Publication Date: June 2010
What does it say?
This study reviews law enforcement activities resulting from denials of gun purchases pursuant to the Brady criminal background check, including “delayed denials” that result in the transfer of a firearm to a prohibited purchaser.
When a background check cannot be completed within three days because relevant records are not accessible to law enforcement, a firearm dealer can choose to transfer the firearm. In 2008, 2,472 transfers of firearms were completed in this way. In 2007, 2,566 transfers of firearms were completed in this way.
After the relevant records were accessed, and it was confirmed that the person was in fact a prohibited purchaser, federal authorities retrieved firearms from 1,218 of these denied persons, compared with 1,251 in 2007. Federal authorities were unable to locate an additional 131 prohibited purchasers who had obtained firearms despite being a prohibited purchaser.
In addition to these facts about “delayed denials” and firearm retrievals, this report also provides state-specific data for Pennsylvania and Virginia about the capture of wanted persons pursuant to a background check denial. Notably, in 2008, Pennsylvania apprehended 112 wanted persons in connection with an attempted gun purchase, and Virginia apprehended 77 wanted persons.
How can I use it?
Congress needs to make sure that all relevant records are in the background check system so that firearms are not transferred to prohibited purchasers like felons. Congress also needs to make sure that all firearm transfers are subject to a background check, including those at gun shows, to keep prohibited purchasers, including “wanted” persons, from purchasing guns.
Citation
Frandsen, Ronald J., Enforcement of the Brady Act, 2008: Federal and State Investigations and Prosecutions of Firearm Applicants Denied by a NICS Check in 2008, St. Louis, MO: Regional Justice Information Service, June 2010
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