Every year about a week into the new year, the FBI
publishes a report covering how many NICS background
checks were performed the previous year.
And while this number doesn’t cover all gun transfers, what we do learn
from this data is the number of guns that move from gun dealers to gun owners,
which is a very accurate way of determining whether Americans are still in love
with their guns.
Gun-nut Nation has been building up expectations about
the gun industry’s recovery from the Trump slump for the past several months.
At the beginning of December, Fox News crowed that “gun background checks on
record to break record in 2019.” And when the year-end numbers came out,
the pro-gun noise machine immediately announced with unbridled joy that “2019’s count is the most since the
National Instant Criminal Background Check System began in 1998.”
Know the old line
about how figures don’t lie but liars sure can figure? What Gun-nut Nation is
saying about the health of their beloved industry based on the 2019 FBI-NICS
numbers is true, except the truth happens to hide an important detail that
completely undercuts the argument about how the gun business is alive and
well. And that detail happens to be the
fact that more than half of the FBI-NICS checks conducted each month have
nothing to do with guns actually being sold or transferred into consumer’s
hands. These non-sale checks cover issuing and renewing licenses, taking guns
out of pawn, rentals, private sales, all kinds of transactions which, if
anything, reflect the extent to which gun ownership is an increasingly
regulated activity which goes far beyond retail gun sales. If anything, the
increase in NICS checks should be seen not as a sign of gun industry health,
but of the degree to which the regulatory environment continues to grow.
What really spurred
the slight increase in December gun sales, which were 4% higher in 2019 than
what was recorded for December, 2018, was that gun makers, wholesalers and
retailers all cut prices in order to bring buyers into the stores. Right now I
can walk into a gun shop near me and buy the Smith & Wesson Shield pistol
for seventy bucks under the MSRP. That’s
a price break? That’s a price collapse.
If and when the
Democrats begin narrowing down the field of Presidential candidates looking to
grab the brass ring and the chosen candidate decides to push an aggressive
anti-gun position as part of his or her campaign, we might see a real upturn in
gun sales without the gun industry forcing the issue by cutting prices. But if
the issue of gun violence is a function not of gun ownership per se, but guns
getting into the ‘wrong’ hands, who cares how many guns are bought and sold as
long as the individuals engaging in these transactions never commit any kind of
violent behavior with their guns?
If it were only that
simple. If we only had a regulatory system which could keep the most lethal
consumer product ever developed away from individuals who are either too stupid
or too violent to behave properly with a gun. On the other hand, what do we
really mean when we talk about behaving properly or responsibly with a gun?
Aren’t we really saying that guns should only be used in ways that will negate
the possibility of injuring yourself or someone else? If that’s the case, we
have a little problem because the whole point of buying a gun like the Smith
& Wesson Shield pistol is to use it, when necessary, to hurt someone else.
One way or another,
we are going to have to face the fact that many people believe in the notion of
‘virtuous violence,’ meaning that using violence
for a good reason (e.g., self-defense) is why they buy a gun. And as long as our approach to regulating guns
allows gun makers to appeal to folks who see violence as sometimes being a good
thing, we will find ourselves looking for some kind of silver lining in the
FBI-NICS numbers each month.
This happens to be the question which at the moment appears to be driving the 2020 campaign. Even the noisemakers who are promoting Trump seem to think that he can only help himself renew the lease at 1600 Pennsylvania Avenue if he comes out with a legislative package that will at least appear to contain some kind of gun-control ideas.
Now it comes as no surprise that The [failing] New York Times is urging passage of a gun-control bill. Big frickin’ deal (to quote Trump’s use of a time-honored expletive right out of any barroom in Queens.) But when The New York Post runs a lead editorial which tells Trump to make gun control Priority Number One, that’s not just a horse of a different color, it’s a different animal altogether and shouldn’t be dismissed out of hand.
The last time I looked, the two ideas which appear to have the best chance of winding up on the President’s desk are a ‘red flag’ law, which just about everyone seems to feel will make some bit of difference to controlling the carnage even though no doubt there will be the usual whining about giving the courts the ability to ‘steamroll’ the Bill of Rights.
The other band-aid to be put on the gun problem will probably be what is referred to as ‘universal background checks,’ which means more work for the FBI-NICS examiners in West Virginia, more complaining by the ATF about how they don’t have the resources to go after everyone who fails a background check now, never mind the many millions of people who will fail the check when every gun transfer has to first be approved.
Both of these bills, however, will help satisfy what has always been the guiding narrative of the gun-control movement, namely, keeping guns out of the ‘wrong hands.’ Now many of these ‘wrong hands’ belong to individuals who couldn’t pass a background check if their lives depended on it. Other ‘wrong hands’ are connected to the arms of people who wake up one morning and go wandering around town with an AR-15, telling everyone they bump into that last night the Martians really did land at Area 51. The latter bunch will be hauled into some courtroom and learn that in the interests of both public and personal safety, a red flag is waving and they can go home without their gun.
