By Everytown Research & Policy

he intersection of gun violence and domestic violence has a devastating impact on families and communities across the country, with an average of 76 women in the United States shot and killed by an intimate partner every month, and many more shot and wounded. It is therefore crucial for law enforcement to be vigilant about recognizing warning signs of potential lethal violence by abusers, and to implement policies that help prevent this violence rather than only responding after a tragedy occurs.

One key piece of information that law enforcement should take seriously as a potential warning sign of future violence is a report that an individual who is barred from gun possession because of a disqualifying domestic violence-related conviction or restraining order has attempted to purchase a gun in violation of the law. As the result of a new federal law enacted in 2022, the NICS Denial Notification Act, state and local law enforcement are now notified—within 24 hours—every time a prohibited domestic abuser attempts to buy a gun and fails a background check. But in most states, there is no policy in place to follow up in these cases to investigate whether the survivor of abuse is in imminent danger.

Everytown for Gun Safety obtained data from the FBI that reveals a stunning reality: every year thousands of prohibited abusers attempt to purchase guns and are prevented from doing so because of the background check system: From 2018 through 2022, 135,243 background checks were denied because the purchaser was a prohibited domestic abuser. While this is an example of the background check system working as designed to prevent gun sales to prohibited individuals, each of these cases also raises a new red flag about a potential risk of violence and presents an opportunity to intervene and prevent future homicides of women by an intimate partner.

In light of the significant risk of future violence by domestic abusers with firearms, federal, state, and local law enforcement agencies should implement a policy of investigating each of these cases as part of a proactive approach to preventing gun violence. This type of investigation should include assessing whether there are other risk factors of imminent violence, determining whether the individual has unlawfully obtained firearms through other means, following up with the individual to reiterate that they are prohibited from buying and possessing firearms, and working with victims’ services staff and local domestic violence service providers to notify the survivor that the abuser has attempted to purchase a gun and offer assistance with safety planning. In addition, appropriate cases should be referred to prosecutors for further investigation into whether criminal charges should be pursued for the unlawful attempted gun purchase.

New York: Everytown Research & Policy, 2024 11p.

By Brittni Lambing, Ron Frandsen, Jennifer Karberg, and Joseph Durso

The Brady Handgun Violence Prevention Act (Brady Act) requires a background check on an applicant for a firearm purchase from a dealer who is a Federal Firearms Licensee (FFL). During the permanent Brady Act period, from 1999 through 2018, background checks were conducted on over 237 million applicants for firearm transfers or permits. During this period, nearly 3.5 million applications for firearm transfers or permits were denied by the Federal Bureau of Investigation (FBI) or by state and local agencies. This report summarizes the number of applications for firearm transfers and permits, denials that resulted from background checks, reasons for denial, rates of denial, appeals of denials, and arrests of denied persons during the permanent Brady Act period. Statistics are presented at the FBI, state, and local levels. The report also provides a summary of significant changes in federal and state laws and regulations related to firearm sales. Statistical highlights are presented in the body of the report, and complete details are included in an appendix.

Washington, DC: Regional Justice Information Service; 2024. 29p

By Connor Brooks

This report is the 18th in a series produced by the Bureau of Justice Statistics. It details the number of applications for background checks for firearm transfers and permits received by the Federal Bureau of Investigation (FBI) and state and local checking agencies. It also describes the types of permits or checks used by each state, the number of denials issued by these agencies, and the reasons for denial.

Highlights

• The FBI and state and local checking agencies received about 16.7 million applications for firearm transfers and permits in 2019 and 25.0 million applications in 2020.

• About 243,000 (1.5%) applications for firearm transfers and permits were denied in 2019, and 398,000 (1.6%) were denied in 2020.

• The FBI received about 12.8 million applications in 2020 and denied 185,000 (1.5%), while state and local checking agencies received more than 12.2 million applications and denied about 212,000 (1.7%).

• In 2020, state checking agencies denied 2.7% of purchase permits, 1.8% of instant checks, 1.2% of exempt carry permits, and 0.2% of other approvals.

Washington, DC: U.S. Bureau of Justice Statistics, 2023. 33p.

