Everytown, Moms Demand Action: Governors Can Extend Background Checks Windows to Reduce Gun Violence Risks Amid Increased Gun Sales During Coronavirus Crisis
4.2.2020
Everytown Releases List of Actions Governors Can Take Amid Concerns Over Unintentional Shootings, Domestic Violence Shootings, Gun Suicides
Agencies Currently Seeing Increases in Background Checks That Remain Incomplete After 3 Days; Newly Released NICS Data Shows More Background Checks Done After Trump’s State of Emergency Declaration Than After Shooting at Sandy Hook School
NEW YORK — Everytown for Gun Safety and Moms Demand Action, a part of Everytown, today released guidance detailing ways that governors can reduce the risks of unintentional shootings, domestic violence, community violence, and gun suicides as gun sales spike and Amerians self-quarantine at home during the COVID-19 pandemic. The recommendations include giving law enforcement the time they need to complete background checks, as Rhode Island Gov. Gina Raimondo did last month, addressing the so-called Charleston loophole in federal law that allows gun sales to proceed if a background check has not been completed within three business days.
New data from the FBI’s National Instant Criminal Background Check System (NICS) shows there were over 3.7 million background checks in March 2020, 41 percent higher than in March 2019. A risk with the historic number of background checks is that law enforcement will not have enough time to complete each background check and a firearm will be transferred to someone who is later found to be prohibited.
“As America’s governors move heaven and earth to free up hospital beds for COVID-19 victims, they shouldn’t have to worry about how many of those beds will be taken by gunshot victims,” said John Feinblatt, president of Everytown for Gun Safety. “So as gun sales surge, we’re urging governors to extend the background check window and give law enforcement the time they need to complete each and every background check.”
“We need leaders to recognize — and address — the real risks posed by the recent spike in gun sales,” said Shannon Watts, founder of Moms Demand Action. “Responsible gun owners support common-sense steps to keep guns away from people who pose a risk to themselves or others, including background checks on all gun sales and secure gun storage. And governors should follow the lead of Gov. Raimondo and address the increased risk of gun violence during the coronavirus crisis by ensuring law enforcement has enough time to complete background checks on gun sales.”
As detailed in the guidance, to help address the risks posed by spikes in gun sales while Americans are hunkered down at home, governors can:
- Address the Charleston loophole by giving law enforcement enough time to complete background checks;
- Educate the public and first-time gun buyers about the risks that come with gun ownership;
- Promote the secure storage of firearms;
- Address the increased risk of suicide by ensuring Extreme Risk Orders are designated as “essential” court services;
- Protect families by ensuring domestic violence restraining orders can be sought and issued and providing continuity of services to victims of domestic violence;
- Ensure essential community gun violence intervention programs can continue to work and give them the critical support they need and
- Prevent criminals from obtaining the parts to build Ghost Guns.
Under federal law, a federally licensed firearms dealer may transfer a firearm to the purchaser if the NICS check has not been completed within three business days — a procedural loophole known as the “Charleston Loophole,” named after the loophole the Mother Emanuel AME Church shooter used to acquire his firearm. While the vast majority of background checks are completed on the spot, approximately 10 percent take longer than three business days. And a delayed background check is a strong indication that the potential buyer may ultimately turn out to be prohibited from having guns. An analysis of the past five years of NICS data shows that background checks completed after the three business day period are four times more likely to result in a denial than checks completed within three business days.