With all due respect to my friends in both the Gun-nut and Gun-control Nations who are considering whether to support these ideas, I just want to point out a little problem with this approach. According to the FBI, somewhere around 40% of all gun homicides are committed by individuals who can’t have legal access to a handgun of any kind for the simple reason that they have not yet attained the age of 21. Buy an AR? Yep. Buy a Glock? Federal law says no siree.
When Marvin Wolfgang studied homicides in Philadelphia committed in Philadelphia between 1948 and 1952, it turned out that roughly 20% of nearly 600 murders were committed by individuals under age 25. And only one-third of them ended someone else’s life by using a gun. Now we have a younger population doing more of the murders each year and two-thirds commit these fatal assaults by using a gun.
I’m not against either comprehensive background checks or red flags, not one bit. I just hope everyone realizes that the problems that may be solved by these laws are jjust the beginning of ending gun violence, not the end.
Now that all 125 Democrats who have decided to run against Sleazy Don in 2020 have announced their support of universal background checks (UBC), I think it’s finally time to ask what would happen to gun violence rates if everyone in America had to undergo a background check every time they either received or gave away a gun. After all, why bother to go through the whole hassle of a big legislative fight unless we can show that the UBC would make a difference, right? So here goes.
There are currently 11 states which require UBC: CA, CO, CT, DE, NV, NJ, NY, OR, RI, VT, WA. Together these states currently count a total population slightly under 95 million, of whom 57 million live in California and New York. Some of these states, like New York and New Jersey, have for a long time required UBC for handgun purchases, others just implemented UBC in the last several years. But if we take these states in the aggregate and compare gun-violence rates between 2014 and 2017 (the latest year for CDC data) we get a pretty representative picture of the impact of universal UBC in these 11 states.
The picture looks like this. In 2014, these states had an aggregate
gun-violence rate of 7.4; i.e., for every hundred thousand residents, there
were 7.4 intentional fatal gun injuries: homicide, suicide and individuals shot
by cops. In 2017, the rate was 7.8. The national rates were significantly higher
– 10.31 and 11.96. Obviously, the
increase in national gun-violence rates would have been higher if we only
looked at states that don’t have UCB.
Louisiana, for example, has jumped from 18.71 to 20.09. Alabama has gone up from 16.05 to 22.30. Alaska, 18.46 to 22.98. Montana, 16.47, 22.85. In states like Montana and Alaska, the increase is driven by gun suicides, in Alabama and Louisiana it’s homicide. One could therefore argue that while UBC has not driven down the gun-violence rates, perhaps it has kept the increase from being larger than it otherwise might be.
You can argue all you want one way or the other, but
folks, let me break it to you gently, okay?
Until and unless we develop a system that allows us to analyze not only
the geography of gun violence, but the circumstances which result in guns
getting into the hands of the 145,146 individuals who committed intentional
fatal gun injuries between 2014 and 2017, the correlation between gun violence
rates and presence or absence of UCB doesn’t explain anything at all.
We have endless studies which show that gun violence which occurs in UBC states results from guns brought into those states from other states where UBC doesn’t exist. But there is not one, single study which has been done or could be done which shows how those guns got from State A to State B. Are these guns stolen? Are these guns trafficked after a straw sale? We don’t know. We also have no idea how many guns would continue to float around even if UBC became law of the land.
Know why UBC is always promoted as the first, legislative response to gun violence if the 2020 election results give the blue team the upper hand? Because survey after survey indicates that all those meanies who own all those guns are also in favor of UBC. Maybe I’m just a little bit old fashioned, maybe my advocacy experiences reflect what happened during the Viet Nam war. But I didn’t believe then and I don’t believe now that advocacy should rest on what public opinion says. I always thought that advocacy should set the terms of debate, not be based on what the debaters say.
The only way we will make a significant response to gun
violence is to create a national gun registry so that we will be able to track
the ownership and use of every gun. Oh my God! We can’t do that – it’s a
violation of the 2nd Amendment!
Last week three ‘experts’ on gun violence – Morall,
Stewart, Webster – unanimously condemned the idea of creating a national gun
registry to help control guns. In fact, these same three individuals have also
supported comprehensive background checks (CBC),
which would eventually create a national gun registry whether these experts
know it or not.
Here’s how. Every firearm in a gun shop is listed in
the shop’s Acquisition & Disposition book, known as the A&D. When a gun
comes into a shop, the gun dealer makes an entry in the Acquisition side of the
A&D book which shows where the gun came from, along with the make, caliber
and serial number of the gun. When that gun leaves the shop because it’s been
sold, the dealer then fills in the Disposition side of the book, identifying
the new owner of that gun. Before the Disposition information is entered, a
4473 FBI-NICS background check form
is also filled out, and is linked numerically to the relevant entry in the
Why will they know it? The ATF owns every, single
collection of 4473 forms and every, single A&D book located in every gun
shop in the United States. If H.R. 8 becomes law, then over time the whereabouts
of every gun that has been transferred to anyone after the law goes into effect
will be known by the ATF.
