Background Checks: Research

Title: Keeping Guns Out of the Hands of Abusers: Handgun Purchases and Restraining Orders [abstract]

What does it say?  Federal law prohibits persons under certain domestic violence restraining orders from getting or keeping guns.  This study documents that the law is working to discourage batterers from attempting to purchase a gun legally.  The average annual rate of attempts to purchase a firearm was 124 for restrained persons and 503 for California residents. 

However, people newly prohibited from owning guns do not appear to be getting rid of guns already in their possession.  The study estimates that about 2,600 guns should be relinquished (sold, given away, etc.) every month because the person is no longer eligible to have a gun because of a restraining order.  Anecdotal evidence suggests that very few guns are relinquished. 

How can I use it?  This study can be used to document that background check laws designed to weed out high-risk users are having an impact.  For the laws to work even better, it is critical for all records to be in the national background check system. 

Congress recently enacted a law to encourage states to make sure all qualifying records are in the system.  As well, authorities need to do a better job assuring that guns are relinquished by newly prohibited people.

 
Title: Firearm Death Rates and Association with Level of Firearm Purchase Background Check [abstract]

Publication Date: May 13, 2008

What does it say? This study documents that background checks conducted at the local level are associated with lower firearm suicide rates and lower homicide rates.  Checks performed by local level agencies were associated with a 27 percent lower firearm suicide rate and a 22 percent lower homicide rate.  Checks conducted at the local level may provide more scrutiny of gun purchasers or have access to more records than checks at the federal or state level. 

How can I use it? The results of this study can be used to advocate for extending Brady background checks to all gun sales, including those at gun shows and for similar laws at the state level.   Send the abstract of the study to your elected officials and incorporate the study results in materials used in outreach.

Title:  Background Checks for Firearm Transfers, 2006 - Statistical Tables  [web page]

Publication Date: March 13, 2008

What does it say?  Since the implementation of the Brady law in 1994, Brady criminal background checks have stopped 1.5 million felons and other dangerous people from purchasing guns at retail dealers.  A felony conviction or indictment was the most common reason for a denial by a state/local agency (44%) or the FBI (36%).

How can I use it? One and a half million denials is proof that background checks work to help keep guns out of the hands of people not allowed to own guns.  This statistic can be used to push for requiring background checks for all gun sales, including those at gun shows. During the Brady bill fight, the National Rifle Association repeatedly claimed that criminals don't try to get their guns at retail dealers (claiming that criminals get their guns by stealing them).  They were wrong.  What else are they wrong about?

Title: An overview of laws prohibiting possession of firearms by individuals with a history of treatment for mental illness
[abstract]
Publication date: September 2007

What does it say? This article provides a history of federal firearms laws relating to mental illness, describes state laws, and reviews implications for mental health practitioners.

How can I use it?  In the wake of the Virginia Tech shooting and the subsequent national legislation to get qualifying records into the Brady background check system, state legislators and advocates may need a primer on mental health issues and guns.  This article lists state statutes related to mental health and guns, including type of weapon, prohibited categories, and duration of prohibition (See Table 1).

Citation: JR Simpson, "Bad risk? An overview of laws prohibiting possession of firearms by individuals with a history of treatment for mental illness" J Am Acad Psychiatry Law 35:3 (2007): 330-8


Title: Gun shows across a multi-state American gun market: observational evidence of the effects of regulatory policies
[full text/pdf]
Publication date: June 2007

What does it say?  This study of 28 gun shows provides strong evidence that California’s strict regulation of gun shows, including a requirement that all gun sales go through a Brady criminal background check at a federally licensed dealer, reduces anonymous, undocumented gun sales at gun shows without negatively impacting the gun show business.  

How can I use it? One of the key arguments that the gun lobby uses to oppose background checks at gun shows is that they will kill the gun show business.  This study documents that this is not the case.  This study is also an excellent overview on how gun shows work, the percent of licensed (30 percent) vs. private sellers (70 percent), what types of guns are sold, etc., and could be used as educational material on why gun shows are such a problem.   In addition, the UC Davis website has photos documenting a straw purchase and assault weapons available for sale at gun shows.

Citation: GJ Wintemute, “Gun Shows Across a Multi-state American Gun Market: Observational Evidence of the Effects of Regulatory Policies,” Injury Prevention 13 (2007)


Title: Debunking a Myth: The Gun Lobby’s Claim That Less Than 1% of Crime Guns Come From Gun Shows
[pdf]  
Publication date: 2007

What does it say? Opponents of gun show regulation often claim that gun shows are not a source of crime guns, citing a Department of Justice survey from 1997.  This fact sheet explains why the “less than 1% of guns come from gun shows” number is misleading and vastly underestimates the role of gun shows in supplying guns to criminals.

How can I use it?  Include this fact sheet in packets of material to friendly legislators working to close the gun show loophole and other allies so they can be well prepared to push back on this common gun lobby argument about gun shows.

Citation: Coalition to Stop Gun Violence & Educational Fund to Stop Gun Violence, Debunking a Myth: The Gun Lobby’s Claim That Less Than 1% of Crime Guns Come From Gun Shows (Washington, DC: 2007)