Fixing the Background Check System to Prevent Violence Against Women February 2013
Mayors Against Illegal Guns Bipartisan coalition founded in 2006 by NYC Mayor Michael Bloomberg and Boston Mayor Tom Menino More than 850 Mayors from 45 states 1.2 million grassroots supporters Largest gun violence prevention advocacy organization in the U.S.
The Role of Guns in Domestic Violence Women in the U.S. are 11 times more likely to be murdered with guns than women in other developed nations. The presence of a gun in DV situations increases the risk of homicide for women by 500 percent.
The Role of Guns in Domestic Violence Over the past 25 years, more intimate partner homicides in the U.S. have been committed with guns than with all other weapons combined.
A Large Share of Gun Violence in America is Domestic Violence More than half (54%) of women murdered with guns in the U.S. in 2010 were killed by intimate partners or family members.
A Large Share of Gun Violence in America is Domestic Violence More than half of mass shootings involve DV. In at least 32 of the 56 (57%) mass shootings between Jan. 2009 and Jan. 2013, the shooter killed a current or former intimate partner or family member.
Federal Laws to Keep Guns Out of the Hands of DV Offenders Federal law prohibits 3 categories DV offenders from purchasing or possessing firearms: (1) anyone convicted of a felony or a crime punishable by one year imprisonment
Federal Laws to Keep Guns Out of the Hands of DV Offenders (2) anyone subject to a DV restraining order (3) anyone convicted of a misdemeanor crime of domestic violence
Federal Laws to Keep Guns Out of the Hands of DV Offenders Federal definitions: intimate partner excludes dating partners MCDV definition slightly more expansive to include those similarly situated
Federal Laws to Keep Guns Out of the Hands of DV Offenders Federal definitions: restraining orders must be issued after actual notice and opportunity to be heard MCDV offenders must have been represented by counsel or knowingly and intelligently waived right
States Laws to Keep Guns Out of the Hands of DV Offenders State gun purchaser prohibition laws State definitions broader than federal States standards for carrying concealed loaded weapons screen out DV offenders
Background Checks Keep Guns Out of DV Offenders Hands Since 1999, the National Instant Criminal Background Check System (NICS) has blocked more than 2 million attempted gun sales to prohibited buyers DV prohibitions are second only to felonies as a basis for NICS denials of gun sales at licensed dealers.
Background Checks Keep Guns Out of DV Offenders Hands Between 1998 and 2012, the FBI denied 143,852 gun sales based on MCDVs or restraining orders (15% of total denials). This does not include the unknown total number of attempted buys by DV offenders stopped by state/local agencies in 21 point-of-contact states.
But the Background Check System is Broken The private sale loophole makes it easy for dangerous domestic abusers to avoid background checks and buy guns. Unlicensed private sellers -- including those at gun shows or online -- are not required under federal law to run background checks on buyers.
Criminals Can Exploit the Private Sale Loophole In 2012, an estimated 6.6 million guns were exchanged through private transfers without a criminal background check. That s more guns than there are seats in every major league sports stadium in the U.S. combined.
The Private Sale Loophole in the Digital Age The internet has created a vast virtual gun show In Dec. 2012, there were more than 25,000 guns for sale on Armslist.com alone. More than 90% of listings were placed by private sellers.
The Private Sale Loophole in the Digital Age In 2011, the City of New York conducted an undercover investigation of illegal online gun sales 62% of online private sellers were willing to sell to someone who said he probably couldn t pass a background check
The Private Sale Loophole Leads to Tragic Results Zina Haughton s murder in a mass shooting in Brookfield, WI, in October 2012 80% of surveyed criminals incarcerated for gun crimes got their guns through private transfers
Records Missing from NICS Prohibited DV offenders might still pass background checks at dealers if the relevant records were not submitted to NICS States appear to have difficulty submitting criminal records of MCDVs It is difficult to evaluate state reporting of protective orders to NICS
Background Checks Save Women s Lives The number of women shot to death by an intimate partner is 38 percent lower in states that closed the private sale loophole for handguns.
Number of Women Murdered by Intimate Partners Per Million Female Residents
Solution: Fix Gun Checks The Fix Gun Checks Act (H.R. 137) will: require a background check for every gun sale, and make sure states and federal agencies submit relevant DV records to NICS
Solution: Fix Gun Checks Private sellers would meet at licensed dealers, who would run the checks Certain transfers (e.g. family gifts, temporary loans for hunting or selfdefense) would be exempt
Americans Support Background Checks 92% of Americans (NYT/CBS 2013) 82% of gun owners, including 74% of NRA members (Luntz/MAIG 2012) Ten national police organizations More than 850 mayors
Legislative Update State of bill negotiations Key targets as of February/March
Let s Make Congress Fix Gun Checks Letters to Members (we have templates!) Grassroots calls and emails District office meetings Op-eds and other media