In the ‘olden’ days, a.k.a. pre-internet days, gun
dealers kept their A&D book by hand. Now virtually every dealer maintains
his inventory on disc, and the agency encourages dealers to digitalize their
data because it makes it easier for the ATF agents to conduct an inspection
without having to stand there and read through every page of the A&D. Incidentally,
the idea that the ATF has been ‘handcuffed’
since 1998 because they can only do a trace of the initial sale of a gun
happens to be a big, fat lie. If someone walks out of a gun shop with a piece
and gives or sells it to someone else, obviously the movement of that gun from
one pair of hands to another won’t be known. But walk into any gun shop and you’ll
discover that upwards of 40% of the inventory consists of used guns.
that was originally sold by that shop may end up being re-sold multiple times
by that shop or other gun shops nearby. Every single one of those sales can be
traced by the ATF. Why don’t they do it? Because they’re lazy and dumb. The ATF still sends out trace requests to
dealers through manual fax. They haven’t heard of emails or online fax? Oh no, not those guys who are now complaining
that taking away regulating
tobacco is nothing more than a bunch of bureaucrats trying to protect their
saying that by creating a virtual network of all gun shops that we would then
have a national registry of guns in the strict sense of the word. What we would
have is the ability to do a much greater and more effective tracing process
which would only become even more effective if CBC at some point became law. Given the average age of the
gun-owning population and the continued weakness of sales, every year more gun owners
are being subtracted for natural reasons from the gun-owning population than
the number of new owners who appear. Which means that all the guns that are in
the hands of Gun-nut Nation would also end up requiring a CBC transfer and thus would become data that could be easily
accessed by the ATF.
including those three experts on last week’s Congressional panel who disavowed
a national gun registry know full well that the reason we have much higher
levels of gun violence than any other country in the OECD is because the government doesn’t know who owns the guns. I’m
suggesting there’s a very simple way to make a huge dent in this knowledge gap,
which would only take a modest degree of initiative that the ATF evidently lacks.
Prior to 1968, most adults in the United States could purchase a firearm without state interference. Guns were available in local retail stores, as well as mail-order catalogs, and as long as you hadn’t been convicted of a felony and you had the funds, there weren’t any questions asked.
Although many people hold a strong opinion for and against gun background checks, they’ve proven to be an integral part of the state’s gun control apparatus – and they don’t appear to be leaving anytime soon.
Since background checks are such a requirement for today’s gun enthusiasts, it’s important for gun owners (and those who may someday be gun owners) to understand everything they can, including how the current system works and how it came to be.
The History of Gun Background Checks in the U.S.
The history of background checks for gun purchases reaches back to the first restrictions placed on individuals trying to purchase firearms. Here in the U.S., this occured after the Civil War, when several southern states adopted “Black Codes,” which replaced the prior slave codes and worked to suppress the freedoms of black Americans. Among other restrictions, the Black Codes forbade African-Americans from owning firearms.
The Federal Firearms Act of 1938 began restricting the sales of firearms, requiring those in the business of selling firearms to purchase a Federal Firearms License (FFL) and maintain a list of persons who purchased firearms, including their name and address. The Firearms Act of 1938 also listed convicted felons as the first prohibited persons – who are not allowed, by law, to own, purchase, or possess firearms.
And then something happened that would forever change American history. Six days before Thanksgiving, on November 22, 1963, President John F. Kennedy was assassinated by Lee Harvey Oswald using a Mannlicher-Carcano rifle purchased from a mail-order catalog. The Kennedy assassination led to the Gun Control Act of 1968, which was specifically intended to keep “firearms out of the hands of those not legally entitled to possess them because of age, criminal background, or incompetence.”
Through the Gun Control Act of 1968, the federal government placed restrictions on the sale of firearms across state lines and expanded the prohibited persons who were not allowed to purchase or possess firearms. Under the new law, gun purchases became illegal for those who were:
Convicted of a non-business-related felony
Found to be mentally incompetent
Users of illegal substances
To determine this information, those who wished to purchase a firearm from an FFL had to complete a questionnaire of yes/no questions such as “Are you a convicted felon?” and “Are you a fugitive from justice?” Although these questions needed to be answered, they did not require verification from the gun seller.
In 1972, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) was formed as a way to help control the illegal sales and use of firearms.
In March of 1981, the assassination attempt of President Ronald Reagan led to further gun legislation with the Brady Handgun Violence Prevention Act of 1993, which amended the Gun Control Act of 1968 to now require background checks for the purchase of firearms from a retailer. The Brady Act, as it’s known today, also led to the development of the National Instant Criminal Background Check System (NICS), which launched in 1998, and is the current law on background checks for gun purchases in the U.S.
