Update Background Check Laws
Last Updated: 6.22.2021
Learn More:
- Alert Local Law Enforcement of Failed Background Checks
- Background Checks on All Gun Sales
- Block Concealed Carry Reciprocity
- Close the Charleston Loophole
- Downloadable Guns
- Ghost Guns
- Gun Dealer Reform
- Gun Trafficking
- Keeping Guns Out of the Wrong Hands
- Prevent Gun Trafficking
- Prohibit People With Dangerous Histories From Having Guns
- Repeal Restrictions on Gun Trace Data
- Require Permits to Carry Concealed Guns in Public
- Require Prohibited People to Turn in Their Guns
- Stop Downloadable Guns
- Strong Standards for Carrying Concealed Guns in Public
- Waiting Periods
Updating federal and state laws to require background checks on all gun sales is a common-sense way to keep guns out of the wrong hands and keep our communities safe. That is why:
93%
93 percent of American voters support requiring background checks on all gun sales, including 89 percent of Republicans and 89 percent of gun owners.
Everytown & Giffords Gun Safety Memo
Last updated: 3.25.2021
How do background checks work?
Background checks are the foundation of any effective effort to reduce gun violence and keep guns out of the wrong hands. Since federal law began requiring these background checks in 1994, over 4 million sales to prohibited purchasers have been blocked.1Connor Brooks, “Background Checks for Firearm Transfers, 2016-2017,” (US Bureau of Justice Statistics, February 2021), https://bit.ly/3fkRmbW. Data for 2018 through 2020 were obtained by Everytown from the FBI directly. Though the majority of the transactions and denials reported by FBI and BJS are associated with a firearm sale or transfer, a small number may be for concealed carry permits and other reasons not related to a sale or transfer.
What is the background check loophole?
Federal law does not address gun sales by unlicensed sellers (e.g., non-dealers who sell guns online or at gun shows). This loophole enables people with felony convictions, domestic abuse restraining orders, and/or prohibiting histories of mental illness to buy guns with no questions asked.
Thankfully, many states and Washington, DC, have enacted laws that require background checks for all handgun sales at the point of sale and/or as part of a purchase permit. But the loophole still exists in most states.
Background Check and/or Purchase Permit
22 states have adopted this policy
Background Check and/or Purchase Permit
Alabama has not adopted this policy
Background Check and/or Purchase Permit
Alaska has not adopted this policy
Background Check and/or Purchase Permit
Arizona has not adopted this policy
Background Check and/or Purchase Permit
Arkansas has not adopted this policy
Background Check and/or Purchase Permit
California has adopted this policy
- Does the law cover only handgun purchases, or also rifle and shotgun purchases?
- All firearms (handguns, rifles, and shotguns)
- When is the background check performed?
- Point-of-sale
Background Check and/or Purchase Permit
Colorado has adopted this policy
- Does the law cover only handgun purchases, or also rifle and shotgun purchases?
- All firearms (handguns, rifles, and shotguns)
- When is the background check performed?
- Point-of-sale
Background Check and/or Purchase Permit
Connecticut has adopted this policy
- Does the law cover only handgun purchases, or also rifle and shotgun purchases?
- All firearms (handguns, rifles, and shotguns)
- When is the background check performed?
- Permit to purchase and point-of-sale
Background Check and/or Purchase Permit
Delaware has adopted this policy
- Does the law cover only handgun purchases, or also rifle and shotgun purchases?
- All firearms (handguns, rifles, and shotguns)
- When is the background check performed?
- Point-of-sale
Background Check and/or Purchase Permit
Florida has not adopted this policy
Background Check and/or Purchase Permit
Georgia has not adopted this policy
Background Check and/or Purchase Permit
Hawaii has adopted this policy
- Does the law cover only handgun purchases, or also rifle and shotgun purchases?
- All firearms (handguns, rifles, and shotguns)
- When is the background check performed?
- Permit to purchase
Background Check and/or Purchase Permit
Idaho has not adopted this policy
Background Check and/or Purchase Permit
Illinois has adopted this policy
- Does the law cover only handgun purchases, or also rifle and shotgun purchases?
- All firearms (handguns, rifles, and shotguns)
- When is the background check performed?
