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Solutions

Background Checks on All Gun Sales

Background checks are the foundation of any comprehensive gun violence prevention strategy. Current federal law requires that background checks be conducted whenever a person attempts to buy a gun from a licensed gun dealer. This is to ensure that the buyer is not legally prohibited from having the gun. Since federal law began requiring these background checks in 1994, background checks have blocked millions of sales to people with felony convictions or other prohibiting histories.[mfn]United States Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, “Publications & Products: Background Checks for Firearm Transfers,” https://bit.ly/2F4vMYw. Data on federal- and state-level denials were obtained from the BJS reports for the years 1999–2010 and 2012–2020. Local-level denials were available and included only for the years 2012, 2014–2018, and 2020 from the BJS reports. Data for the years 2011 and 2021 were obtained by Everytown for Gun Safety from the FBI directly. Though the majority of the transactions and denials reported by the FBI and BJS are associated with a firearm sale or transfer, a small number may be for concealed-carry permits and other reasons not related to a sale or transfer.[/mfn]

Solution

Close the Charleston Loophole

Under federal law, gun purchases may move forward by default after three business days—even if a background check has not been completed.[mfn]18 U.S.C. 922(t)(1)(B)(ii).[/mfn] While more than 90 percent of federal background checks are completed in minutes,[mfn]FBI, “National Instant Criminal Background Check System 2022 Operations Report,” 2023, https://www.fbi.gov/file-repository/nics-2022-operations-report.pdf/view.[/mfn] those that take longer than three business days are four times as likely to be denied.[mfn]Everytown Research analysis of Federal Bureau of Investigation, NICS Operations Reports 2015–2019, https://bit.ly/36nWN6X. Of the 76,693 checks that were delayed past three business days and resolved within 90 days annually, 4,059 checks were later found to have resulted in illegal sales—or 5.3 percent. Each year, of the 7,732,373 checks processed by the FBI that were immediately resolved, 102,717 were denied—or 1.3 percent.[/mfn]

Solution

Disarm Hate

Guns and hate are a fatal combination. In an average year, more than 25,000 hate crimes in the US involve a firearm—69 a day.[mfn]Everytown Research analysis of the National Crime Victimization Survey (NCVS). A yearly average was developed using 12 years of the most recently available data: 2010 to 2021.[/mfn]  In parts of the US, some people convicted of hate crimes can still legally buy and have guns. Congress and state legislatures should pass laws that keep guns out of the hands of those who have been convicted of hate crimes.

Solution

Report Lost and Stolen Guns

Hundreds of thousands of guns are lost or stolen from private gun owners, gun dealers, or shipping companies every year.[mfn]ATF, “National Firearms Commerce and Trafficking Assessment (NFTCA), Volume II: Crime Gun Intelligence and Analysis—Part V: Firearm Thefts,” January 2023, https://www.atf.gov/firearms/docs/report/nfcta-volume-ii-part-v-firearm-thefts/download.[/mfn] Requiring that lost and stolen guns be reported to law enforcement deters illegal gun trafficking. The reporting of these guns allows the police to respond more quickly to gun thefts and helps them identify tracking patterns.

Solution