The National Instant Criminal Background Check System
The National Instant Criminal Background Check System (NICS) was mandated by the Brady Handgun Violence Prevention Act of 1993, and was launched by the FBI on November 30, 1998. The NICS is used by FFLs to check the eligibility of those who wish to purchase firearms.
Located at the FBI’s Criminal Justice Information Services Division in Clarksburg, West Virginia, the NICS is currently used by 30 states and five districts, as well as the District of Columbia, to check the backgrounds of those who wish to purchase firearms. Those states that opt not to use the NICS have their own point of contact (POC) to complete background checks.
The NICS applies a person’s identifying characteristics, including name and date of birth, to its own index, as well as the National Crime Information Center (NCIC) database and the Interstate Identification Index. These systems compare the intended purchaser’s demographic information against the national databases to see if they match someone deemed a prohibited person. Prohibited persons include those who are or were:
Convicted of a crime punishable by imprisonment for a year or more
Fugitives from justice
A user of or addicted to a controlled substance
Adjudicated as a mental defective or been committed to a mental health institution
Aliens admitted to the U.S. under a nonimmigrant visa
Discharged from the U.S. Armed Forces under dishonorable conditions
Renounced their citizenship to the U.S.
Subject to a court order that restrains their interactions with an intimate partner or child
Convicted of domestic violence
Since its conception, NICS has completed over 300 million background checks and has issued more than 1.3 million denials. The NICS is available 17 hours a day, seven days a week, except for Christmas Day.
How Do Background Checks Work?
When you visit a gun store and attempt to purchase a firearm, you must complete a Firearm Transaction Record, or ATF Form 4473 – which requires the intended purchaser’s name, address, and birthdate. The form also requires a government-issued photo ID and asks questions regarding the individual’s appearance, including height and weight.
Once the form’s completed, the gun seller can either call the 1-800 number for NICS or use the online system to run the background check. In over 90 percent of the cases, the results are almost immediate, with the system either approving, delaying, or denying the purchase within minutes.
With an approval, the sale can immediately proceed as planned with you purchasing the firearm. If there is a delay, the NICS and FBI investigate the inquiry over the next three days. If the FFL does not hear anything within that time period or if a determination cannot be made, then the retailer can, but does not have to, continue with the firearm transfer. When this occurs, it’s often referred to as a “default proceed” sale.
When a denial is made, which occurs in only about 2 percent of background checks, the retailer is unable to sell or transfer the firearm to the individual in question. You must submit a request to the NICS to receive the reason for your denial, the most common of which is a history of a felony conviction.
If you believe you were given an erroneous denial, you can appeal the decision by completing a Voluntary Appeal File (VAF), which can be done online or by mailing your request to the FBI. Along with the VAF application, you will also need to be fingerprinted to move forward with the appeal process.
When is a Background Check Needed to Purchase a Gun?
A background check is necessary any time you purchase a gun from a retail provider, which is defined as someone conducting business in the sale of firearms. These sellers must have a Federal Firearms License (FFL) and are legally mandated to complete a background check for every firearm sold to a non-licensed individual.
It doesn’t matter if you purchase the firearm in a brick-and-mortar store, a gun show, online, or through a magazine – if the seller is a retailer provider (i.e. has an FFL), then the background check must occur.
When is a Background Check Not Needed to Purchase a Gun?
Under federal law, any adult can sell a personally owned firearm to another adult in the same state as long as you know, to the best of your ability, that they’re allowed to own a firearm.
Private sellers aren’t required to ask for identification, they don’t have to complete any forms, nor keep any records of the transaction. What’s more, federal law does not mandate a background check to purchase a firearm from a private seller. This includes buying a gun from a relative, a neighbor, or a friend.
Although federal law does not demand a background check for the private sale of firearms, some states do require a background check.
If you inherit or are gifted a firearm, you don’t need a background check.
Do Gun Background Checks Differ By State?
Thirty states, five districts, and D.C. all rely solely on the NICS for gun background checks. The following 13 states use their own full point of contact (POC) data system for gun background checks and do not use the FBI’s system:
Some states, namely Maryland, New Hampshire, Washington, and Wisconsin, use NICS for long guns, but a state program for background checks on handguns. Iowa, Nebraska, and North Carolina use NICS, but have a partial POC for background checks in relation to handgun permits.
Many of these states have added their own provisions to their background checks, on top of what federal law mandates. In most cases, they also include looking at state and local records to determine if the person in question should or should not be allowed to own a firearm.
Some states have implemented universal background checks via an FFL, even during a private gun sale. While Maryland and Pennsylvania require background checks for all handgun transfers, regardless of retail or private sale, the following states require a background check for all firearm transfers:
District of Columbia
In addition, some states require permits to purchase firearms. Hawaii, Illinois, and Massachusetts require a permit for all gun purchases, while Iowa, Michigan, Nebraska, and North Carolina require a permit for purchasing a handgun. These permits often require their own background check as well.
It should be noted that although these laws exist in Nebraska, they’re not currently being enforced, but are expected to be by January of 2020.