- Permit to purchase and point-of-sale
Background Check and/or Purchase Permit
Indiana has not adopted this policy
Background Check and/or Purchase Permit
Iowa has not adopted this policy
Background Check and/or Purchase Permit
Kansas has not adopted this policy
Background Check and/or Purchase Permit
Kentucky has not adopted this policy
Background Check and/or Purchase Permit
Louisiana has not adopted this policy
Background Check and/or Purchase Permit
Maine has adopted this policy
- Does the law cover only handgun purchases, or also rifle and shotgun purchases?
- All firearms (handguns, rifles, and shotguns) sold at a gun show or as a result of an advertisement
- When is the background check performed?
- Point-of-sale
Background Check and/or Purchase Permit
Maryland has adopted this policy
- Does the law cover only handgun purchases, or also rifle and shotgun purchases?
- All firearms (handguns, rifles, and shotguns)
- When is the background check performed?
- Permit to purchase (for handguns) and point-of-sale (for all guns)
Background Check and/or Purchase Permit
Massachusetts has adopted this policy
- Does the law cover only handgun purchases, or also rifle and shotgun purchases?
- All firearms (handguns, rifles, and shotguns)
- When is the background check performed?
- Permit to purchase
Background Check and/or Purchase Permit
Michigan has adopted this policy
- Does the law cover only handgun purchases, or also rifle and shotgun purchases?
- All firearms (handguns, rifles, and shotguns)
- When is the background check performed?
- Permit to purchase
Background Check and/or Purchase Permit
Minnesota has adopted this policy
- Does the law cover only handgun purchases, or also rifle and shotgun purchases?
- Handguns and semiautomatic military-style assault weapons
- When is the background check performed?
- Permit to purchase or point-of-sale
Background Check and/or Purchase Permit
Mississippi has not adopted this policy
Background Check and/or Purchase Permit
Missouri has not adopted this policy
Background Check and/or Purchase Permit
Montana has not adopted this policy
Background Check and/or Purchase Permit
Nebraska has adopted this policy
- Does the law cover only handgun purchases, or also rifle and shotgun purchases?
- Handguns only
- When is the background check performed?
- Permit to purchase
Background Check and/or Purchase Permit
Nevada has adopted this policy
- Does the law cover only handgun purchases, or also rifle and shotgun purchases?
- All firearms (handguns, rifles, and shotguns)
- When is the background check performed?
- Point-of-sale
Background Check and/or Purchase Permit
New Hampshire has not adopted this policy
Background Check and/or Purchase Permit
New Jersey has adopted this policy
- Does the law cover only handgun purchases, or also rifle and shotgun purchases?
- All firearms (handguns, rifles, and shotguns)
- When is the background check performed?
- Permit to purchase and point-of-sale
Background Check and/or Purchase Permit
New Mexico has adopted this policy
- Does the law cover only handgun purchases, or also rifle and shotgun purchases?
- All firearms (handguns, rifles, and shotguns)
- When is the background check performed?
- Point-of-sale
Background Check and/or Purchase Permit
New York has adopted this policy
- Does the law cover only handgun purchases, or also rifle and shotgun purchases?
- All firearms (handguns, rifles, and shotguns)
- When is the background check performed?
- Permit to purchase (for handguns and semiautomatic rifles) and point-of-sale (for all guns)
Background Check and/or Purchase Permit
North Carolina has not adopted this policy
Background Check and/or Purchase Permit
North Dakota has not adopted this policy
Background Check and/or Purchase Permit
Ohio has not adopted this policy
Background Check and/or Purchase Permit
Oklahoma has not adopted this policy
Background Check and/or Purchase Permit
Oregon has adopted this policy
- Does the law cover only handgun purchases, or also rifle and shotgun purchases?
- All firearms (handguns, rifles, and shotguns)
- When is the background check performed?
- Permit to purchase and point-of-sale
Background Check and/or Purchase Permit
Pennsylvania has adopted this policy
- Does the law cover only handgun purchases, or also rifle and shotgun purchases?
- Handguns only
- When is the background check performed?
- Point-of-sale
Background Check and/or Purchase Permit
Rhode Island has adopted this policy
- Does the law cover only handgun purchases, or also rifle and shotgun purchases?
- All firearms (handguns, rifles, and shotguns)
- When is the background check performed?