By Lava R. Timsina, PhD; Nan Qiao, MPH; Alejandro C. Mongalo, BS; Ashley N. Vetor, MPH; Aaron E. Carroll, MD, MS; Teresa M. Bell,

Despite being unable to purchase firearms directly, many adolescents have access to guns, leading to increased risk of injury and death. We sought to determine if the National Instant Criminal Background Check System (NICS) changed adolescents’ gun-carrying behavior. We performed a repeated cross-sectional study using National Youth Risk Behavior Survey data from years 1993 to 2017. We used a survey-weighted multivariable logistic regression model to determine if the NICS had an effect on adolescent gun carrying, controlling for state respondent characteristics, state laws, state characteristics, the interaction between the NICS and state gun laws, and time. On average, 5.8% of the cohort reported carrying a gun. Approximately 17% of respondents who carried guns were from states with a universal background check (U/BC) provision at the point of sale, whereas 83% were from states that did not have such laws (P < .001). The model indicated that the NICS together with U/BCs significantly reduced gun carrying by 25% (adjusted relative risk = 0.75 [95% confidence interval: 0.566–0.995]; P = .046), whereas the NICS independently did not (P = .516). Conclusions: Adolescents in states that require U/BCs on all prospective gun buyers are less likely to carry guns compared with those in states that only require background checks on sales through federally licensed firearms dealers. The NICS was only effective in reducing adolescent gun carrying in the presence of state laws requiring U/BCs on all prospective gun buyers. However, state U/BC laws had no effect on adolescent gun carrying until after the NICS was implemented.carrying in the presence of state laws requiring U/BCs on all prospective gun buyers.

Pediatrics. 2020;145(1):e20191071

By Todd R Ashworth , Claudia A Kozinetz

Background: Firearm-related violence is a significant public health issue in the US. Research has found an increase in guns used in crimes sourced from low gun law states into high gun law states. The purpose of this study is to evaluate the effect of distance from states without universal background checks (UBC), background checks at shows (BCS), or permit to purchase (PTP) laws on firearm homicide rates in states with them. Methods: States were identified based on their enactment of laws that are designed to prevent the private sale of firearms to criminals. Demographic data for each county were obtained for the years 2014 through 2017. The border distance from a county in a state with the evaluated gun laws to the nearest border state without the gun laws was obtained using Google Maps. Multiple regression analyses were performed to test the relationship between border distance and firearm homicide rates. Results: The regression model evaluating all formats found the border distance was negatively associated with firearm homicides (p=.009). The parameter estimate indicated as border distance increased, the firearm homicide rate decreased. When counties with UBC or PTP on all guns were evaluated separately from all formats model, the statistical significance was lost (p=.62). In counties where all handgun sales either require a background check or a PTP is required, the distance was also not statistically significant (p=.11).

Conclusions: This study provides evidence that there may be a mitigating effect on the reduction of firearm homicides in states that require background checks or PTP on private sales when there is a state in close proximity that did not have these laws. Limited counties at certain distances may have contributed to the insignificant findings in other models.

J Inj Violence Res. 2021 July; 13(2): 111-116. doi: 10.5249/ jivr.v13i2.1555

by Sierra Smucker, Max Griswold, Amanda Charbonneau, Rose Kerber, Terry L. Schell, Andrew R. Morral

Among researchers, policymakers, and advocates, momentum is growing to better understand the impact of firearm laws on a variety of outcomes (e.g., suicide, crime, defensive gun use, homicide). There is also a growing interest in data that can shed light on these relationships. One source of these data is the National Instant Criminal Background Check System (NICS). This system includes information used in background checks, the number and type of background checks processed, and details on the number of and reason for denials when NICS finds that an individual is prohibited from purchasing a firearm. In this tool, researchers provide detailed information about data associated with NICS and discuss the data's strengths and weaknesses for various gun policy evaluation objectives. The researchers also outline the substantial limitations to interpreting these data to assist researchers in this field. Finally, they provide these data to researchers to encourage further exploration and evaluation of how NICS data might be used for policy analysis.

Santa Monica, CA: RAND, 2022. 65p.

By Garen Wintemute

Firearm-related criminal violence remains an important threat to the nation’s health and safety. To help prevent firearm violence, federal statute prohibits felons, those convicted of domestic violence misdemeanors, and certain others from acquiring or possessing firearms. Persons who acquire firearms from licensed gun dealers and pawnbrokers must provide identification and undergo a background check to verify that they are not prohibited persons. A permanent record is kept, in case the firearm is later used in a crime. But perhaps 40% of all firearm acquisitions, and at least 80% of those made with criminal intent, are made from private parties. No identification need be shown; no background check is conducted; no record is kept. Identifying prohibited persons through background checks and denying their firearm acquisitions has been shown to reduce their risk of committing new firearm-related or violent crimes by approximately 25%. Policies that require all firearm transfers to be routed through licensed retailers, so that background checks are completed and records are kept, are in effect in six states. Their feasibility is proved. At gun shows in states where such policies are in effect, direct private-party firearm transfers rarely occur. Comprehensive background check policies have been shown to disrupt firearm trafficking and to yield more accurate, up-to-date firearm tracing information for law enforcement. The impact of state-level policies, however, is blunted by firearm trafficking from states where such policies are not in effect.

Davis, CA: Violence Prevention Research Program, University of California, Davis. 2013. 58p.