But Isn’t There a Gun Show Loophole?
There is no gun show loophole when it comes to background checks for gun purchases. The law clearly states that if you purchase a firearm from a person with an FFL, a background check must occur. If you purchase a gun from a private seller, you don’t need a background check. These same two principles apply whether you’re at a gun show or not.
So if you purchase a firearm from a gun seller with an FFL at a gun show, you will need to complete Form 4473 and have a background check. Under federal law, if you purchase a gun from a private seller at a gun show, you don’t need to have a background check. Your state laws may differ.
Of the average 4,000 gun shows in the U.S. each year, it’s estimated that 50 to 75 percent of vendors have an FFL, and therefore require purchasers of firearms to complete background checks. But that doesn’t mean that 25 to 50 percent of vendors are private sellers of firearms – many of these are vendors that sell gun paraphernalia. Gun shows are filled with vendors who sell everything from t-shirts and ball caps to holsters and concealed carry gear, and it’s these sellers that make up the majority of the remaining non-licensed vendors.
Are there private gun sellers at gun shows? Absolutely. But the idea that criminals are flocking to gun shows to illegally purchase firearms is untrue. In a report by the Bureau of Justice Statistics, only 0.7 percent of convicted criminals purchased their firearms at gun shows.
Have Background Checks Stopped Gun Violence and Crimes?
The research on the effectiveness of background checks to stop gun violence shows conflicting evidence. In an October 2018 published studycompleted by U.S. Davis and Johns Hopkins Bloomberg School of Public Health, in the 10 years following California’s comprehensive background checks, the number of gun homicides and suicides were not impacted. In a similar study published in July of the same year, gun violence did not increase with the repeal of comprehensive background checks.
Yet other studies show that background checks do reduce violence. A 2015 study found that requiring Connecticut handgun owners to go through a background check led to a 40-percent decline in gun homicides and suicides over a 10-year period.
This contradicting research shows that the problem of criminals getting their hands on guns can’t be stopped by mere background checks. According to the Department of Justice Special Report on Firearm Violence, 77 percent of state prisoners associated with firearm crimes received their firearm through:
On the street
Family or friends
Not one of these criminals would have been affected by background checks, universal or otherwise. After all, most criminals don’t feel obligated to use legal means to obtain their firearms since they’ve either broken laws previously or plan to do so.
Beyond theft and the black market, criminals also use straw purchases, which are illegal, to get their hands on firearms. Straw purchasers are people who can pass a background check and intentionally purchase firearms for criminals. The San Bernardino terrorists used a straw purchaser to get the firearms they used to kill 14 people in the 2015 mass shooting.
Background checks for gun purchases often become a talking point after these types of events, but those who partake in this terroristic activity often don’t have criminal histories that would flag a background check. For instance, the Virginia Tech madman legally purchased a gun at a Virginia-based FFL and passed his background check before using it to shoot fellow students.
And then there’s the fact that sometimes the background check system fails. NICS is not a 100-percent absolute system, and time has shown that gun background checks can only be as reliable as the records they contain. Devin Kelley, the Texas Church madman, was prohibited by law to own or purchase a firearm because of a domestic violence conviction while in the Air Force. Yet Kelley purchased four firearms between 2014 and 2017, completing Form 4473 and being approved each time by NICS.
In this case, the Air Force failed to report the court marshall to the FBI’s National Crime Information Center, which the NICS relies on for information. So, again, the system is only as good as the information it contains.
(It’s also worth pointing out that Kelley’s murderous rampage was stopped by a private citizen, a plumber named Stephen Willeford, who legally owned an AR-15. Kelley was shot in the leg and torso by Willeford, stopping him from murdering more people inside that church before the police could arrive.)
And whereas sometimes the system which gun background checks rely upon is incomplete, in other instances it produces false positives. In other words law-abiding citizens get incorrectly matched by NICS or their respective state-level POC data system with criminals who have similar names. And if that happens to you, then you could be denied your right to own a gun because of a bureaucratic error. Estimates from the Crime Prevention Research Center pointed to 93 percent of initial NICS denials turning out as false positives in 2009 with similar estimates in 2010. (The Obama administration quit reporting these statistics after 2010.) Yes, individuals can appeal this denial and restore their gun rights, but dealing with bureacracy can be an expensive hassle.
The myriad of issues with NICS is why the National Shooting Sports Foundation (NSSF), a trade association representing the firearms industry, launched FixNICS.org in 2013. It is also why the NSSF publishes a yearly ranking of the states based on the number of mental health records they provide relative to their population – to encourage the states to comply with existing federal law, and submit any and all records establishing an individual as a prohibited person to the FBI’s databases. Their goal is to improve the existing system for everyone so that gun background checks are more accurate and complete.
