America isn’t protecting its kids and teens from gun violence

“In 2020, gun violence surpassed traffic accidents, cancer, suffocation, and poisoning as the leading cause of death among children and teens. That makes the US exceptional: In no other wealthy or similarly sized country is gun violence one of the top four causes of death among children and teens, let alone the leading one, according to a 2022 analysis by the Kaiser Family Foundation. That analysis also showed that the US accounts for 97 percent of all child and teen firearm deaths among its peer countries.
Most of those US deaths are caused by assault, with 3.6 children and teens per 100,000 dying on that account in 2020. By comparison, 1.7 and 0.3 per 100,000 children and teens died from firearm suicide and unintentional or undetermined firearm-related causes, respectively.

Children and teens in the US also experience ongoing secondary effects from gun violence, even if they are not injured in a shooting. Researchers at Penn Medicine found in a 2021 study of more than 2,600 shootings that there was a significant spike in emergency department visits for mental health issues among children after neighborhood shootings, with the most acute effects observed among children living closest to the site of the shooting and those who have witnessed multiple shootings.”

Tennessee just strengthened background checks for guns. They’re still weak.

“The executive order represents incremental progress in a state with some of the laxest gun laws in the country, and comes just as two lawmakers previously expelled from the state legislature for participating in a gun control protest return to their posts.
It requires that new criminal history information and court mental health information be reported within 72 hours for purposes of including it in the state’s background check system. It also directs the Tennessee Bureau of Investigation to evaluate how its background check system can be improved.

But it still leaves gaping holes in a background check system. It also wouldn’t have stopped the Nashville shooter, who bought their guns legally from five different local gun stores and had no history of contact with law enforcement or commitment to an institution that would have been flagged on a background check.

The governor has separately called for the state legislature to pass a red flag law, also known as an extreme risk protection law, under which individuals believed to pose a danger to themselves or others can be barred from possessing firearms. But it’s not clear that there is the political will to do so among Republicans in the state, who have in recent years removed permit requirements to carry a handgun in public and pushed legislation that would loosen restrictions on carrying guns on school campuses.”

“The new executive order doesn’t fill a major gap in Tennessee’s background check system: Current law doesn’t require background checks for private gun sales, ones where there isn’t a licensed dealer involved. Those sales can occur at gun shows or online marketplaces such as Armslist. According to an Everytown analysis of 2018 gun ads on Armslist, one in eight prospective buyers in Tennessee wouldn’t have passed a background check.

Currently, 14 states require universal background checks on all gun sales, including those that occur online.”

Biden bypasses Congress as he tries to tamp down gun violence

“The executive action directs Attorney General Merrick Garland to address a background check loophole by clarifying the definition of “engaged in the business” of selling firearms. The Bipartisan Safer Communities Act passed last summer updated federal law, requiring anyone who sells guns for profit to be licensed and conduct background checks on buyers. By clarifying who qualifies as a gun dealer, the federal law will require a greater number of sellers to conduct background checks on prospective buyers.
Biden’s latest gun policy rollout, which he announced at the Boys & Girls Club of West San Gabriel Valley, comes amid a deadly year. Almost four months into 2023, there have been 109 mass shootings in which four or more people were injured or killed, according to the Gun Violence Archive. As the violence continues even after the passage of the first gun legislation in 30 years, major gun safety groups have pleaded with Biden to act alone as Congress appears unlikely to reach further compromise on the issue.”

“The executive order also directed members of Biden’s Cabinet to focus on raising public awareness of red flag laws and safe storage of guns and to address the loss and theft of firearms, the official said. The president also took additional steps aimed at holding gun manufacturers accountable, including by encouraging the Federal Trade Commission to analyze and report how gun manufacturers market firearms to minors.”

Why Most Gun Laws Aren’t Backed Up By Evidence

“The Dickey Amendment, first attached to the 1996 omnibus spending bill, for example, famously prevented the Centers for Disease Control and Prevention from funding gun violence studies for decades. A new interpretation of that amendment in 2018 changed that, but Dickey wasn’t the only thing making it hard to study gun violence.
Instead, the researchers told me, the biggest impediment to demonstrating whether gun control policies work is the way politicians have intentionally blocked access to the data that would be necessary to do that research.”

More People Are Buying Guns. Fewer People Are Getting Background Checks.

“The share of background checks the FBI never completes has ticked up slowly since 2014, the first year on record, when it processed 8,256,688 checks and didn’t complete 172,879, or just under 2.1 percent.
But by 2019, the bureau was failing to complete about 2.5 percent of the background checks it processed, and it didn’t finish almost 3.4 percent in the first nine months of 2020.

Those numbers only include gun background checks run by the FBI, so they don’t count the 20 states that process some or all background checks themselves. It’s also important to remember that the number of background checks isn’t the same as the number of guns sold — many are also run when people apply for gun permits, for example, or when states check on the status of gun permit holders. A single background check can also represent multiple gun sales.”

“The FBI responds to most gun background checks with an immediate “yes” or “no.” But sometimes, it has to delay the check to do more research because its records are incomplete. After three business days, the dealer can sell the gun anyway. Many, including large chains like Walmart, choose not to. But ones that do don’t have to tell the FBI about it.

In an average year, almost 275,000 background checks take longer than three business days. In 2020, there were 535,786 such checks, according to FBI data. That number doesn’t include background checks for things like concealed-carry permits or explosives licenses, which aren’t subject to the three-business-day rule.”

“after 90 days, the bureau’s regulations require it to stop work and delete the background check from its computers. To make sure it doesn’t violate that policy, the bureau actually deletes unfinished background checks on day 88 just to be safe.

In the first nine months of 2020, the FBI deleted 316,912 unfinished background checks — 3.4 percent of all the checks it processed. In an average year, it deletes about 202,000. Again, this only includes background checks that are subject to the three-business-day rule.

If the FBI discovers that the potential buyer can’t own a gun in between day three and day 88, it contacts the dealer to see if the sale went through anyway. If it did, the FBI asks the Bureau of Alcohol, Tobacco, Firearms and Explosives (the ATF) to retrieve the weapon.

Between 2014 and 2019, there were on average at least 3,800 of these so-called “delayed denial” sales annually, according to ATF data obtained by the gun-control advocacy group Everytown for Gun Safety. But there were at least 5,807 in all of 2020, according to the ATF data — the most since 2006, the first complete year on record.”

“Asked why it didn’t finish so many background checks in 2020, the FBI said in a statement that it “depends on the availability of relevant information and records provided by federal, state, local, and tribal agencies.” The bureau also said that it has “reallocated resources to help ensure that it can continue processing background checks efficiently.”

Gun sales have surged since April 2020, thanks, at least in part, to the pandemic, protests last summer for racial justice and the election of President Biden in November. The FBI data shows how the background check system has struggled to keep up. And, at this point, it’s unclear when the problem is going to get better.”