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Fact check: Ed Gillespie on universal background checks
Ed Gillespie
October 27, 2017
By Taylor Kempema
At a recent debate between Virginia’s gubernatorial candidates, Ralph Northam (D) and Ed Gillespie (R) were given an opportunity to question one another. Lt. Gov. Northam, who called himself an "advocate for responsible gun ownership," asked Gillespie, "Do you support universal background checks in the Commonwealth of Virginia?" Gillespie prefaced his response by stating, "As you know, there are universal background checks."[1]
Is that correct? Has Virginia enacted universal background checks for firearms purchases?
No. Virginia law provides for voluntary background checks in private transactions only at gun shows, whereas the term universal background check typically refers to a mandatory background check in firearms transactions between private parties.[2] Federal law requires a background check for transactions involving a federally licensed dealer.[3][4]
In his response to Northam, Gillespie expressed support for Virginia’s law that requires, among other things, state police to be available at every firearms show to determine whether a prospective buyer or transferee is prohibited from possessing a firearm.[2] Any party in the transaction may request a background check.[5][6]
Background
Virginia is holding an election for governor on November 7.
Ralph Northam is Virginia's current lieutenant governor and the Democratic gubernatorial nominee. He was a Democratic member of the Virginia State Senate from 2008 to 2014.
Ed Gillespie is the Republican gubernatorial nominee. He is the former chair of the Republican National Committee and was the 2014 Republican candidate for U.S. Senate in Virginia.
Gun purchases and background checks in Virginia
The federal law requiring licensed dealers to conduct a background check was adopted in 1993 and named for James Brady, who was shot by John Hinckley Jr., during his attempted assassination of President Ronald Reagan.[4][7][8]
Virginia’s system of voluntary background checks in private sales or transfers at gun shows was adopted in 2016.[2] The Virginia State Police perform the background check and must notify sellers if a prospective buyer is prohibited from purchasing a firearm under federal or state law.[9][10] State police have until the end of the seller's next business day to notify the seller if a prospective buyer is prohibited from possessing a firearm.[11][12]
A state law enacted in 2015 allows that a licensed dealer can require a prospective buyer to consent to a background check before the buyer can purchase a firearm in the dealer's private collection.[13][14]
Conclusion
At a recent gubernatorial debate, Ralph Northam (D) asked Ed Gillespie (R), "Do you support universal background checks in the Commonwealth of Virginia?" Gillespie prefaced his response by stating, "As you know, there are universal background checks."[1]
Virginia law provides for voluntary background checks for transactions involving private parties at gun shows. The term universal background check typically refers to a mandatory check of a prospective buyer’s background.[4][5]
See also
Sources and Notes
- ↑ 1.0 1.1 C-Span, "Virginia Gubernatorial Debate," October 9, 2017 (52:05)
- ↑ 2.0 2.1 2.2 Virginia's Legislative Information System, "Code of Virginia - § 54.1-4201.2. Firearm transactions by persons other than dealers; voluntary background checks.," accessed October 13, 2017
- ↑ The background check involves submitting information completed by the buyer or transferee on the ATF Form 4473 to the National Instant Criminal Background Check System (administered by the FBI) to determine whether he or she is eligible to purchase a firearm. U.S. Bureau of Alcohol, Tobacco, and Firearms, "Firearms Transaction Record (Form 4473)," accessed October 26, 2017
- ↑ 4.0 4.1 4.2 U.S. Congress, "Text: H.R.1025 — 103rd Congress (1993-1994)," accessed October 13, 2017
- ↑ 5.0 5.1 U.S. Bureau of Alcohol, Tobacco, and Firearms, "Firearms Statutes and Codes - Virginia," accessed October 13, 2017
- ↑ The law requires show promoters to notify state police of the time and location of a gun show at least 30 days prior to the show. It also allows state police to charge a fee to assist in covering the cost of the check. The current fee is $2.00. Virginia State Police, "Virginia Firearms Transaction Program - Private Sale Transactions," accessed October 14, 2017
- ↑ The Brady Handgun Violence Prevention Act of 1993 established the National Instant Criminal Background Check System (NICS), a national system that checks available records on individuals who may be prohibited from purchasing or receiving firearms. These records include files on convicted felons, persons under indictment, fugitives from justice, unlawful users of or addicted to a controlled substance, persons adjudicated as a mental defective or involuntarily committed to a mental institution, unlawful aliens, dishonorable discharges, and individuals with a restraining order for domestic violence. U.S. Federal Bureau of Investigation, "FBI Criminal Justice Information Services (CJIS) Division, National Instant Criminal Background Check System (NICS) Section - Active Records in the NICS Indices as of December 31, 2016," accessed October 26, 2017
- ↑ States may elect to serve as Points of Contact (POCs) so that background checks through the NICS are performed by state law enforcement agencies. U.S. Federal Bureau of Investigation, "About NICS," accessed October 14, 2017
- ↑ The Virginia Department of State Police serves as the designated state Point of Contact (POC) to initiate and conduct background checks through the NICS on individuals purchasing or receiving firearms. U.S. Bureau of Alcohol, Tobacco, and Firearms, "Permanent Brady State Lists," accessed October 16, 2017
- ↑ During the check required under federal law, the following Virginia databases are accessed simultaneously in addition to the NICS at the time of a firearms purchase: Virginia's wanted and missing persons files and protective orders; Virginia’s criminal history record files; and Virginia’s database of adjudications of legal incompetence and incapacity, and involuntary commitments to mental institutions for inpatient or outpatient treatment. Virginia Department of State Police, "Virginia Firearms Transaction Program," accessed October 16, 2017
- ↑ U.S. Bureau of Alcohol, Tobacco, and Firearms, "Virginia Code: Section 18.2-308.2:2," accessed October 13, 2017
- ↑ Dealers may complete a sale or transfer if state police have not notified the dealer before the end of the next business day.
- ↑ U.S. Bureau of Alcohol, Tobacco, and Firearms, "Virginia Code: Section 18.2-308.2:2(Q)," accessed October 13, 2017
- ↑ Virginia's Legislative Information System, "HB 1702 Firearms; transfer, etc., from licensed dealer," accessed October 26, 2017
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