Background Checks for all Gun Buyers and Gun Violence Restraining Orders: State Efforts to Keep Guns from High-Risk Persons

Abstract

There were more than 36,000 firearm-related deaths in the U.S. in 2015. Under federal law, a background check is required only for gun purchases from licensed dealers. Research suggests that some persons prohibited from owning a gun turn to private sellers, including those identified online, to attempt to obtain a firearm. State-level approaches to make it more difficult for high-risk persons to purchase or possess firearms include universal background check (UBC) and gun violence restraining order (GVRO) laws. UBC laws, on the books in 18 states as of the end of 2016, can reduce both homicide and suicide rates. After Colorado adopted a UBC law in 2013, the number of background checks conducted by private sellers for sales occurring at places other than gun shows steadily increased. GVRO laws give law enforcement and families the authority to petition a court to temporarily remove firearms from an individual who presents a danger to himself or others during times of crisis, regardless of whether that person has been diagnosed with a mental illness. California enacted a GVRO law in 2014. Data are emerging to suggest the effectiveness of GVRO-type laws at averting suicides and providing an entryway to services.

Comprehensive background check policy and firearm background checks in three US states

“…The Colorado Bureau of Investigation compiled data on background checks for private transaction, but only beginning 1 year prior to the implementation of their CBC policy (data used in Vernick et al 30). The NICS dataset reports background checks for private party transactions, but only after the implementation of CBC policies.…”

The Science of Gun Policy: A Critical Synthesis of Research Evidence on the Effects of Gun Policies in the United States, Second Edition

“…However, ERPOs rely on observed behavior to identify those at elevated risk of committing firearm violence. If individuals who pose a high risk of violence can be correctly identified as such by simply observing their behavior rather than relying on specific criminal or mental health histories, then ERPO laws could decrease suicides and homicides among this population over and above the suicides and homicides prevented by existing prohibited purchaser laws (Vernick, Alcorn, and Horwitz, 2017).…”

State Firearm Laws and Interstate Firearm Deaths From Homicide and Suicide in the United States

“…Licensing laws, however, have been associated with a 15% to 23% decrease in firearm suicide. 23,36 Studies have yet to establish the efficacy of other legal strategies for preventing suicide, such as gun restraining orders. 36 Based on the LCPGV methodology, we rated each state 0 to 2 in each of 6 areas, with stronger policies receiving 2 points and more lenient regulations receiving 1 point (Table 1).…”