Whether you like them or not, background checks are here to stay for gun owners and gun purchasers – but they are not the saving grace that some make them out to be. Background checks for gun purchases can only do so much and are not the permanent solution to keeping guns out of the hands of criminals and keeping Americans safe from gun violence. More concerning is that they give the state an ever-growing list of private citizens who own guns, and such a list has historically been used for subsequent gun confiscation attempts.
Not only did the new House majority pass one gun-control law, they passed two! And while there’s certainly no guarantee that the Senate will take up consideration off either measure, the momentum is clearly building for some kind of legislative response to the continued gun-violence blood-bath that Americans seem to enjoy. These two measures mark the first time that any gun legislation has been voted up by either House of Congress since 1994.
The first bill, which I wrote
about last week, mandated background checks for just about all kinds of gun
transfers. The second
bill, H. R. 1112, addresses what has been referred to as the Charleston ‘loophole’
in the background check process, because had it been closed prior to 2015,
perhaps Dylann Roof might not have been able to buy the gun which he used to
kill 9 parishoners in the Charleston Emanuel African Methodist Episcopal
The so-called loophole basically allows a gun dealer to complete a sale and transfer the weapon if the FBI doesn’t finalize the background check within three business days. In fact, there are now 18 states which give law-enforcement additional time to complete a background check, but since the NICS system went live, a total of almost 63,000 guns have ended up in the hands of individuals who ultimately failed the check and shouldn’t have gotten their guns.
What the new law does is extends the review period from 3 to 10 days, and if no response has been received by the latter date, the gun can be released. But, and this is an interesting but which somehow escaped most of the summaries about the bill, in order for the release of the gun to occur, the buyer must notify the FBI that he or she has the right to own a gun and is petitioning that the weapon in question be released. This follow-up by the dealer only occur after 10 days have passed since the initial background check request was made and the transaction put on hold.
In other words, if I want to buy a gun and the initial background check provokes a three-day delay, I am not getting that gun until at least 10 days have passed from the date of the first background check and I now may have to wait another 10 days before the dealer gives me my gun. Obviously, the point of the law is to give the FBI more time to investigate the background of someone whose name registers a red flag in one of the databases the FBI utilizes to conduct NICS checks.
The law also contains the usual blah, blah, blah and blah about how the FBI has to issue an annual report detailing how many petitions they receive for delayed transfers and the disposition of same. Of course there’s no penalty if the FBI just happens to forget to issue this report which means it may get issued, it may not.
I recall several instances in my shop when I released a gun after not hearing from the FBI within the three business days following a delayed NICS check and then the FBI notified me that the transfer should not have gone through. I was told to immediately notify the ATF so that they could send an agent out to pick up the gun.
Know what the ATF did? Nothing. And the reason I know they didn’t do anything was because if the transaction was legally void, the gun should have been returned to me and the customer’s money would have been returned to him. Whenever I hear the ATF or the FBI crowing about how their vaunted background check system keeps the ‘bad guys’ from getting guns, I think about the guns which shouldn’t have left my shop and are still floating somewhere around.
Think the ATF would ever publish a report on how many guns they have picked up that shouldn’t have been allowed into the street? Don’t hold your breath.
There used to be a joke in the gun business which went like this: “Want to make a million in the gun business? Start with two million.” Well, the FBI has just released the monthly NICS background-check numbers for September, and if things keep going the way they are going, the old joke will have to say that if you want to end up with a million bucks from guns, better start with three million, or even more.
Yea, yea, I know that FBI-NICS checks only count the initial sale of a gun, except that since most gun shops have an inventory which consists of at least 30% used guns, the background check number each month is a very good indicator of the overall trends within the gun industry. And lately, the trend has been going down.
September is a benchmark month for the gun business, because guns have never been able to compete with the beach. The only reason I kept my gun shop open in July and August is because the air-conditioning system worked better in my store than it did at home. But come Labor Day, those boring beach vacations are over, the kids are back in school, the leaves in northern states are just beginning to turn, and the hunting season is in the air. And don’t for one moment believe that hunting is no longer a key activity for driving gun sales. Even if a majority of gun owners claim that their primary reason for having a gun is self-defense, there is still something about Fall weather that translates into an interest in guns.
My point is that September gun sales always show a significant increase compared to the prior month. But if we compare September background checks this year to background checks in the month of September in previous years, the decline of the industry becomes very clear.
The NICS checks cover four separate categories: handguns, long guns, ‘other’ guns and ‘multiple’ sales. The first two categories are self-explanatory; ‘other’ guns refer usually refer to a receiver without a barrel, which is often how AR-15 rifle kits are sold – it’s still a gun because the receiver is serialized but it might be a handgun or a long gun, depending on what length barrel is then attached. Multiple guns means that the purchaser bought more than one gun; he could have bought two, he could have bought ten. In doing my numbers for this column, I’m assuming that ‘multiple’ equals two.
