In the absence of federal action to expand background checks, states must take the initiative to expand and strengthen their background check systems. Unless a state explicitly expands its background check system, only firearms purchases made through an FFL are required to undergo a background check, meaning that any transaction made through a private seller may be legally completed without a background check.
The private sale loophole enables about every 1 in 5 guns to be sold today without any background check through private transactions, gun shows, and websites that facilitate private gun sales. It is crucial that states are empowered to ensure that prohibited individuals don’t gain access to deadly weapons through the private sale loophole. If passed, state-directed expansion of background checks would have a tangible impact on the lives of those at risk.
Today, 21 states and the District of Columbia have enacted legislation to expand the federal Brady Background System, which means over 166 million Americans are now subject to more extensive background checks.
We know that expanded background checks save lives. A 2019 study found that U.S. states with universal background checks for all gun sales had homicide rates 15% lower than states without these laws over a 26 year period, and states without universal background check laws export crime guns across state lines at a 30% higher rate than states that require background checks on all gun sales.