Year of the Gun: 2016

The number of persons in the United States with concealed carry permits has reached an all-time high of close to 15 million.

This year is also on track as record-setting for firearm sales. National Instant Criminal Background Check System (NICS) figures from the FBI show that to date, the figures for each month this year have eclipsed monthly totals of a year ago, often by significant margins. This November has been no exception, with an increase of over 14 percent compared to the previous November, and November 25, “Black Friday,” is now the highest ranking day for NICS checks since the NICS system was established.

Although NICS checks data doesn’t correlate exactly with the number of firearms acquired in a given timeframe (there are other reasons why NICS checks may be performed, and the same person may buy several guns in a single transaction subject to one background check), NICS checks are required before a firearm may be acquired legally from a licensed firearm dealer and are a fairly reliable indicator of sales.

Yet, contrary to the apprehension and alarm expressed by gun-control groups, this expansion in gun ownership, permit-holders and permitless carry laws doesn’t correlate with an increase in violent crime. Permit holders, as a class, tend to be substantially more law-abiding than the general population. The Crime Prevention Research Center notes that the crime rate for the general population is 37 time higher than the rate for police officers, yet concealed carry permit holders “are convicted of felonies and misdemeanors at less than a sixth the rate for police officers.” Another source indicates that “more people were murdered by fists and kicks in 2015 alone than were murdered by firearm-wielding concealed-carry permit holders in the last ten years.” Overall, gun crime victimization is lower than it was 20 years ago. 

This may explain why gun-control efforts keep failing – most Americans understand that criminals are unlikely to bother obtaining a carry permit or indeed, to follow any other law. An August poll found that 58 percent of Americans believe gun ownership does more to protect people from becoming victims of crime than it puts people’s safety at risk.  

The next milestone? Legislation that would respect the rights of individuals who possess concealed carry permits in their home state, or who are not prohibited from carrying concealed in their home state, to exercise those rights in any other state. The concept of national reciprocity of carry permits has been formally endorsed by President-Elect Trump, and U.S. Rep. Richard Hudson, a Republican from North Carolina, has already announced plans to push forward a Concealed Carry Reciprocity Act of 2017 when the new Congress meets next year.

See Original NRA-ILA Article

Bill Introduced, Firearm Due Process Protection Act

On April 19th, new legislation to combat errors of the National Criminal Background Check System (NICS) was introduced by Representative Tom Emmer (R-MN). H.R. 4980, the Firearm Due Process Protection Act, affords those who are denied a firearm purchase an effective and expeditious means of correcting any misinformation that would erroneously cause such a result.

Due process is a fundamental pillar of the American constitutional system, and the NRA commends Rep. Emmer on his efforts in introducing this legislation.

In January, we reported on the alarming news that the FBI had “temporarily” suspended work on processing appeals of denials issued by NICS. The backlog of pending appeals at the time stood at 7,100. As we noted in that article, FBI data from 2014 showed that some 5% of the denials rendered by NICS that year were later overturned on appeal, meaning 4,411 people who had initially been erroneously denied were later able to vindicate their rights.

Rep. Emmers bill would address these problems in several ways. First, it would require the government to make a final determination on an appeal within 60 days after it received information in support of the claim. If the matter was not resolved within this timeframe, the individual would have the right to bring an action in federal court for a declaratory judgment on the person’s eligibility to receive and possess a firearm; a hearing would have to be held within 30 days after the action is brought.

To read more about this and other important gun legislation, visit www.nraila.org.