So here we go. Last month NICS background checks for gun transfers from dealers to customers totaled 869,636. A year earlier the total was 957,597. Ready? In 2016 the September number was 1,100,334. That’s a two-year drop of 20 percent. Want to find the last year that September NICS numbers were under 900,000? You have to go back to 2011, which was before Sandy Hook put gun control on Obama’s brain.
Given the fact that I’m a yellow-dog Democrat what I am now going to say may sound like it shouldn’t be said, but from the point of view of reducing gun violence, I’m not sure that what we need in November is a blue wave. Because the truth is that unless the Hill goes blue and Sleazy Don decides to shove Wayne Lapierre under a bus in order to make a deal with the Democrats for something he really needs, I’m willing to bet that the slide in gun sales over the last two years may well continue at least until the next Presidential year, by which time NICS numbers could be almost half of what was registered during the Obama regime.
And when all is really said and done, you can talk about armed, self-defense and terrorism and all that other stuff, but an industry that is selling half as many products as it did ten years earlier, is an industry that will begin to look like…remember something called pay phones?
This may come as a rather rude shock to many of my Gun-control Nation friends, but I am increasingly convinced that the best thing which could have ever happened to the folks who want to see an end to gun violence was the election of Sleazy Don Trump. The reason I say that is because the pro-gun noisemakers had a field day when they were behaving like attack dogs against the so-called Obama regime. But now the Red Team offense is being forced to play defense and things are no longer what they seemed.
To begin with, gun sales are in the toilet, there’s simply no other way to describe what’s going on. Want to buy a new, brand-name AR? It used to set you back $700 and change to get one from DPMS, now the asking piece is down around $400 bucks. One of the guns which the kids love to carry around in the street, the Kel-Tec 9, is running around two Franklins; it used to cost three.
Here are some interesting numbers: 1,186,000 – 903,000 – 839,000. Those are the FBI-NICS handgun and long gun background checks for August 2016, 2017 and this past month. That’s a month-to-month drop of 30 percent. We used to have a joke in the gun business that if you wanted to make a million, start with two million. Guess what? It’s all of a sudden not such a joke.
And last but not least, we have the boys in Fairfax, who all of a sudden find their membership dues dwindling away, with a decline from $163 million in 2016 to $128 million last year. And since annual dues are now $40 and a certain percentage of members paid a one-time Life Member fee at some point in the past, there is simply no way that America’s ‘first civil rights organization’ has 5 million members, or even 4 million dues-paying souls.
Although we won’t really know how this will play out until November 6th, what may be giving the real impetus to the decline in the fortunes of Gun-nut Nation may be the degree to which the narrative promoting a lessening of interest in guns and shooting is clearly strengthened by the opposition to Sleazy Don Trump. No matter what my gun-grabbing friends may believe, Brett Kavanaugh’s comments about assault rifles during his confirmation hearing was straight out of the standard, Republican playbook on how and why assault rifles are nothing other than a legal type of gun.
And before everyone in Gun-control Nation goes ape over adding another pro-gun conservative to the Supreme Court, let’s not forget that it was a conservative Supreme Court which refused to overturn the AR ban enacted by Highland Park. And the Highland Park law wasn’t one of those grandfather deals like the 1994 assault weapons ban; the law said that either you got rid of your AR or you got out of town. And by the way, the SCOTUS upheld the Highland Park ban by a vote of 6 – 2, not some kind of 5 – 4 ‘thank you Justice Kennedy’ swing vote.
Don’t get me wrong, okay? I’m no friend of the Federalist Society and if Kavanaugh turns out to be a drunk, a liar, a serial abuser or all three, he can do us all a favor, pack up and disappear. Or better yet, his Republican sponsors can tell him to go take a hike in Rock Creek Park.
But let’s make one thing very clear. You could have nine Supreme Court justices with the temperament and political savvy of my personal hero – Ruthie B. Ginsburg – and such an alignment wouldn’t change the reality of gun violence one, tiny bit. We didn’t get to the point where 125,000+ gun injuries each year have become the norm because the Supreme Court is tilted this way or that. And my gun-control friends shouldn’t lull themselves into thinking that opposing Kavanaugh (or opposing Sleazy Don, for that matter) represents a victory for what is referred to as ‘gun sense.’ Because at the end of the day, the guns are still out there….
Last week I posted a detailed paper on the Social Science Research Network in which I examined the arguments made by public health researchers and gun-control advocacy groups about the relationship between gun laws and gun violence; i.e., the stronger and more comprehensive the gun-control laws, the more gun violence goes down.
You can download and read the paper here, but I can save you some time by summarizing what I said. In brief, the point I made about the more gun laws = less gun violence is that the causal relationship between these two factors is vague, at best, and the way in which Brady and Giffords go about defining and judging the efficacy of different laws leaves some pretty big gaps.