- Point-of-sale
Background Check and/or Purchase Permit
South Carolina has not adopted this policy
Background Check and/or Purchase Permit
South Dakota has not adopted this policy
Background Check and/or Purchase Permit
Tennessee has not adopted this policy
Background Check and/or Purchase Permit
Texas has not adopted this policy
Background Check and/or Purchase Permit
Utah has not adopted this policy
Background Check and/or Purchase Permit
Vermont has adopted this policy
- Does the law cover only handgun purchases, or also rifle and shotgun purchases?
- All firearms (handguns, rifles, and shotguns)
- When is the background check performed?
- Point-of-sale
Background Check and/or Purchase Permit
Virginia has adopted this policy
- Does the law cover only handgun purchases, or also rifle and shotgun purchases?
- All firearms (handguns, rifles, and shotguns)
- When is the background check performed?
- Point-of-sale
Background Check and/or Purchase Permit
Washington has adopted this policy
- Does the law cover only handgun purchases, or also rifle and shotgun purchases?
- All firearms (handguns, rifles, and shotguns)
- When is the background check performed?
- Point-of-sale
Background Check and/or Purchase Permit
West Virginia has not adopted this policy
Background Check and/or Purchase Permit
Wisconsin has not adopted this policy
Background Check and/or Purchase Permit
Wyoming has not adopted this policy
Why does closing this loophole matter?
22%
22 percent of Americans report acquiring their most recent gun without a background check.
Miller M., Hepburn L., and Azrael D., “Firearm Acquisition Without Background Checks: Results of a National Survey”. Annals of Internal Medicine. (2017).
Everytown’s research into Armslist.com—the largest online gun marketplace, which did not exist when the federal background check law was enacted more than 30 years ago—found that prospective online buyers are seven times more likely to fail a background check than other firearm purchasers or permit applicants, suggesting that prohibited buyers seek out opportunities to skip a background check.2Everytown for Gun Safety Support Fund, “Unchecked: An Investigation of the Online Firearm Marketplace,” February 1, 2021, https://everytownresearch.org/report/unchecked-an-investigation-of-the-online-firearm-marketplace/.
How do we close this loophole?
Under a point-of-sale background check law, unlicensed sellers must meet their buyers at the location of a licensed gun dealer, who runs a background check using the same process already used for the sale of their own inventory. This is convenient because:
90%
Nearly 90 percent of FBI background checks are completed immediately.
“National Instant Criminal Background Check System (NICS) 2018 Operations Report”. FBI. (2019). https://bit.ly/2TMhCkx.
59k
There are nearly 59,000 licensed gun dealers across the country. That’s four times the number of McDonald’s and nearly twice the number of post offices.
Federal Firearms Listings. ATF. (2020). https://bit.ly/2SPLs9O. “Top 100 Retailers 2019.” National Retail Federation, https://bit.ly/34308p2 United States Postal Service, “Sizing It Up,” Postal Facts, https://bit.ly/2tlLGHe.
99% of Americans live within 10 miles of a gun dealer—so it’s easy and convenient to get the background check done.3Everytown analysis of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Federal Firearms Licensee (FFL) dealers and U.S. population. Data on licensed gun dealers were obtained from the ATF through November 2018 here: https://bit.ly/2SPLs9O . Data on census block groups were obtained from the U.S. Census Bureau here: https://bit.ly/2BCfBzw . Distance was calculated between the centroid of each census block group and each licensed dealer to determine the closest dealer.
Percent of Population within 10 Miles of a Gun Dealer by State
State | % |
---|---|
Alabama | 98.4% |
Alaska | 93.5% |
Arizona | 96.7% |
Arkansas | 98.2% |
California | 98.5% |
Colorado | 99.4% |
Connecticut | 100.0% |
Delaware | 100.0% |
District of Columbia | 100.0% |
Florida | 99.8% |
Georgia | 99.5% |
Hawaii | 96.5% |
Idaho | 98.5% |
Illinois | 99.7% |
Indiana | 100.0% |
Iowa | 99.4% |
Kansas | 97.9% |
Kentucky | 99.8% |
Louisiana | 99.0% |
Maine | 99.3% |
Maryland | 100.0% |
Massachusetts | 99.8% |
Michigan | 99.7% |
Minnesota | 99.0% |
Mississippi | 97.6% |
Missouri | 99.5% |
Montana | 95.2% |
Nebraska | 97.7% |
Nevada | 98.5% |
New Hampshire | 99.9% |
New Jersey | 100.0% |
New Mexico | 91.4% |
New York | 99.8% |
North Carolina | 99.9% |
North Dakota | 93.0% |
Ohio | 100.0% |
Oklahoma | 97.3% |
Oregon | 99.4% |
Pennsylvania | 99.9% |
Rhode Island | 99.7% |
South Carolina | 99.4% |
South Dakota | 91.6% |
Tennessee | 99.6% |
Texas | 99.2% |
Utah | 98.8% |
Vermont | 99.8% |
Virginia | 99.7% |
Washington | 98.5% |
West Virginia | 98.9% |
Wisconsin | 99.6% |
Wyoming | 95.9% |
Does closing this loophole make us safer?
