There are provisions in place that require Americans to undergo a background check before they purchase a firearm, but there are loopholes in the system that allow school shootings to take place as a result of someone in possession of a gun who did not undergo a background check.
“Since the enactment of the Brady Law on March 1, 1994, through Dec. 31, 2012, background checks blocked more than 2.4 million prohibited purchasers like domestic abusers, convicted felons, mentally ill persons and other dangerous individuals from purchasing a firearm or receiving a permit to purchase or carry a firearm,” according to the Law Center to Prevent Gun Violence.
The Brady Handgun Violence Prevention Act is legislation that requires a five-day waiting period when purchasing a handgun and the establishment a national criminal background system in the U.S.
Jim Shera, owner of Frontier Gun Shop located on East Grant Road, said he cannot order a background check unless a person is purchasing a gun. Shera said he does not know what the background check process entails because it is handled by the government.
In Arizona, there is no permit required to carry a firearm and there are provisions in place for the right to carry a firearm in confidentiality, according to the National Rifle Association’s Institute for Legislative Action.
“It is unlawful to sell or give to a minor, without written consent of the minor’s parent or legal guardian, a firearm or ammunition,” according to the NRA Institute for Legislative Action. “No state permit is required to purchase a shotgun, rifle, or handgun.”
According to the NRA Institute for Legislative Action, a gun purchaser will be exempt from the National Institute Criminal Background Check System if they have a concealed handgun permit.
Federal background check requirements do not require unlicensed, private gun sellers to conduct background checks, according to the Law Center to Prevent Gun Violence.
“As a result, convicted felons and other ineligible people are able to easily buy guns in most states nationwide,” the center’s website states.
There are other loopholes for getting around the background check step of buying a firearm.
Each year, Tucson hosts a number of gun shows where gun enthusiasts can come see and purchase firearms. The Tucson Expo Gun Show takes place Oct. 31 and Nov. 1 at the Tucson Expo Center.
According to the gun show promoter’s website, all federal, state and local firearm ordinances and laws must be obeyed. However, outside of the city’s limits, those interested in purchasing a gun without undergoing a background check can do so at many gun shows.
Guns can also be legally grandfathered, or passed down from generation to generation, without a mandatory background check.
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