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'Forty percent of guns don’t go through background checks' Lie Debunked

Wednesday, August 5, 2015

'Forty percent of guns don’t go through background checks' Lie Debunked

The claim that 40 percent of gun sales do not go through a federal background check is false and comes from a decades-old survey that has been widely debunked.

  • Media outlets including the Richmond Times-Dispatch and the Washington Post have concluded that this claim is false.  Washington Post gave the claim 3 out of 4 Pinocchios for being way off target.
     
  • Most of the survey covered sales before a federal background check system existed.
     
  • The 1994 survey was conducted eight months after the Brady Act went into effect, mandating background checks on individuals seeking to buy firearms from federally licensed dealers. Survey participants were asked about their gun acquisitions going back two years. Some of the participants likely made gun purchases before the Brady Act, when they were not required to undergo federal background checks.
     
  • Self-reports are inherently unreliable – not actual data of sales.
     
  • Only a small group of gun owners — 251 people — answered the survey question about the origin of their weapons. Some of the gun owners were not sure how they had gotten their guns, answering “probably” or “probably not” on whether they got the gun from a licensed firearm dealer.
     
  • Additionally, the federal survey simply asked buyers if they thought they were buying from a licensed firearms dealer. While all Federal Firearm Licensees (FFLs) do background checks, only those perceived as being FFLs were counted. Yet, there is much evidence that survey respondents who went to the smallest FFLs, especially the “kitchen table” types, had no idea that the dealer was actually “licensed.” Many buyers seemed to think that only “brick and mortar” stores were licensed dealers, and so the survey underestimating the number of sales covered by the checks.
     
  • The researchers gave this number for all transactions, including gifts, not just “sales.” Count only guns that were bought, traded, borrowed, rented, issued as a job requirement or won through raffles, and 85 percent went through federally licensed gun dealers; just 15 percent would’ve been transferred without a background check.
     
  • Economist John Lott, the author of several landmark studies on the real-world impact of gun control, has concluded that if you take out transfers of guns either between FFLs or between family members, the remaining number of transfers falls to about 10 percent. Lott stated, “We don’t know the precise number today, but it is hard to believe that it is above single digits.” (http://www.buckeyefirearms.org/op-ed-truth-background-checks)

Facts on “how criminals get their guns”:

How criminals get guns— According to the Bureau of Justice Statistics, the vast majority of criminals in state prison for gun crimes get guns through theft, on the black market, from a drug dealer or “on the street.” Less than one percent get guns from gun shows.

Straw purchasers— According to the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), “The most frequent type of trafficking channel identified in ATF investigations is straw purchasing from federally licensed firearms dealers. Nearly 50 percent . . . .” Straw purchasers are people who pass background checks and buy guns for criminals, defeating the background check system.

Stolen guns— According to the BJS, “about 1.4 million guns, or an annual average of 232,400, were stolen during burglaries and other property crimes in the six-year period from 2005 through 2010.” The FBI’s stolen firearm file contained over 2 million reports as of March 1995.The BATFE has reported “Those that steal firearms commit violent crimes with stolen guns, transfer stolen firearms to others who commit crimes, and create an unregulated secondary market for firearms, including a market for those who are prohibited by law from possessing a gun. ”Even gun control supporters have said, “approximately 500,000 guns are stolen each year from private citizens. . . . Obviously, these stolen guns go directly into the hands of criminals. ”A study conducted by gun control supporters found that in 1994 “About 211,000 handguns and 382,000 long guns were stolen in noncommercial thefts that year, for a total of 593,000 stolen firearms.”

 

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Monday, April 13, 2026

Virginia: Gov. Spanberger’s (D) Approval Tanks after Radical Anti-gun Legislative Session

It’s only two months into one-party Democrat rule in the Old Dominion, and Virginians don’t like what they’re seeing.

Australia’s National Gun Buyback Already an “Extinct Policy”

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Monday, April 13, 2026

Australia’s National Gun Buyback Already an “Extinct Policy”

The ineffectual virtue-signaling that so-called gun “buybacks” represent is finally being exposed on a global level, given the massive problems with the Canadian, and now the Australian, federal government gun bans and grabs.

Maryland: Semi-Auto Ban Goes to Governor’s Desk

Friday, April 10, 2026

Maryland: Semi-Auto Ban Goes to Governor’s Desk

Today, the generally assembly passed SB 334, a ban on many common semi-automatic handguns, it now heads to the governor’s desk

Virginia: Governor Spanberger Signing Away Your Rights

Friday, April 10, 2026

Virginia: Governor Spanberger Signing Away Your Rights

Today, April 10th, Governor Spanberger met the expectations of her anti-gun allies, signing two bills into law. This action sets the tone for what may come next as she has until April 13th to render a ...

We Can Relate: Digital Culture Rues Targeting of Neutral Technology, Innocent Users

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Monday, April 13, 2026

We Can Relate: Digital Culture Rues Targeting of Neutral Technology, Innocent Users

The rapid expansion of regulations targeting 3D printed firearms is increasingly raising justifiable concerns apart from the Second Amendment community.

Sacré Bleu! French Gun Owners Exposed in Government Data Breach

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Monday, April 13, 2026

Sacré Bleu! French Gun Owners Exposed in Government Data Breach

In a development that will shock absolutely nobody acquainted with the realities of gun control, there was another security breach of firearm owner data maintained by a government agency.

Virginia: Spanberger Bill Threatens to Ban Most Centerfire Semi-autos, Devastate Right-to-Carry!

Wednesday, April 15, 2026

Virginia: Spanberger Bill Threatens to Ban Most Centerfire Semi-autos, Devastate Right-to-Carry!

As bad as the Democrat-controlled Virginia General Assembly’s ban on commonly-owned semi-automatics is, phony moderate Gov. Abigail Spanberger (D) is seeking to make it even worse.

California: Anti-Gun Legislation Scheduled for Committee Hearings Next Week!

Thursday, April 9, 2026

California: Anti-Gun Legislation Scheduled for Committee Hearings Next Week!

On Monday, April 13th at 10:00 AM, the Senate Committee on Appropriations will hear Senate Bill 948, legislation aimed at dramatically expanding the scope and requirements of California's Firearm Safety Certificate.

Virginia: Spanberger Offers Fake Adjustments, Real Infringements on Virginia Gun Rights

Tuesday, April 14, 2026

Virginia: Spanberger Offers Fake Adjustments, Real Infringements on Virginia Gun Rights

Fresh off the heels of receiving one of the most abysmal approval ratings for a modern Virginia Governor, Abigial Spanberger has doubled-down and signed several pieces of anti-Second Amendment legislation.

Kansas: Legislature Adjourns Sine Die from 2026 Session, Governor Signs Suppressor Bill!

Monday, April 13, 2026

Kansas: Legislature Adjourns Sine Die from 2026 Session, Governor Signs Suppressor Bill!

On Saturday, April 11th, the Kansas Legislature adjourned sine die from the 2026 legislative session. 

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Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.