In January 2018, a woman in Appleton, Wisconsin, was shot and killed by her husband, who purchased a firearm from a seller he met online, despite his prohibiting felony conviction.4Alison Dirr, “Five Years Apart, Armslist Was Source of Guns in High-Profile Domestic Violence Deaths,” Post Crescent, September 19, 2018, https://bit.ly/2Pu4YI9. A background check requirement for unlicensed sales could have saved her. States that go beyond federal law and require background checks for unlicensed sales are associated with a 10 percent lower homicide rate,5Michael Siegel and Claire Boine, What Are the Most Effective Policies in Reducing Gun Homicides? Albany, NY: Rockefeller Institute of Government, March 2019. https://bit.ly/2YPAz7P. as well as lower rates of firearm suicide6Eric W. Fleegler, Lois K. Lee, Michael C. Monuteaux, David Hemenway, and Rebekah Mannix, “Firearm Legislation and Firearm-Related Fatalities in the United States,” JAMA Internal Medicine 173,no. 9 (2013): 732-740. and gun trafficking.7Daniel W. Webster, Jon S. Vernick, and Maria T. Bulzacchelli, “Effects of State-Level Firearm Seller Accountability Policies on Firearm Trafficking,” Journal of Urban Health 86, no. 4 (July 2009): 525–537. Federal law bars felons from having firearms but does not bar misdemeanors outside the domestic violence context. Daniel W. Webster, Jon S. Vernick, Emma Beth McGinty, and Ted Alcorn, “Preventing the Diversion of Guns to Criminals Through Effective Firearm Sales Laws,” in Reducing Gun Violence in America: Informing Policy with Evidence and Analysis, 109-121. Baltimore, MD: The Johns Hopkins University Press, 2013.
States that go beyond federal law and require background checks for unlicensed gun sales are associated with:
↓ 10%
States that go beyond federal law and require background checks for unlicensed gun sales are associated with 10 percent lower homicide rates.
Siegel M., and Boine C. “What Are the Most Effective Policies in Reducing Gun Homicides?”. Rockefeller Institute of Government, (2019). https://bit.ly/2YPAz7P.
↓
States that go beyond federal law and require background checks for unlicensed gun sales are associated with markedly lower rates of firearm suicide.
Fleegler EW., Lee LK., Monuteaux MC., Hemenway D., Mannix R. “Firearm Legislation and Firearm-Related Fatalities in the United States”. JAMA Intern Med. ;173(9):732–740. (2013). https://bit.ly/3fLMtqH
↓
States that go beyond federal law and require background checks for unlicensed gun sales are associated with markedly lower rates of gun trafficking.
Webster D. W., Vernick J. S., & Bulzacchelli M. T. “Effects of state-level firearm seller accountability policies on firearm trafficking”. Journal of urban health : bulletin of the New York Academy of Medicine, 86(4), 525–537. (2009). https://bit.ly/2XP20jx Webster D., Vernick J., McGinty E., Alcorn T., “Preventing the Diversion of Guns to Criminals Through Effective Firearm Sales Laws”. Reducing Gun Violence in America: Informing Policy with Evidence and Analysis, 109-121. (2013).
Background Check Stories
These stories provide a few illustrations of tragedies that could have been prevented if a background check was required when the shooter bought their gun. 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.
Everytown Research & Policy is a program of Everytown for Gun Safety Support Fund, an independent, non-partisan organization dedicated to understanding and reducing gun violence. Everytown Research & Policy works to do so by conducting methodologically rigorous research, supporting evidence-based policies, and communicating this knowledge to the American public.