Universal Background Checks

It’s a true fact that people kill people, not guns. However, people use guns to kill people. So then, it would be understandable to think that it is necessary to control who can get guns. But yet, a large number of guns are sold to people whose backgrounds aren’t checked. This means America isn’t completely controlling who all can get guns — nobody is. While universal background checks seem like common sense, gun lobbyists say that criminals could just get their guns from the black market so there is no point controlling all gun sales (Sullum). Despite this, if the checks stopped only one person, they would be effective. The solution to the problem regarding controlling all gun sales is a simple one — implement universal background checks.

To begin, there are some federal laws that are constant in every state but, states are allowed to make their own laws. One of these federal laws is the Brady Act. The Act requires all licensed gun sellers to run a background check on their buyers and they also have to record the sale. While the federal law only requires this on licensed sales, some states have implemented universal background checks. A universal background check requires a background check on all gun sales, not just licensed ones. Some of these states include: California, Colorado, Connecticut, Delaware, and 8 more. Another federal law is that a person must be 21 to purchase a handgun and must be 18 to purchase a rifle or shotgun. Something else that isn’t necessary a law per say but is instead a loophole. This would be what is known as the “Gun Show loophole.” Contrary to its name, it is not only a gun show loophole, but more of a private sale loophole. This loophole allows guns sold at gun shows or for example on the internet, to be sold without a background check being needed; “‘According to the US Department of Justice, because federal law fails to require background checks by every person who sells or transfers a gun—known as universal background checks–’individuals prohibited by law from possessing guns can easily obtain them from private sellers and do so without any federal records of the

This act required a five day waiting period for sales of handguns to unlicensed persons. During this five day period, state and local law-enforcement are required to check the background of the individual before the sale can go through. This went into effect on February 28, 1994. After being struck down in 1997 by the Supreme Court, the FBI created the NICS or National Instant Criminal Background Check System. While the 5 day period part of the act only applied to handguns, the new NICS part applies to all firearm sales. The NICS works in a way that if you have a clean background, your sale could go through quickly whereas if something pops up in the NICS, will sort of work how the original act worked. The Act works like this, “You’ll have to complete Form 4473, which includes 16 questions relating to your background, drug use, and criminal history. The gun store will then contact NICS online or by phone and supply your answers, and your Social Security