Email (excerpted), response from Sean Rushton, communications director, U.S. Sen. Ted Cruz, Jan. 31, 2013

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Even if 18 states were requiring background checks at that time, that means 32 states were not and the federal government wasn't either at that time. Thus, the 40% figure is highly dubious because it is not an accurate reflection of the number of gun transactions without background checks that are happening today--when the Brady Act requires background checks for federally licensed dealers across the entire nation.