Firearm Background Checks in States With and Without Background Check Laws

Abstract

Introduction: A total of 21 states have enacted laws that extend the types of firearm transfers that require the prospective purchaser to undergo a background check, often referred to as comprehensive background check laws. Utilizing a national representative survey of gun owners, this study estimates the proportion of firearm transfers that occur without background checks in states with and without these laws.

Methods: Data came from the 2019 National Firearms Survey, a nationally representative survey of 2,950 firearm owners in the U.S.

Results: A smaller proportion of gun owners in states with comprehensive background check laws did not undergo a background check when they acquired their most recent firearm compared with gun owners in states without comprehensive background check laws (12%, 95% CI=9, 16 vs 24%, 95% CI=21, 28). In states with comprehensive background check laws, 40% (95% CI=23, 60) of purchasers who bought their firearm from a friend, family member, or acquaintance did not undergo a background check compared with 74% (95% CI=58, 85) in states without comprehensive background check laws. Differences in background check frequency by comprehensive background check law status was largely due to differences for 2 types of transactions: (1) private sales between friends/family members/acquaintances and (2) nonpurchase transfers.

Conclusions: Fewer gun owners acquired their most recent firearm without a background check when the transfer occurred in a state with, relative to without, comprehensive background check laws. Private firearm sales that do not occur at traditional retail locations continue to be the type of sale least likely to have a background check.