Are Universal Background Checks Already in Place?
Are Universal Background Checks Already in Place?
When discussing gun control in the United States, the question of whether universal background checks are already in place often arises. This article aims to clarify this issue by examining the current state of background checks, focusing on federal and state-level regulations.
Federal Law and Background Checks
Federal law as it stands does not mandate background checks for private party transfers of firearms. Section 922(v) of the federal Gun Control Act of 1968, often referred to as the Brady Handgun Violent Prevention Act, provides for background checks for certain transactions, but it does not apply to private individuals selling firearms to other private individuals. This means that if an individual wishes to sell a firearm privately, no federal requirement currently exists for them to conduct a background check.
State-Level Background Checks
As of now, 22 states and the District of Columbia (D.C.) have implemented some form of background check for firearms sales. The specifics of these laws vary greatly among the states:
13 states and D.C. require the National Instant Criminal Background Check System (NICS) for all transfers of firearms. 2 states require a NICS check specifically for handgun transfers. 3 states require a state-issued permit or license to purchase any firearm. 4 states require a state-issued permit or license to purchase handguns.It’s important to note that these laws can vary slightly. For example, some states may exclude the inheritance of firearms or the lending/giving of firearms to an immediate relative from the requirement to perform a background check.
Gun Shows and Private Sales
The terms 'gun show' and 'private party seller' often create confusion. While some states mandate that private sales conducted through certain channels (like gun shows) be run through the NICS system, there is no federal mandate requiring these checks for private individuals. According to federal law, only gun show sellers who are certified businesses are federally mandated to conduct background checks. This means that most private individuals are still not required to use the NICS system when selling firearms.
Brady Bill and the Current Loophole
The Brady Bill, formally known as the Brady Handgun Violence Prevention Act, was signed into law in 1993. While it created the NICS system and mandated background checks for felons and other prohibited persons, it did not require all private party transfers of firearms. This is a significant loophole that has been exploited over the years, leading to concerns about the effectiveness of the current system.
The NICS system is in place and operational, but the lack of federal mandate for private sellers has created a significant flaw in the system. Addressing this loophole would require either amending the existing federal law or individual states enacting their own requirements for background checks.
Conclusion
So, to summarize, universal background checks, at least in the way that term is often used, are not already in place. The current system, while effective in many areas, has its limitations, particularly in the context of private party transfers of firearms. Enhanced federal and state legislation could help to strengthen this system, but it is a complex issue with significant political and legal hurdles.