The 40% Myth

The 40% Myth



[T]he number reported was a bit lower, 36 percent, and as we will see the true number of guns “sold” without check is closer to 10 percent. More important, the number comes from a 251-person survey on gun sales two decades ago, early in the Clinton administration.

More than three-quarters of the survey covered sales before the Brady Act instituted mandatory federal background checks on February 28, 1994.

In addition, guns are not sold in the same way today that they were sold two decades ago.

The survey asked buyers if they thought they were buying from a licensed firearms dealer. While all FFLs do background checks, those perceived as being FFLs were the only ones counted. Yet, there is much evidence that survey respondents who went to the very smallest FFLs, especially the “kitchen table” types, had no inkling that the dealer was actually “licensed.” Many buyers seemed to think that only “brick and mortar” stores were licensed dealers, and thus reported not buying from an FFL when in fact they did.

But the high figure comes primarily from including such transactions as inheritances or gifts from family members. Putting aside these various biases, if you look at guns that were bought, traded, borrowed, rented, issued as a requirement of the job, or won through raffles, 85 percent went through FFLs; just 15 percent were transferred without a background check.

If you include these transfers either through FFLs or from family members, the remaining transfers falls to 11.5 percent.

~snip~

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The Brady bill has exemptions for states that issue permits that meet certain criteria. With these, the FFL does not have to do a check at purchase time as the license is proof of the check. ATF Online - Firearms - Brady Law / NICS - Permit Chart 21 states have exemptions. That is ~40%.

It's a lie to say there was no NICS check at all. It's a lie to say the buyer wasn't checked at all. The buyer had to have in their physical possession a permit which is exempt from NICS under the Brady bill.

More states are going to tailor their permits so as to also be exempt so in years to come be sure to watch for the anties to claim some higher number of gun sales occure without an NICS check, and try to use that as a spring board for further "we must do something for the children" restrictions.

Not really sure what it is, but it should be a states right to decide.

CalGun said:

Not really sure what it is, but it should be a states right to decide.

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I would encourage any state to make their permit exempt, because such permits are in demand. A state could charge a premium for their permit and folks will line up to hand them their money. It can be a good source of revenue.