In 2012, the FBI began accepting records identifying people who are prohibited from acquiring or possessing firearms under state, as well as federal, law into the FBI databases used for firearm background checks. State laws have an important role to play in keeping this system running smoothly and efficiently. However, federal law merely provides a floor, and has notable gaps that allow some individuals who have demonstrated significant risk factors for future violence or self-harm to legally acquire and possess guns. Since the effective date of the Brady Act in 1994, background checks have blocked over 3.5 million attempted gun sales, transfers, or firearm permit applications to individuals who could not legally access a firearm, while still approving 98.5% of firearm background check inquiries. Zeoli, et al., “Analysis of the Strength of Legal Firearms Restrictions for Perpetrators of Domestic Violence and Their Associations With Intimate Partner Homicide,” American Journal of Epidemiology 187, no. The FBI’s NICS background check system helps to ensure that people subject to these restrictions cannot pass a background check to obtain a firearm-at least in circumstances when a background check is legally required and relevant records have been properly submitted to the background check system.Ī. Under federal law, a person is generally prohibited from acquiring or possessing firearms if, among other things, they have been convicted of certain crimes or become subject to certain court orders related to domestic violence or a serious mental condition. Backgroundįederal law establishes a baseline national standard regarding individuals’ eligibility to acquire and possess firearms. State laws may also establish additional, stronger eligibility standards. Under federal law, meeting certain criteria, such as criminal convictions and court orders, can prohibit individuals from passing a background check. Our laws contain notable gaps that allow individuals who have demonstrated a significant risk of violence to possess firearms.īackground check laws are crucial to protecting public health and safety by preventing people from acquiring firearms when they have a significant history of harming themselves or others or are otherwise at elevated risk of violence.