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Giffords Answers Attorney General Sessions Call to Improve Background Check System with Evidence Based Solutions to Help Prevent More Gun Deaths

January 22, 2018 — Giffords, the gun safety organization founded by former Congresswoman Gabrielle Giffords and Captain Mark Kelly, sent a letter to Attorney General Jeff Sessions detailing a series of evidence-based recommendations for how he can improve the federal background check system. The letter, signed by the executive directors of Giffords and the Giffords Law Center to Prevent Gun Violence, is a direct response to a memo issued by the Attorney General’s office in the wake of the mass shooting in Sutherland Springs, instructing the FBI and ATF to identify measures that “should be taken to prevent firearms from being obtained by prohibited persons.”

“Our nation’s leaders should be doing everything in their power to prevent more tragedies because someone with a criminal record was able to buy a gun. Attorney General Sessions should understand the cost of doing nothing – both to American communities and law enforcement officers sworn to protect them,” said Peter Ambler, Executive Director, Giffords. “Based on our experience fighting to save lives, we are asking him to stand up to the gun lobby and take the side of the American people by pushing for these simple solutions that will make our background system more effective and improve public safety.”

The Brady Act passed in 1993 required all federally licensed firearm dealers to conduct background checks on potential firearm purchasers. Between 1994 and 2015, the federal background check system prevented over three million unlawful firearm sales. But gaps in federal law have allowed millions of dangerous people to gain access to firearms.

“Our nation’s background check system is only as strong as the records it contains, and the tragedy in Texas made painfully clear that all records need to be properly reported,” said Robyn Thomas, Executive Director, Giffords Law Center to Prevent Gun Violence. “But even months later, nothing has happened to stop the same horrific scenario from occuring again. We know there are clear steps we should be taking to address this situation and save lives. The Attorney General should be doing everything he can to support these solutions so we don’t have to reckon with another gun violence tragedy that could have been prevented with a background check.”

The solutions identified by Giffords include:

  • A federal law requiring a background check for every gun sold so only responsible citizens could buy a firearm. While federal firearms licensees (FFLs) are required to conduct background checks, unlicensed private sellers are not subject to this requirement. Particularly with the rise of internet sales, private firearm transactions make up a significant share of gun purchases and allow too many prohibited people to slip through the cracks. According to a 2017  study, between 20 and 40% of Americans acquired their most recent gun without clearing a background check. To date, 19 states have taken action to close the loophole, adopting background check laws at the state level. Between 2009 and 2012, states with background checks on all handgun sales had  35% fewer gun deaths than states without these laws. Additionally, states with more comprehensive background check laws also experienced 52% fewer  mass shootings, 53% fewer  gun suicides, 48% less  gun trafficking, and 47% fewer women killed by  domestic abusers. A November 2017  Quinnipiac poll found that 95% of Americans and 94% of individuals who have a gun in the home support background checks on all gun sales.
  • Allow law enforcement enough time to review relevant records after a background check is initiated. Currently, federal firearms licensees who have initiated a background check can proceed with the sale by default within three business days if it does not violate state or federal law. While the majority of background checks—91%—provide a final disposition within minutes, about  9% require further investigation by FBI and ATF agents. In 2012 alone, the default proceed provision allowed 3,722 prohibited purchasers to buy guns before clearing a background check. In Charleston, South Carolina, the man who shot and killed nine parishioners during his racially-motivated assault on the Emanuel AME Church was a prohibited purchaser. However, because federal law allowed him to purchase a gun after 72 hours, and before the FBI completed investigating crucial background check records, the shooter was able to use the weapon in this horrific shooting.
  • Compel the Department of Defense and all branches of the military to finally fulfill their obligation to report all service members disqualified from purchasing or possessing firearms to the federal background check system. In 1997, the DoD Inspector General  reported that the Air Force failed to submit appropriate records in approximately 50% of its cases; the Navy failed to submit final records in approximately 94% of its cases; and the Army failed to submit records in approximately 79% of its cases. Eighteen years later, in 2015, the DoD Inspector General  reported that the same problems persisted. Just last month, the DoD Inspector General  reported that the Air Force failed to submit records in approximately 14% of its cases, the Navy failed to submit records in approximately 36% of its cases, the Army failed to submit records in approximately 41% of its cases, and the Marine Corps failed to submit records in approximately 36% of its cases. Giffords Law Center to Prevent Gun Violence joined a lawsuit on behalf of cities to stop the record submissions failures from happening.
  • Support Congressional passage of the Fix NICS Act of 2017. This bill would create accountability for federal department and agencies, including the DoD, and would provide support to states seeking to improve their record reporting systems.

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  Giffords is a nonprofit organization dedicated to saving lives from gun violence. Led by former Congresswoman Gabrielle Giffords and her husband, Navy combat veteran and retired NASA astronaut Captain Mark Kelly, Giffords inspires the courage of people from all walks of life to make America safer. 

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