Minnesota Coalition for Common Sense Call on Minnesota Legislators to Pass Proposal Closing Loopholes That Let Dangerous People Buy Guns Without A Background Check
March 10, 2016 – Former Congresswoman Gabrielle Giffords, Navy combat veteran and retired NASA astronaut Captain Mark Kelly, and the members of the Minnesota Coalition for Common Sense today called on Minnesota’s legislators to pass a proposal introduced today to close the loopholes in Minnesota law that allow people to buy guns from unlicensed individual sellers, at gun shows, and online without undergoing a criminal background check.
Under current federal law, individuals must pass a criminal background check before they can buy a gun from a licensed firearm dealer. But many guns are sold without background checks at gun shows, online, and elsewhere. Minnesota law does not require background checks on these sales, which creates a loophole that allows criminals, domestic abusers, and other dangerous individuals to buy guns with no background check.
“Just two weeks ago, we joined with Minnesota’s leaders to launch the Minnesota Coalition for Common Sense and call on leaders in the legislature to take some commonsense steps to keep guns out of the wrong hands and protect the rights of law-abiding Minnesotans. This new proposal does just that. Minnesota’s leaders now have the opportunity to close the reckless loopholes in the state’s laws that let guns fall into the wrong hands. We hope they seize that chance,” said Congresswoman Giffords and Captain Kelly. “We applaud Senator Ron Latz and Representative Dan Schoen for their leadership in introducing this commonsense, responsible bill. Responsible gun owners agree that commonsense changes in our laws can help keep guns away from the wrong people, and make our communities safer. As they debate this important legislation, we urge Minnesota’s leaders to keep in mind the broad and strong support among their constituents, including from gun owners, for laws like this one. We hope they do the responsible thing and advance this commonsense proposal.”
“As a former law enforcement officer, I know all too well what guns can do when they fall into the wrong hands. And right now, it is far too easy for dangerous people like felons and domestic abusers to buy a gun with no background checks and no questions asked. That puts our law enforcement officials, our families, and our communities at risk,” said Dave Korus, Former Police Commander, St. Paul Police Department and an Advisory Committee Member of the Minnesota Coalition for Common Sense. “ It makes no sense that our laws give felons, abusers, and the dangerously mentally ill the option of buying a gun without a background check. It’s time for our leaders to come together to close these dangerous loopholes and make Minnesota safer.”
“Right now, convicted domestic abusers in Minnesota have the option of buying guns online or at gun shows without a background check. These dangerous loopholes in our laws are one reason why guns and domestic violence are such a deadly mix here in Minnesota and in communities across our country,” said Babette Jamison, Executive Director, Women’s Advocates, Inc. and an Advisory Committee Member of the Minnesota Coalition for Common Sense. “I’m proud to join with Congresswoman Giffords, Captain Kelly and the Minnesota Coalition for Common Sense to support this life-saving legislation and to urge our leaders to finally act to protect women and their families here in Minnesota.”
The introduction of the bill comes on the heels of Congresswoman Giffords and Captain Kelly’s visit to Minnesota last month to launch the new Minnesota Coalition for Common Sense. The coalition, which includes leaders from across sectors and parties, is working to advance common sense legislation like this proposal that help keep guns out of the wrong hands and prevent gun tragedies while protecting the rights of law-abiding Americans to own firearms. Read more about the Minnesota Coalition for Common Sense here.
OVERVIEW OF BACKGROUND CHECKS & CURRENT MINNESOTA LAW
Federal Law Requires Criminal Background Checks at Licensed Firearms Dealers, Not Online and at Gun Shows. In 1993, Congress passed the Brady Handgun Violence Prevention Act into law, making background checks a requirement for federally licensed gun dealers and setting up the National Instant Criminal Background Check System (NICS), a system of databases maintained by the Federal Bureau of Investigation. Under federal law, certain categories of dangerous individuals, known as prohibited purchasers, such as convicted felons, domestic abusers and some dangerously mentally ill people are prohibited from purchasing or possessing firearms. Under the Brady Act, when a person attempts to purchase a gun from a licensed dealer, the dealer runs a check through the NICS system to determine whether a potential buyer is prohibited from purchasing firearms. If information in NICS indicates that a person is prohibited from legally purchasing a firearm, the dealer must deny the sale.
Minnesota Law Doesn’t Require Unlicensed Sellers to Conduct A Background Check When Transferring the Gun to Another Person. Under current law in Minnesota, individuals must pass a background check before they can buy at a federally licensed firearm dealer. But Minnesota does not require background checks for private sales – which include sales conducted online and at gun shows.
Background Checks Are Quick and Effective – They’ve Blocked Over Two Million Potential Sales to Prohibited Purchasers. 91 percent of background checks are completed instantaneously and since the NICS system has been in place, over 196 million background checks have been conducted, and over two million firearms sales to prohibited purchasers have been denied.
Recent Research Shows Minnesotans Support Closing Loopholes in the Background Checks Laws. A recent survey of Minnesota voters conducted by The Star Tribune found that a broad majority of Minnesotans support expanded background checks for gun sales. Among the survey’s findings: 82 percent of Minnesota voters support expanded background checks on gun sales, with broad support extending across gender, income and party lines.
States with Background Checks Have Seen Public Safety Gains, Including Fewer Women and Law Enforcement Murdered with Guns. In the seventeen states and the District of Columbia that already require background checks for all handgun sales, 46 percent fewer women are shot to death by their intimate partners, there are 48 percent fewer firearms suicides and 48% fewer law enforcement officers are shot to death by handguns. When Missouri repealed its background check law in 2007 that required background checks on all handgun sales, gun homicides increased by 25 percent in the state.
SUMMARY OF NEW BACKGROUND CHECKS BILL IN MINNESOTA LEGISLATURE
The proposal introduced today by Senator Ron Latz and Representative Dan Schoen closes three critical loopholes in current Minnesota law that allow guns to be purchased without a criminal background check, including 1) at gun shows 2) through online sales and 3) from unlicensed individual sellers. It would require that a criminal background check through the National Instant Criminal Background Check System (NICS) be completed at a federally licensed firearms dealer for all sales by unlicensed sellers. The bill includes reasonable exemptions for immediate family members, law enforcement and certain temporary transfers. There are over 1,400 federal firearms dealers in Minnesota and 98.9 percent of Minnesotans live within 10 miles a dealer.