Explore The NRA Universe Of Websites

APPEARS IN News

Brady's Fuzzy Math on NICS Denials

Friday, February 28, 2014

The Brady Campaign released a report this week claiming that in its first 20 years, the NICS background check system has blocked more than 2.1 million gun purchases.  Brady would have you believe each of those denials prevented a dangerous person from getting a gun.  They would also have you believe their numbers prove the system should be expanded to include all firearm transfers, rather than just those occurring between licensed dealers and their unlicensed customers, as is the case now.

The problem for Brady is their claims simply do not tell the whole story, and the truth does not support their recommendations.

Everyone agrees that keeping firearms away from dangerous people is a good idea.  Although Brady does not tell you that many thousands of the denials it cites were false positives, we'll stipulate that many dangerous people undoubtedly have been turned away from licensed dealers empty-handed after a NICS checks.  But the story doesn't end with the denial.

A denial should indicate that a prohibited person tried to obtain a gun, and lied about his eligibility to the dealer.  That's a crime.  Thus, you would imagine the federal government would be interested in ensuring the people who are denied did not get away to pursue the many other options available to get a gun.  That is not, however, what the numbers show.

Out of 72,659 NICS denials in 2010, for example, only 62 led to federal prosecutions.  Of these prosecutions, only 13 led to convictions.  So what happened to the other 72,647 people who were denied?

One possibility, as we've mentioned, is that some of those persons should never have been denied in the first place.  In that case, NICS didn't enhance public safety, it merely stood in the way of someone exercising a constitutional right.

Assuming for the sake of argument the rest of the people really were dangerous enough not to be trusted with firearms, they still had other options to get them.  And if you talk to the criminals themselves, these alternatives are the primary means by which they obtained their firearms. 

According to a 2004 survey of state prison inmates who possessed a firearm at the time of their offense, 37.4% obtained the firearm through a relative or friend, and 40% obtained it directly through various criminal means.  Meanwhile, only 11.3% obtained the firearms in retail sales that might have involved a background check through a licensed dealer.

Moreover, even if background checks applied to every sale, that still wouldn't stop the common practice of straw purchases, where a person who can pass the background check acquires the firearm for someone who can't.

In the final analysis, Brady's numbers are not so impressive, nor do they argue for expanding a system that most criminals have already learned to circumvent.

TRENDING NOW
Trump Administration Revives Federal Firearm Rights Restoration Provision

News  

Friday, March 21, 2025

Trump Administration Revives Federal Firearm Rights Restoration Provision

On March 20, the U.S. Department of Justice (DOJ) published an interim final rule entitled, Withdrawing the Attorney General’s Delegation of Authority. That bland title belies the historic nature of the measure, which is aimed at reviving ...

Supreme Court Upholds ATF Rule on “Firearms,” Unfinished Receivers and Kits

News  

Monday, March 31, 2025

Supreme Court Upholds ATF Rule on “Firearms,” Unfinished Receivers and Kits

On March 26, in a 7-2 decision (with Justices Clarence Thomas and Samuel Alito dissenting), the United States Supreme Court upheld a Biden administration gun control rule on what constitutes a “firearm” under 18 U.S.C. ...

Colorado: FOID Bill On Governor Polis' Desk, More Gun Control On the Move

Wednesday, April 2, 2025

Colorado: FOID Bill On Governor Polis' Desk, More Gun Control On the Move

As the clock runs down on Governor Polis' 10-day window to veto Senate Bill 25-003, the semi-auto ban turned FOID-scheme bill, he continues to sit on his hands and let the bill gather dust on his ...

House Judiciary Committee Votes to Advance Concealed Carry Reciprocity Legislation

News  

Tuesday, March 25, 2025

House Judiciary Committee Votes to Advance Concealed Carry Reciprocity Legislation

On Tuesday, March 25, 2025, the House Judiciary Committee held a markup for several bills, including two NRA-backed bills. With this crucial step in the legislative process now complete, these pieces of legislation can now ...

Legislation Introduced to Prevent States from Taxing Guns and Ammunition

News  

Wednesday, April 2, 2025

Legislation Introduced to Prevent States from Taxing Guns and Ammunition

Last week, U.S. Senator Jim Risch (R-ID) and U.S. Representatives Darrell Issa (R-CA-48) and Richard Hudson (R-NC-9) reintroduced the Freedom from Unfair Gun Taxes Act (S.1169 and H.R.2442 respectively). This legislation would prohibit states from ...

Maine: Bipartisan Coalition Deals Major Blow to Gun Control Bills in Committee

Friday, April 4, 2025

Maine: Bipartisan Coalition Deals Major Blow to Gun Control Bills in Committee

On Thursday, April 3rd, the Joint Standing Committee on Judiciary held work sessions on several gun-related bills. 

Reported Israeli Gun Owner Data Leak Exposes Danger of Registries

News  

Monday, March 24, 2025

Reported Israeli Gun Owner Data Leak Exposes Danger of Registries

According to a recent report from Israeli newspaper Haaretz, Iranian-linked hackers were able to penetrate Israel’s databases containing sensitive gun owner data and leaked the information online in early February.

Oregon: Permit-to-Purchase and FFL-Killer Bills Vote Delayed in Committee

Thursday, April 3, 2025

Oregon: Permit-to-Purchase and FFL-Killer Bills Vote Delayed in Committee

Yesterday, House Bill 3075 and House Bill 3076 were scheduled for a vote in the House Judiciary Committee. During the work session, the Committee Chair announced that the vote on these bills would be delayed until today, April 3rd, or ...

Canada: A Fresh Gun Ban as Trudeau Exits

News  

Monday, March 17, 2025

Canada: A Fresh Gun Ban as Trudeau Exits

Just three months ago, Canada’s Liberal government announced that an additional 324 so-called “assault-style” firearms had been added to the list of banned guns established under then-Prime Minister Justin Trudeau in 2020.

Rep. Hinson and Sen. Cotton Reintroduce Bill to Repeal Firearm Transfer Tax

News  

Thursday, April 3, 2025

Rep. Hinson and Sen. Cotton Reintroduce Bill to Repeal Firearm Transfer Tax

On April 1, 2025, Representative Ashley Hinson (R-IA-02) and Senator Tom Cotton (R-AR) reintroduced the Repealing Illegal Freedom and Liberty Excises Act, or the RIFLE Act. These bills (H.R. 2552 and S.1224 respectively) would remove a $200 excise tax that is imposed ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

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.