Bottom line: The unregulated and anonymous nature of the private marketplace for guns makes it impossible to know for certain how many gun sales occur through private transfers without background checks, though the best available evidence suggests that it is a significant portion of gun transfers, involving millions of guns per year. More importantly, however, there is reliable data indicating that a substantial majority of criminals obtain their guns through no-background check transfers.
2. Claim: Few criminals visit gun shows to acquire guns illegally.
Well, gun shows, right now areaccording to all the surveys, are not a source of crime guns, anyway. Its 1.7 percent.
NRA Executive Vice President Wayne LaPierre testifying before the U.S. Senate Judiciary Committee, January 30, 2013
The same BJS study that suggests that criminals rely on private no-background check transfers to acquire guns in more than two-thirds of cases also suggests that only 1.7 percent of those criminals visited gun shows to obtain those guns. The NRA and other gun lobby groups have repeatedly cited this study to suggest that concerns about no-background check gun sales at gun shows are overblown and that private sales at gun shows are not a significant problem. The argument goes, if so few criminals go to gun shows to get guns, why regulate private sales at these events?
Advocates for stronger gun laws typically make the case for the risks of no-background check sales at gun shows by pointing to a different statistic from a different federal report. A 2000 report released by the Bureau of Alcohol, Tobacco, Firearms and Explosives, or ATF, looked at every federal gun-trafficking prosecution over a two and a half year period1,530 cases involving 84,128 illegal guns. The report found that cases involving 25,862 of the illegally trafficked guns30 percent of the totalhad a gun-show connection. So how can we reconcile the BJS and ATF studies? The two studies are roughly contemporaneous, but point in seemingly opposite directions. Are private sales at gun shows a problem or not?