Background Checks for Firearm Transfers: the Legal Landscape

• In Event: Posters II

Abstract

The federal Gun Control Act (GCA) and numerous state laws make it illegal for convicted felons, domestic abusers, and other “prohibited persons” to acquire firearms. A criminal history background check on an applicant for a firearm transfer or permit is the primary method of enforcing these prohibitions. The scope of the background check differs by state due to a patch work of federal and state laws. Each year since 2008, about 1,300 federal, state, and local agencies have received in excess of 10 million applications for a firearm transfer or permit. This poster will present the complex dimensions of federal and state firearm transfer laws, including:

• Minimum national background check requirements of the federal Brady Act
• The National Instant Criminal Background Check System (NICS) and the role of the FBI and state and local agencies
• State regulation of licensed and unlicensed dealer transfers
• State regulation of firearms involved in transfers – handguns, long guns, and assault weapons
• Methods of transfer regulation – instant checks, purchase permits, exempt carry permits, and other approval systems
• Prohibited person categories found in the GCA and state laws
• Recent changes in firearm transfer regulations and significant legislative trends

Authors

• Ronald Frandsen, Regional Justice Information Service

• Jennifer Karberg, Regional Justice Information Service

• David G. Mueller, Regional Justice Information Service