The murders that took place at Sandy Hook Elementary focused America’s attention on the matters of guns, violence and mental illness. The attention has faded substantially, as it always does after terrible events. However, politicians, pundits, and interested parties have remained focused on these matters.
As might be imagined, there is a renewed will to pass new laws regarding guns. For the most part, the focus has been on the usual suspects: assault rifles, large capacity magazines, and the “loophole” that allows citizens to sell guns to people without background checks. I have written about semi-automatic weapons and large capacity magazines before, so I will focus on the loophole in question.
In general, when a person goes to a gun store to buy a gun, she has to pass a background check. This process is fairly quick, so a person can usually walk into a Walmart or other place that sells guns and walk out with a shotgun or rifle. Pistols typically require a waiting period, which has always struck me as a bit odd. I’ve actually worked in a gun store and have bought guns, so I have seen this process from both sides. I have never seen anyone fail the background check, but that is most likely because folks who would fail the check generally know they will do so. Also, some of the folks who would fail a background check can probably just get guns through illegal channels. However, no doubt some people do fail the check and are denied the gun they want to buy.
The rules are rather different when a person is buying a gun from a private citizen (that is, someone who is not selling firearms as a dealer). If I have a gun I want to sell and Calamity Jane wants to buy it, I can sell it to her with no waiting period and no background check. That is, she could just saunter over to my house, toss down some cash, and saunter away with the gun. This is, currently, perfectly legal.
This “loophole” is sometimes called the “gun show loophole” because individuals often go to gun shows to sell or trade firearms. While dealers still need to make checks at gun shows, individuals do not. It is, not, however, limited to gun shows.
While this might seem odd, it actually is not that much different from other businesses. For example, if I want to run a business, I would typically need a license and I would face various regulations and restrictions. However, if I want to sell my truck, laptop, or dog to someone, I can do that with little in the way of regulation as long as I am acting as an individual and not as a business owner. The idea that a person has a right to sell her property in this manner is rather well-established and is a key part of the rights of property that are fundamental to a free society (in which almost nothing is free).
Getting back to the sale of guns by private individuals, a restriction on this would seem to violate this basic right. After all, guns are not illegal and hence reselling a gun would not be comparable to an individual dealing in an illegal product like heroin or chemical weapons. However, some folks are rather concerned about this right.
The obvious concern is that someone who would not pass a background check, such as someone with the wrong sort of criminal record, would be able to bypass the check by buying a gun from another individual. Thus, by allowing individuals to sell (or give away) guns without a background check, the background checks become all but useless since they can be easily avoided by anyone who can find someone who will sell him a gun. As some folks see it, the solution is to not allow guns to be sold without such background checks.
Since private citizens generally lack the means to run such checks (and it would be a violation of privacy to simply allow everyone to check on everyone else), this would entail that all gun sales would have to be conducted in a way that would allow such a check to take place, such as by having the transaction occur through a licensed dealer. Presumably this would also have to extend to gifts and inheritances-after all, those are also ways a person could get a gun without having a background check. This would, of course, be somewhat inconvenient. However, it might be worth it, provided that it had a significant impact on crime.
On the one hand, it would seem that it would have at least some effect. After all, it would make it somewhat harder for people who could not pass a background check to get a gun via legal means.
On the other hand, the effect might be rather limited. After all, anyone who knew about the law, was law-abiding and would pass a background check would go through this process to get a gun. But they are the sort of people who could just buy a gun directly from a dealer and also the sort of people who are unlikely to commit gun crimes. Those who would not pass the check could still acquire guns in other ways, such as the various illegal ways (theft, illegal gun sales, and so on). Another rather important concern is that the murders that have served to refocus attention on gun laws would not have been prevented by closing this “loophole.” After all, the killer at Sandy Hook would not have been prevented from getting those guns by a closing of this loophole. However, it is worth determining what impact such a law would have on violence. If it would reduce crime, then it might be worth the inconvenience. Likewise, making tougher restrictions on driving (such as not allowing people to drive when they could walk, bike or run) could save lives-but the question is whether we think it is worth the inconvenience.