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While fully closing the dangerous background checks loophole would require congressional action, ATF also has the authority to issue a regulation clarifying which gun sellers must get a license and conduct background checks, thus significantly shrinking the loophole.
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Just as the coronavirus pandemic has exposed gaps within the U.S. health care and economic systems, the surge in gun sales during this period brings to the forefront weaknesses in the current laws and systems governing the sale and ownership of firearms and ammunition. Far too many gun sales are allowed to proceed without background checks, and gun owners face minimal legal requirements to ensure that guns are handled and stored safely. These gaps in the law create risks for all U.S. communities vulnerable to gun violence, and both federal and state policymakers should take this opportunity to strengthen these laws to help reduce gun violence.
In addition, policymakers should use this moment to consider enacting a system of gun licensing that would address many gun law gaps at once, rather than through piecemeal legislation. Laws that require individuals to obtain a government-issued firearm license prior to purchasing a gun could minimize the risks associated with delays in the background check system, as well as require that all sales proceed only after a background check has been completed and the purchaser has completed a gun safety training class, which includes instruction on methods of safe storage. A comprehensive system of gun licensing, whether enacted at the federal level or by individual states, would alleviate many of the weaknesses in current gun laws that are being exacerbated by the pandemic.
The recent surge in gun sales has put unprecedented strain on NICS; four straight months to date have seen exponentially higher volume, with no sign that sales are slowing down. This increase comes even as the NICS was already struggling with a lack of resources,14 which has led to insufficient staffing to conduct the investigations required to determine whether prospective buyers are legally eligible to buy guns, especially in cases that require additional legwork. In addition to delays caused by an overwhelmed NICS staff, some background checks have taken longer to complete because of municipal office and court closures or reduced hours or staffing numbers in communities across the country due to the pandemic. These obstacles prevent NICS examiners from having timely access to necessary court documents. In early May, the U.S. Department of Justice reportedly asked Congress for additional funding to hire more staff to allow the FBI to keep up with the surge in background checks. It also asked for additional funding for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to increase capacity to retrieve firearms that were erroneously sold to prohibited purchasers through a default proceed sale.15
The 2015 shooting in Charleston brought new attention to the problem of default proceed sales and led to renewed advocacy to close this gap in the law and ensure that all gun sales facilitated by gun dealers require a completed background check. In February 2019, the U.S. House of Representatives passed a bill to address this problem by extending the time allowed for background check investigations; however, this legislation has languished in the Senate.17 According to an analysis of state laws by the Giffords Law Center, seven states have enacted laws to extend the default proceed period beyond three days to give investigators additional time for background checks to be completed.18
The lack of universal background checks undermines the effectiveness of nearly every other gun safety law, particularly those that prohibit certain individuals from gun ownership and those intended to deter illegal gun trafficking. As gun stores in some states have closed or operated with reduced capacity during the pandemic, the risk has increased that buyers will turn to private sales for their gun purchases, potentially increasing the number of guns sold without a background check and with no records kept of the sale.22 To date, 22 states and Washington D.C., have acted to close this gap in the federal law by requiring background checks for at least some categories of private sales.23 In February 2019, the House of Representatives passed H.R. 8, a bill that would close the private sale loophole in federal law and require background checks for all gun sales, including those facilitated by private sellers.24
One reported dynamic of the surge in gun sales due to the coronavirus pandemic is that many people are choosing to make their first gun purchase in a time of increased anxiety and fear. Not only would a mandatory waiting period help alleviate some of the stress on the background check system, but it would also encourage would-be gun buyers to give additional thought to their decision and reduce the risk of impulsivity. Nine states and Washington, D.C., have enacted laws requiring a waiting period before at least some gun sales can be completed.26 These laws are proven to be effective: A 2017 study found that state laws that require waiting periods before completing handgun sales result in lower rates of gun-related homicide and suicide.27
A growing number of states have acted to strengthen gun laws to address many of these weaknesses in the background check system and regulations surrounding gun ownership. In addition to a piecemeal approach to these issues, a few states have enacted a comprehensive system of firearm licensing to ensure that gun buyers are both legally eligible to possess guns and properly educated and trained on their safe use and storage. According to an analysis by the Giffords Law Center, eight states have enacted laws requiring that individuals obtain a license prior to purchasing firearms, and another three states require people to have a valid license or permit to possess firearms.38 In addition, Washington, D.C., requires the registration of all guns, which effectively functions as a licensing law.39 Firearm licensing laws vary from state to state, but tend to include the following elements: a completed background check, often requiring fingerprints; review of the application by local law enforcement; completion of safety training; a waiting period prior to completing a sale; and a license of limited duration.40
On devices that support background tag reading, the system automatically looks for nearby compatible tags whenever the screen is illuminated. After detecting and matching a tag with an app, the system shows a notification that the user can tap to send the tag data to the app for processing. Note that background reading is disabled when an NFC scanning sheet is visible, Wallet or Apple Pay are in use, cameras are in use, the device is in airplane mode, and the device is locked after a restart.
And in the two decades since, the federal government says it has conducted hundreds of millions of background checks. With critical shortcomings in the system, though, mass shootings continue in the U.S.
If more research needs to be done, the purchase can be delayed for up to three business days. If in that time investigators can't complete the additional background check, federal law allows the gun dealer to proceed with the transaction.
"Like any database, the system is only as good as the records put in that system," says Lawrence Keane of the National Shooting Sports Foundation. "There are some very real world examples of where the background check system was not accurate."
After high-profile shootings, gun violence prevention advocates often renew their calls for universal background checks. Those would require background checks on virtually all gun sales, not just ones administered by federally licensed gun dealers.
"We think we have to work to fix the NICS system before you even have a conversation about expanding it," Keane says. "That does not make sense to us to expand background checks, through so-called universal background checks, when the system we have now is not working as it should be."
But 20 states, including California, Connecticut and Vermont, extend background checks to include private sales of at least some firearm transactions. That's according to Giffords Law Center to Prevent Gun Violence.
The following stories provide a few illustrations of tragedies that could have been prevented if a background check was required when the shooter bought their gun. The stories are presented chronologically. While they do not cover every case, these stories provide important examples of why legislation to require a background check on all gun sales is crucial.
Federal law should be amended to fill dangerous gaps in the law that enable people with dangerous histories to have guns. States should also pass laws matching the federal prohibitions, and should fill gaps left by federal law.
The Background Trio are a trio of singing female cats who never appear in any of the stories proper, only in certain song segments. They back up certain Danger Rangers in song. Because all three sing in unison, and neither speaks, it is unknown which real-life background singer voiced which cat.
I am using a form with bootstrap, which requires the "form-control" class on each input. I would like a readonly input to change to the "btn-danger" class on bad input to another field. However, when I add the "btn-danger" class to the input it does not override "form-control" on setting the background color except for when you are hovering over it. Removing the "form-control" class causes the input to change to the wrong size. Any idea why the background color is not overridden? Classes are supposed to cascade, right? 2351a5e196
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