations. To accost this, some states have included a specific exemption in state background cheque laws that clearly allows for temporary transfers of firearms to prevent imminent decease or cocky-impairment. 22 A articulate exemption for temporary transfers tin help mitigate any defoliation effectually the legality of temporary firearm transfers and can assistance forestall firearm suicide. 23

"Background checks are the foundation of all policies designed to keep guns away from high-take chances individuals. New and existing gun prohibitions cannot exist fully enforced without a groundwork bank check on all gun sales. "

- EFSGV organized a alphabetic character to U.South. Congress signed past thirty of the nation's leading gun violence researchers

DEFAULT PROCEEDS: THE BACKGROUND Check SYSTEM'Southward "CHARLESTON LOOPHOLE"

The current background check system on federally licensed firearm dealers is widely effective in flagging individuals who are prohibited from owning a gun. Even so, there is a loophole that allows some individuals prohibited from owning a gun to slip through the cracks. The vast majority of federal gun background checks are completed within minutes. However, in some cases, the FBI faces barriers that increase the time it takes to consummate a background check. 24 When FBI documentation is potentially incomplete or unclear, FBI investigators must track downwards state and local records to complete the background check.25 Current federal law states that if a federally licensed firearms dealer does non hear from the FBI inside three business days, the dealer can keep with the sale even though a background check on the buyer has non been completed. This is called a "default proceed" sale and is frequently referred to every bit the "Charleston loophole." 26

Similar to universal background checks, the vast majority of Americans also support addressing the Charleston Loophole. While public polling on closing the Charleston Loophole is express, a 2013 poll found that 76% of Americans, including 67% of gun owners, back up allowing law enforcement five business organization days to complete a background check.27 Besides, 80% of respondents from a 2019 poll of South Carolina residents supported closing the loophole entirely by requiring that a background check exist completed before whatever gun purchase occurs, even if the background check takes more than 3 days to consummate.28

In 2015, the default continue loophole allowed a White supremacist to buy a gun that he then used to kill nine people at a historically Black church in Charleston, South Carolina. The perpetrator was prohibited from owning a gun but the FBI was unable to collect the proper legal information from local prosecutors to complete the background check inside the three day time frame. Despite an incomplete groundwork check and an ongoing FBI investigation into the perpetrator's criminal history, the gun dealer was legally permitted to sell him the gun. 29

An analysis of FBI information found that each yr this loophole allows hundreds of thousands of people to buy guns from licensed dealers without first obtaining a background check. In 2018 alone, the FBI failed to complete 276,000 gun background checks within the three day menses, meaning that gun dealers could choose to sell guns to these individuals even though they had not completed a background check. 30

While the majority of these buyers end up eventually passing a groundwork check, thousands of guns are sold each yr to prohibited purchasers. In 2018, the FBI reported at to the lowest degree iii,960 cases where prohibited purchasers bought guns from a licensed dealer because of this loophole. At to the lowest degree 785 of these individuals were convicted of a domestic violence misdemeanor and 77 had domestic violence restraining orders filed against them.31 In recent years an increasing number of large-scale firearm dealers, like Walmart, have instituted company policy prohibiting the auction of firearms without a completed groundwork check. In role due to public pressure, these firearm dealers take voluntarily taken steps to close the Charleston loophole.32

RECOMMENDATIONS

Enact and implement a true universal background check law that requires groundwork checks on all gun sales and transfers, including private and online sales, and eliminate "default keep" sales.

Enact a truthful universal groundwork cheque law:

The Brady Handgun Violence Prevention Deed of 1994 requires federally-licensed firearm dealers to conduct background checks on every sale. However, at that place is a major loophole — the law does not require groundwork checks for sales or transfers betwixt private parties, including at gun shows and on the internet. Requiring a background check on every gun sale and transfer, including private and online sales, with certain exemptions, is critical to preventing gun violence. Universal groundwork checks are the foundation upon which all other gun violence prevention policies are built. Congress should close the loophole in federal law and require a groundwork check on every gun auction and transfer in the United States, including private and online sales. The universal background bank check law should include a specific exemption for temporary transfers to prevent imminent death or self-harm. In the absence of federal activeness, states should continue to pass their ain universal background bank check laws.

Eliminate default go on:

The majority of federal gun background checks are washed instantly. However, if the FBI cannot immediately tell if a potential gun heir-apparent is prohibited, the FBI has three business days to complete the background check. If the firearm dealer does non hear from the FBI within those days, the dealer tin sell the gun to the buyer. This is called a "default proceed" sale. Congress should shut this loophole by eliminating default proceed sales and crave that a gun background bank check must exist completed before a firearm sale tin can go along. In the absenteeism of federal activity, states should continue to eliminate default go along sales. In the absence of federal and country action, individual sellers should commit to non completing a firearm auction without receiving a completed background bank check stating that a sale may keep.

Resource

Educational Materials

Fact sheets

Closing Illegal Gun Markets: Virginia's Gun Show Loophole
CSGV-Universal Background Checks: Including Temporary Transfers to Forbid Suicide

Reports

Guns, Public Health and Mental Illness: An Evidence-based Approach for Federal Policy

July 2019 blog, Virginia policymakers must act to end gun violence
June 2019 EFSGV press release, Researchers Telephone call on Senate to Pass Universal Groundwork Checks
June 2019 EFSGV Federal Universal Background Checks Endorsement Letter of the alphabet past leading academic researchers
February 2019 CSGV printing release, Hr viii: Historic Universal Background Checks Nib Passes the House
Feb 2019 op-ed in The Hill , It'south Finally Time to Laissez passer Universal Background Checks

Research

Crifasi CK, Meyers, JS, Vernick JS, & Webster DW. (2015). Effects of changes in let-to-purchase handgun laws in Connecticut and Missouri on suicide rates. Preventive Medicine.
McCourt Advertizing, Vernick JS, Betz ME, Brandspigel SB, & Runyan CW. (2017). Temporary transfer of firearms from the home to prevent suicide, legal obstacles and recommendations . Journal of American Medicine Clan Internal Medicine.
Miller M, Hepburn L, & Azrael D. (2017). Firearm acquisition without background checks: results of a national survey . Annals of Internal Medicine.
Rudolph KE, Stuart EA, Vernick JS, & Webster DW. (2015). Association betwixt Connecticut's permit-to-purchase handgun law and homicides . American Periodical of Public Health.
Vernick, JS, Alcorn T, & Horwitz J. (2017). Groundwork checks for all gun buyers and gun violence restraining orders: state efforts to continue guns from loftier-risk persons . The Periodical of Constabulary, Medicine & Ethics ,
Vittes KA, Vernick JS, & Webster DW. (2013). Legal status and source of offenders' firearms in states with the least stringent criteria for gun ownership. Injury Prevention.
Webster DW, Vernick JS, & Bulzacchell MT. (2009). Furnishings of state-level firearm seller accountability policies on firearm trafficking. Journal of Urban Health .
Webster DW, Vernick JS , McGinty EE, & Alcorn T. (2013). "Preventing the Diversion of Guns to Criminals Through Effective Firearm Sales Laws," in Reducing Gun Violence in America: Informing Policy with Evidence and Analysis . The Johns Hopkins Academy Printing.
Wintemute GJ. (2013). "Comprehensive groundwork checks for firearm sales: show from gun shows ." in Reducing Gun Violence in America: Informing Policy with Evidence and Assay . The Johns Hopkins University Press.

Terminal updated July 2020