The Brady Law, which was enacted by Congress in 1993, requires a criminal background check of the purchaser on all firearms sales by federally licensed firearms dealers. However, dealer sales only account for about 60 percent of all firearms transfers.¹ The remaining 40 percent of firearms transfers, an estimated 5.45 million transfers a year, occur on unregulated secondary markets not subject to Brady background checks. Secondary markets include gun shows, flea markets, estate sales and garage sales, firearms sales over the Internet, and firearms sales through classified ads in newspapers. Firearms sales by unlicensed sellers through these unregulated secondary markets put Iowans and all Americans at increased risk of gun violence.

It should come as no surprise that studies show that unregulated secondary markets are a primary source of guns for criminals. A recent study by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)² found that 89 percent of guns used in crime had changed hands at least once on secondary gun markets before being used in a crime. Only 11 percent of crime guns could be traced to the original purchaser from a licensed firearms dealer with a criminal background check.

The potential benefits of the Brady Law are being undermined by firearms sales by unlicensed sellers on secondary markets. Consider an airport security system in which only 60 percent of the passengers are required to pass through metal detectors and have their carry-on baggage screened before being allowed to board the airplane. The other 40 percent of passengers are allowed to board the airplane without going through metal detectors or having their baggage screened. And furthermore, the passengers get to decide which way to go to get on the airplane. Would such a system would be effective? Of course not. It would be a huge failure and everyone would know why. Not all passengers are screened.

Unfortunately, the implementation of the Brady Law has been similar to an airport security system that only subjects 60 percent of the passengers to the screening process. It has not been as effective as it could be, and everybody knows why. Not all gun purchasers are subjected to criminal background checks.

Proposed Legislation

It would be preferred that Congress enacts federal legislation that would extend Brady background checks to all firearms sales. In the absence of action by Congress, the Iowa General Assembly should enact legislation that would regulate secondary gun markets by requiring that all firearms sales between one or more unlicensed sellers be conducted through a federally licensed firearms dealer and meet all federal and state laws. This legislation would ensure a criminal background check on all legal firearms transfers in Iowa.

The proposed legislation provides exemptions for antique firearms and firearms transfers between family members.

The simplicity of the proposed legislation is that it would use existing federal structure – the network of federally licensed firearms dealers and the National Instant Criminal Background Check System (NICS). It would require no new state resources.

Public opinion surveys show that the vast majority of Americans support background checks on firearms sales. A poll conducted by Frank N. Magid Associates, Inc., for IPGV in January 2003 found that 87 percent of adult Iowans, including 8 out of 10 gun owners, supported legislation then pending in the Iowa legislature that would require a criminal background check on all firearms sales at gun shows. Support was higher among women (93%) than men (81%). Among registered voters, 93 percent of Democrats, 80 percent of Republicans, and 90 percent of Independents supported the legislation. Support was essentially equal between urban respondents (86%) and rural respondents (88%).