How to get a gun Without a Background Check

Gun Watch ^ | 7 August, 2013 | Dean Weingarten

[marktwain]

 A homemade submachine gun

Obtaining a gun without a background check in the United States (and much of the world) is a fairly easy process, and is becoming easier all the time.  Here are some of the common methods of obtaining a gun without a background check.

1. Have someone who can pass the background check buy it for you.  This is illegal to do for someone who is forbidden from possessing guns.  It is known as a straw purchase.  The BATFE says that it is the most common method for criminals to obtain guns.   In most states it is not illegal to buy a gun for someone who may legally possess one, as a gift.

2.  Steal it.  This is a common method for criminals to obtain guns.  If you are of the persuasion that thinks more government is the answer to every problem, you might want to make it illegal for people to have their guns stolen, or to require that guns be locked up in vaults, making them harder to steal. 

The Supreme Court has already ruled that it is unconstitutional to require people to have their guns locked up.  People have a right to have loaded handguns (the type most commonly used in crime) unlocked in their home as ruled in the Heller decision.   This ruling was extended to the states in McDonald.  The Newtown shooter stole the guns he used, and murdered his mother in order to do so.

3.  Buy it from someone who stole it.  Another very common source for criminals.  Stealing immediately breaks the ability to "trace" the firearm, rendering "tracing" nearly useless for solving crimes.   It can be used for demonizing the original victim the gun was stolen from, though.  Guns that are used in crime in tight gun control states, that come from states that have greater freedom in obtaining guns (often with lower crime rates), were purchased an average of 11 years before.  With over 300 million firearms in the United States, methods two and three are a large and uncontrollable source of guns for criminals.  Tens of millions of these guns were made before 1968, have no serial number, and cannot be traced.

 A minuscule fraction of the guns available in  the United States, millions legally without  serial numbers


3. Make your own.  More common than people think.  Because homemade and small shop made guns are not traceable, they seldom end up in any official statistics.  They are even made in prisons, and it is hard to think of a more tightly controlled environment.  Homemade guns may not win target competitions, or be very good as hunting arms, but they usually work just fine for crimes.  The tighter the firearms regulations, the more homemade guns are made.  There are many YouTube videos on how to make homemade guns.

Because machine tools are relatively cheap and commonly available, sophisticated homemade guns are becoming more common.  I have not seen any published figures on the number of homemade guns.

4.  Print your own.  Some would say that this is just a subset of number 3.  However, the potential ease of use and the recent publicity qualify this as a separate category.

A simple 3D printed pistol

5. Rent one from a criminal.  It is a common practice for criminals to rent guns for a crime from a criminal associate.  No background check

6. Own one as part of the collective.   Some people call these collective groups gangs.  It is common for gangs to own guns and to stash them in places that can be accessed by any gang member.   No background check.

7. Buy one from a corrupt policeman/authority figure.  Police often have access to guns that are turned in without paperwork, confiscated from citizens without a receipt, or "lost" from evidence rooms.   There is a whole culture of police having and using "throw down" guns.   When a policeman needs some money, or maybe a favor, these guns become another source of guns without background checks.  Police are in a unique position to be suppliers to criminals in this regard, because of their intimate connection to criminal informants.

8.  Buy one at a gun show.  This list would not be complete without the gun show.  Guns may be sold at most gun shows by private individuals without a background check.  Most criminals avoid gun shows because there is usually a significant police presence.  A National Institute of Justice study (admittedly from 1997) shows that about 2% of guns procured by criminals come from this source.

9. Buy a gun from private parties that advertise on various media such as newspapers, Internet sites, the local advertiser, garage sales, and other sources.  This certainly happens.  It is uncertain what percentage of criminals guns come from these sources, but certainly some do.    The same BATFE study from 2000 (referenced in source 1) estimates that about 20% -30% of guns obtained by criminals come from private sellers, which would include private sellers at guns shows and criminal associates selling stolen guns.

Extending background checks to private sales would have no effect on methods 1-7.  Because most of  the guns obtained by criminals are already outside of legal channels, requiring background checks on the fraction obtained from legal channels would not have much effect on crime, as substitution of another method would be likely.    It is clear that those who push for universal background checks are not really interested in checking the background of those buying guns, but are primarily interested in recording the gun information preparatory to creating a de facto gun registration. 

When offered a background check bill without a path to gun registration, those who claimed to want universal background checks immediately rejected it.

Private sales are the safety valve that prevents background checks from becoming gun registration.  Because of the many ways that background checks can be evaded, background checks are not a viable method of reducing crime.

  ©2013 by Dean Weingarten: Permission to share is granted when this notice is included.

Link to Gun Watch

[MtBaldy]

Maybe. Like you I haven’t looked at how they got the numbers.

[Georgia Girl 2]

Yes its really easy to buy a gun from a private sale. If you don’t want a background check you don’t need to do it.

The only reason I did it was to get a specific gun (Keltec PMR 30) that I had no chance to acquire through a private sale.

[HammerT]

I believe the 14th century is also when gun grabbers first appeared.