The problem with trying to figure out whether any particular law will have any particular effect is that the only way to come up with a reasonably-accurate analysis is to compare the relevant behavior both before and after the law is passed. But even studies which compare before-and-after behavior on what would appear to be a simple issue like speed limits and accident rates, often cannot take into account all the myriad social factors which affect a certain type of behavior beyond the existence or non-existence of a certain law. And if we know one thing about the behavior which produces gun violence, or any kind of violence for that matter, the origins, incidence and reasons for this behavior are terribly complicated and not given to any kind of simple or single cause.
On the other hand, for the first time we finally can look at the effects of a major change in gun laws, not just in terms of whether the new law made any real difference in gun violence rates, but whether the legal change met the expectations and claims of the advocate community which pushed for the change. I am referring to requiring FBI-NICS background checks for all gun transfers, which is probably Gun-control Nation’s single, most cherished goal, particularly because it happens to be the gun law where even gun owners appear to be falling into line; a recent public health survey found that more than 80% of both gun owners and non-gun owners agreed that comprehensive FBI-NICS checks were a good thing.
According to Brady, only 7 states currently impose comprehensive background checks on all gun sales. But four of these states – Colorado, Delaware, New York, Washington – passed their laws after the unspeakable tragedy at Newtown-Sandy Hook. As of 2014, all four states required that any change in the ownership of any kind of gun had to be validated by the intervention of a gun dealer who would initiate a background check. None of these states had a comprehensive background check law prior to 2014.
And here are the results by state, gun-violence rate and two years prior and two years after passage of a comprehensive background check law:
Note that New York was the only state which showed a decline in gun violence after a comprehensive law was passed, but this anomaly is probably explained by the aggressive, anti-gun program of the New York City cops. In Erie County, which includes Buffalo, the 2013 gun-violence rate was 4.1, it then dipped in 2015 to 3.88, but in 2016 went back to 4.1.
In a recent study that attempted to differentiate the impact of comprehensive background checks (CBC), as opposed to CBC which also required specific licensing for each gun sale (permit to purchase or PTP), researchers found “no benefit of a CBC system without a PTP law.” But what if comprehensive background checks, rather than yielding no result, actually coincide with a significant increase in gun-violence rates? Oops! That’s not what gun-control laws are supposed to do. Not at all.
Back in February 2017, the first full month after Trump took the oath, the gun industry looked at sales numbers and began to complain. On the one, Trump’s electoral surprise meant that gun makers didn’t have to worry about Hillary’s nefarious gun-control plans; on the other hand, with a pro-gun guy now running the show, fears about not being able to buy guys would subside and gun sales would also go down.
And make no mistake about it, the heady days of the all-time gun-grabber Obama were now in the past. FBI-NICS background checks for February 2016 were 1,380,520 for all guns; background check numbers for February 2017 registered 1,199,692, a drop of 13%. And between tax refunds, some cash for ploughing and a left-over bundle from X-mas gifts, February has always been a good month for buying guns.
But what about the rest of the year and the years to come? There’s a reason why Smith & Wesson’s stock price was over $20 a share when Trump was inaugurated and is selling for around half that price right now. The reason is the same reason that has always dominated the ups and downs of the gun market, namely, that most people who buy guns already own guns, and without new customers the sale of any consumer product will be largely influenced by whether current owners of that product believe they can continue to buy and own more of what they already have.
I have been in the gun business, one way or another, for more than 50 years. And I have never met a single gun owner who only owned one gun. Maybe ‘never’ is too strong a word because there are certainly lots of households which contain a gun only because it belonged to grandpa and when he passed on, the gun represented some kind of family icon so nobody wanted to throw it out. But according to recent surveys, the average gun owner has 3 or 4 bangers lying round the house, and somewhere around 7 million gun nuts own, on average, 17 guns each. Right now I personally have somewhere around 60 guns within easy reach, which I don’t think is ant big deal. I knew a guy whose house contained at least 300 guns and I suspect that by now he’s added maybe 50 more.
Why in God’s name would I need to own 60 guns? You think my wife doesn’t own at least 50 pairs of shoes? But a gun isn’t like a pair of shoes, right? You can’t kill someone with a shoe. So what. What’s one thing got to do with the other? Nothing, that’s what. Anyway, to get back to the gun business.
Using FBI-NICS checks as a proxy, gun sales in 2018 are running about 13% below 2017. There was a spike shortly after Las Vegas, which pushed up 2017 numbers, and another spike after Parkland, which did the same thing for 2018. But this graph showing monthly background checks for handguns clearly indicates that the Trump bloom is off the Obama rose.
On the other hand, more than 3,750,000 handguns have moved between dealers and customers from January 1, 2017 through June 30 of this year, and if the estimates on the number of Americans who own guns is correct, then it may be the case that one out of every ten gun owners added an additional handgun to their collections over the past 18 months.
The point is that even though the gun industry depends for its existence on the same group of buyers buying more guns, the good news is that, by and large, gun owners still want to keep, own and buy guns. Which is why Gun-control Nation still has to figure out how to convince gun owners that they would be better off without their guns. Because as long as gun owners want their personal gun collections to get bigger, the gun industry will continue to sell guns.