Firearm Reporting Resources
The basics of firearm function and policy
Lesson created by Stephen Gutowski
The Problem
The Solution
Semi-automatic vs Fully-automatic
Background Check “Loopholes”
Federal gun law applies to any and all commercial firearms transactions regardless of where or how the sale takes place. There is no special exception for gun shows or online sales.
A federally licensed firearms dealer (such as a gun shop) must conduct an FBI background check on all sales they’re involved in. However, used gun sales between two non-dealers (private sales) do not require a FBI background check by federal law.
Though federal law does not require private sales be subjected to an FBI background check, as of 2022, 14 states and the District of Columbia require their residents to obtain an FBI background check on sales between private parties.
Many gun-control advocates would like to adopt this policy at the federal level.
Named for the shooting in Charleston, South Carolina.
Gun purchases can either be approved, denied, or delayed for further investigation during a FBI background check. When they are delayed the sale can be held for up to 3 days. If the FBI does not deny the sale in that time the sale can go through.
However, the FBI does not stop investigating the purchaser if they’ve failed to make a determination after 3 days. If they determine the purchaser was a prohibited person after 3 days they can send the ATF to retrieve the firearm.
There were 2,265 delayed denial ATF referrals in 2010.
Interstate Handgun Sales
Gun Carry
Carrying a holstered firearm concealed underneath your clothing or elsewhere on your person. Most states no longer require a permit for concealed carry, though many still do.
Carrying a holstered firearm openly on your person. So long as the firearm is clearly visible most states don’t require a permit for open carry, though some ban the practice outright.
To display, handle, wave, or point a gun in a way that’s intended or, in some states, could be reasonably interpreted to threaten another person.
Gun-carry permits are not nationally recognized. Instead, states make reciprocity deals with one another to honor each other’s permits. Some jurisdictions, like DC, don’t recognize any other jurisdictions’ permits. Some jurisdictions, like Virginia, recognize all other jurisdictions’ permits. Most fall somewhere in between.
Locations where caring a gun is illegal even by somebody who has a valid permit to carry. All states have certain areas they designate as “sensitive places.” Most bar gun carry at schools, courthouses, and inside government buildings. However, some states designate many more areas off limits to gun carry. “Sensitive places” restrictions have become the forefront of the fight over gun rights in the wake of the Supreme Court’s decision in June 2022’s New York State Rifle and Pistol Association V. Bruen.
Different Permitting Systems
A permit is required but so long as the applicant passes the required training and background check they must be issued a permit by law. 15 states and the District of Columbia employ some kind of “shall issue” law (as of July 2023).
A permit is required but even if the applicant passes the required training and background check they can still be denied a permit. “May issue” laws were found unconstitutional by the Bruen decision.
No permit is required to concealed carry a handgun on your person. So long as you can legally possess a handgun, you can legally carry it. Though many states do have age restrictions for these policies which require adults to be over 21-years-old to carry. This type of law has gained popularity recently and is employed by 27 states (as of July 2023).
Gun Deaths
There were 21,175 gun suicides according to 2020 CDC data. That represented more than 53% of all gun deaths in the country.
The same data shows 536 gun deaths were the result of unintentional shootings.
CDC data shows there were 19,383 gun homicides in 2020, representing 43% of all gun deaths.
The 2020 FBI National Incident-Based Reporting System shows that there were 17,813 homicides. Of those, 13,663 were committed with firearms. 8,029 were committed with handguns. 455 involved rifles. 203 involved shotguns.
Knives and other cutting instruments were used in 1,739 murders. Hands, fists, or feet were used in 662. Blunt objects were used in 393.
The murder rate increased significantly between 2019 and 2022 but appears to be declining through the first half of 2023. Regardless, the breakdown in weapons usage has remained consistent in recent history.
Assault Weapon vs Assault Rifle
Technical term based on the function and features of the firearm.
From the Defense Intelligence Agency’s Small Arms Identification and Operation Guide:
Statutory term based mainly on cosmetic features and accessories. Definitions can vary from state to state.
Here is California’s definition:
Questions?
Email me at Gutowski@TheReload.com
Resources
Gun functioning�https://youtu.be/cxwPEL8winI
Assault Rifle vs Assault Weapon definitions�http://bulletpicker.com/pdf/DST%201110H-394-76,%20Small%20Arms%20ID%20Operations%20Guide%20Euraisian%20Communist%20Countries%20(Aug%201983).pdf�https://oag.ca.gov/firearms/regs/genchar2
Background checks�https://www.atf.gov/file/100871/download�https://www.atf.gov/file/58681/download�https://www.ncjrs.gov/pdffiles1/bjs/grants/239272.pdf
Interstate Firearms Transfers�https://www.atf.gov/resource-center/docs/0501-firearms-top-10-qaspdf/download
Gun Deaths�https://ucr.fbi.gov/crime-in-the-u.s/2019/crime-in-the-u.s.-2019/tables/expanded-homicide-data-table-8.xls�https://wonder.cdc.gov/controller/datarequest/D76;jsessionid=607DC5178215DC606376FD95B3FB�https://wonder.cdc.gov/controller/datarequest/D76;jsessionid=607DC5178215DC606376FD95B3FB