Universal Background Checks

NSSF FAST FACTS UNIVERSAL BACKGROUND CHECKS

an extremely low NICS denial rate. In • Universal background checks are unenforceable without mandatory 2019, the FBI’s NICS system denied registration – which is illegal under the 1986 Gun Control Act and 103,592 firearm transfers, a denial 1993 Brady Act. rate of only 0.37 percent of the over • FFLs face liability if a private sale is conducted for modified guns with 28 million NICS Firearm Background unsafe changes from factory configuration. Checks.

• Universal background checks would not address the problem of the If universal background checks main source of crime guns: the black market. were mandated, the question becomes whether criminals would REGISTRIES ARE UNLAWFUL checks would be a precursor to change their behavior and instead Currently, background checks are justify modifying current legislation choose to obtain firearms from conducted for all retail sales by to achieve the goal of knowing FFLs that require a background federally licensed firearm retailers where all the guns are. The problem check. The Centers for Disease (FFLs). That includes retail sales is that even with a firearm registry, Control and Prevention review of that occur at gun shows where a it would not stop criminals, nor the effectiveness of various firearm firearm is sold at a booth ran by reduce violent crime. Law-abiding laws published in 2003, found no the FFL or online firearm sales that citizens would register their firearms evidence this would happen. More are required to ship directly to an because they follow the law, and recently, a 2013 Justice Department FFL for a background check. The criminals would make sure to keep review of violence prevention studies only transfers remaining are private their guns off the list. According to found that even a “perfect universal firearm sales which are legal in most the latest Bureau of Justice Statistics background check system” would of the United States. The glaring (BJS) Survey of Prison Inmates, not address the largest sources of problem with universal background an estimated 287,400 prisoners crime guns.2 Further, the study found checks is they are unenforceable possessed a firearm during their that effectiveness would depend on without a mandatory national firearm offense of which they are serving “requiring gun registration”. registry. Without knowing exactly time. Of that population, “Seven who has the hundreds of millions percent had purchased it under their Additionally, evidence that a of privately-owned firearms, it is own name from a licensed firearm universal background check law impossible to control the flow of dealer.”1 Almost 80 percent of would fail to limit access to firearms private sales. inmates acquired their firearms from among prohibited populations nefarious sources. can be found in an analysis of Federally, a national firearm registry the implementation of the Brady is prohibited due to language in NO EFFECT ON CRIMINALS Act. According to a 2000 study, the 1986 Gun Control Act and the The survey also found that over there was “no evidence that Brady Act of 1993, which led to 80 percent of the state and federal implementation of the Brady Act the creation of the National Instant inmates may have been prohibited was associated with a reduction in Criminal Background Check System from buying a firearm under federal homicide rates.” (NICS) and made clear that NICS law. Considering these figures, it is cannot be used to create a firearm no surprise that criminals do not seek CONFISCATION RISK registry. Gun control advocates know to purchase firearms from licensed Ultimately, the goal of registration for that failing universal background dealers. In fact, this is confirmed by continued antigun advocates is confiscation of step in dismantling the Second violations, regardless of intent or law-abiding owners’ firearms. The Amendment and the firearm and amount, are grounds for license strategy is historically present in ammunition industry. Forcing private revocation. many countries as far back as Nazi party transactions to be processed Germany to modern day Australia, through NICS creates serious Rather than enacting an ineffective United Kingdom, Venezuela, and concerns for heavily regulated new law that would severely impact most recently, Canada. In the United firearm dealers and the increasingly the constitutionally-protected lawful States, disarming law-abiding strained NICS system. The proposed commerce of firearms and infringe citizens could be expedited by regulation puts increased liability on the Second Amendment rights registration records that pinpoint on the federally licensed firearm of law-abiding Americans, the NSSF gun owners’ locations. After dealer for selling firearms not in urges lawmakers to ensure that registration and confiscation, violent their inventory. If a private seller NICS has the proper resources to crime skyrockets for years because has made unsafe modifications to a guarantee the background check criminals know that none of their firearm, and a dealer facilitates the system is operating effectively and victims are armed. Afterall, most transfer to a private buyer, the dealer efficiently as Congress intended it to criminals get their firearms from the would certainly be caught up in a work. black market or steal them. liability suit. Additionally, there would be new regulations to account for The National Shooting Sports LIABILITY FOR FFLS firearms not already included in the Foundation, the firearm and Gun control proponents understand FFL’s records. This new regulatory ammunition industry trade that universal background checks hurdle would likely have growing association, strongly opposes any will not have a positive effect on pains for both federal agencies and measures to require universal reducing violent crime. Universal businesses. The risk is categorically background checks. background checks are the first higher for FFLs because paperwork

1 https://www.bjs.gov/content/pub/pdf/suficspi16.pdf 2 Greg Ridgeway, Ph.D., “Summary of Select Firearm Violence Prevention Strategies,” National Institute of Justice, Jan. 4, 2013.