Closing The Loophole on Background Checks – Kind Of.

             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 Church.

              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.

Advertisements

A New Monthly Chart On NICS Background Checks.

I have decided to keep a running record of FBI-NICS checks to help keep our friends in Gun-nut Nation at least somewhat honest, although as John Feinblatt has just reminded us, keeping that bunch honest is about as easy as keeping me on a diet. But be that as it may, with certain caveats that I am going to quickly list, the monthly background check numbers published by the FBI are still an effective measurement of the health and welfare of the gun industry, which usually stands in direct opposition to the health and welfare of the general population.

The caveats about using the NICS numbers as an industry measurement are as follows:

  • Only a handful of states require that all gun transfers go through NICS, so a large number of guns move from one person to another without any paper trail being created at all.
  • On the other hand, what NICS does indicate is the number of new guns that are added to the civilian arsenal each month, and that’s the most important number of all.
  • Of course NICS doesn’t capture the new gun transfers in any universal sense, because many states opt out of the NICS system when a resident holding a concealed-carry license buys a gun.

nicsBut the bottom line is that what we do get from NICS is a very clear trend of the degree to which America is or isn’t arming up. And basically this is the trend which is most important for determining the extent to which America will continue to suffer from gun violence, because without guns, there is no gun violence – it’s as simple as that. And please, please don’t give me the bromide about all we have to do is keep the guns out of the ‘wrong hands.’ Enough already, okay?

The total NICS number for each month is comprised of 24 different categories, of which only 4 categories – handguns, long guns, other guns, multiple sales – represent contacts with the FBI call center to get authorization to sell or transfer a gun. The other categories represent either checking the validity of gun licenses, or redeeming previously-pawned guns, or transfers between individuals rather than between a dealer and a customer; in other words, background checks which don’t represent any new guns being added to the civilian arsenal at all.

I am going to start publishing a monthly NICS chart which will compare numbers over time and will cover the following categories: handguns, other guns and personal transfers of hand guns. Why only handguns and other guns? Because these are the guns we need to worry about since handguns are usually what are used in gun violence of all kinds, and other guns are assault-rifle receivers to which the owner then attaches a bolt and a barrel and he’s got a very lethal gun.

Here’s our very first chart:

Jun-17 Jun-16 2017 to date 2016 to date.
Handguns 569,149 582,821 3,777,008 4,083,589
Other Guns 29,730 49,220 195,537 218,023
Private transfers 1,884 1,198 11,845 8,231

 

These are some interesting numbers, and they fly in the face of comments from various Gun-nut noisemakers that there hasn’t been any ‘Trump slump’ on guns.  Well, I guess a drop of more than 306,000 new handguns hitting the market between January and June isn’t anything to worry about, and a 30% increase in background checks between private buyers and sellers clearly indicates that gun owners just won’t go along with private NICS checks. Incidentally, I’m not going to track long gun transfers, but you should know that long gun checks dropped from 2.5 million in 2016 to 2.3 million so far this year. As handguns go so does the whole gun market, oh well, oh well.

If I had to estimate, I would say that a drop in handgun and long gun sales of roughly 500,000 units means a loss of revenue for the gun industry of somewhere around $150 million bucks. I don’t think that really makes up for Wayne-o going to the White House for the Easter Egg roll.