Wherever there is freedom and liberty, there will be a Leftist wanting to take them away.

[marktwain]

I would like to see one with an 8 inch barrel. Maybe when the current buying bubble busts they will come out with a different model...

Or...

Maybe Ruger will study the design, perfect a reliable and accurate version, and come out with their own 30 rd rimfire pistol. I would love to have a 30 round 1 pound .22 LR with an 8 inch barrel! What a great backpack gun!

[bunkerhill7]

Evidently this guy doesn`t know anything about America.

Up here we all got guns and sometimes you can up a nice gun at

10. a LAWN SALE

My relative just picked a a Japanese bolt-action 6.*mm for a buck at a

10.LAWN SALE here.

My nephew picked up a 12 ga for 5 bucks here at a

10.LAWN SALE

[marktwain]

I found this chart of more recent information

[Zathras]

This thread should probably be pulled.
NOTHING will get you in trouble faster with ATF than talking about building NFA devices.

[familyop]

"3. Make your own...4. Print your own."

Yet another author pretending to support the Second Amendment while trying to help outlaw the last legal refuge for Second Amendment rights. He's a traitor against our civil rights, as are the others who exaggerate against home gunsmith work. No doubt, many are fed up with that kind of buddy-biting propaganda but, until now, afraid of posting their disgust.

[familyop]

The exaggerations about straw purchases are also anti-Second-Amendment propaganda.

[familyop]

"Homemade guns may not win target competitions, or be very good as hunting arms, but they usually work just fine for crimes."

That is one wrongful generalization from the other class (the bipartisan class pushing for more anti-Second-Amendment legislation). There are match competitors who have made receivers and other parts in their own shops, and it's quite legal (with no intent to sell the firearms/parts, etc.).

[yefragetuwrabrumuy]

I would rewrite the article, because it places too much emphasis on how criminals obtain guns. Instead it should emphasize how honest citizens can obtain a gun “beneath the radar” of the rather intensive and tricky ways used by the government and others to figure out who owns guns and of what kinds.

For example, if you make a private gun purchase and pay in cash, the sale may be unknown, unless the seller shoots his mouth off. Which he likely won’t do if he doesn’t know much of anything about you.

Next, buying ammunition is just as tricky, because if you buy 9mm, for example, they have reason to believe that you own a 9mm weapon. And certain of it if you use a credit card, or the dealer has security cameras just for people who buy ammo. This also applies for gun paraphernalia.

So it is far more important to use a straw buyer for ammo.

[Rio]

I’ve never been tempted to sell a gun. But if I did, and if the buyer was not known to me, then I think that I would only sell to CHL holders.

[MtBaldy]

Didn’t scroll down far enough to see that.

It looks like at most 11% of prisoners could have bought it through a straw purchase. That would assume all guns bought through gun stores, pawn shops, and gun shows were straw man purchases. It’s certain prior to their crime at least some of the felons were still able to purchase a legal gun. So saying straw man purchases are a common source of illegal guns seems a stretch.

[marktwain]

“Anyone who’s at all seriously concerned about crime ignores guns and concentrates on the root cause of crime: criminals.”

True. Most basic assumptions of “gun control” theory are created to find ways to shift responsibility for crimes away from criminals and onto either society or inanimate objects.

[marktwain]

“I would rewrite the article, because it places too much emphasis on how criminals obtain guns. Instead it should emphasize how honest citizens can obtain a gun “beneath the radar” of the rather intensive and tricky ways used by the government and others to figure out who owns guns and of what kinds.”

Good idea. If you do not want your name associated with it, I will be glad to publish it for you.

[True Grit]

Google in AK 47 parts kit. There are plenty of places you can buy a complete AK47 parts kit with no questions asked. These are complete kits all you need to do it put it together which is not all that difficult. Usually run around $500.00 give or take a few dollars.

[supercat]

There is a way to do so and insure truly anonymous background checks (and I actually wouldn't object to universal background checks if done that way)

Do you include specify that a person selling a gun may ignore any a denial that doesn't demonstrate that a person was convicted of a felony under due process of law? No reasonable informed person can believe that gun grabbers wouldn't seek to use background checks to deny the rights of people who haven't even been accused of having actually committed any crime whatsoever, given that they've overtly stated their intention to do precisely that.

[familyop]

I don’t sell them either and would also make sure that the transaction was legal, if I did.

[yefragetuwrabrumuy]

I think the best opportunity really hasn’t happened yet, which are private gun shows, no dealers. Remember they tried one of those at Lakeside-Pinetop, but it got snowed out. But it showed prospects of way more people wanting to go there than its venue could hold.

If somebody wanted a big fundraiser in a hurry, that would be the way to go. Even renting a parking lot for the weekend, and just charging a $10 admission, would probably get some serious box office. Maybe a “cash sales only” sign.

[GenXteacher]

“Personally I would have never let him out of prison after he beat his grandmother to death with a hammer but I’m funny that way.”

If he had been executed as he ought to have been, he would not have been a recidivist....