The notorious “Gun Show Loophole” has been a hot-button issue among politicians for decades. While it addresses firearms sold mainly at various gun shows around the country, it actually remains a political term that refers to the sale of firearms by private sellers and doesn’t require a federal background check of the buyer.  

Gun control proponents have long seen this issue as a problem, and have called for universal background checks. However, according to a recent report from FiveThirtyEight, as a result of the surge in gun sales that began last year, the FBI—which manages the National Instant Criminal Background Check System (NICS)—was unable to process upwards of 316,000 background checks for the first nine months of last year.  

“In other words, it’s impossible to know how many guns were sold to people in 2020 who couldn’t legally own them because those background checks were never completed,” FiveThirtyEight reported.  

The FBI’s response was that background checks depend “on the availability of relevant information and records provided by federal, state, local and tribal agencies,” while the bureau added that it had “reallocated resources to help ensure that it can continue processing background checks efficiently.”

Typically the FBI responds to most background checks with either a “yes” or “no,” but sometimes there is a delay as additional research is required. If after three days the FBI has not provided a response to the background check request, then the gun dealer is allowed to sell the gun anyway. That is where the numbers need to be put in context. The 316,000 background checks that weren’t completed shouldn’t be seen as a denial, and in many cases, there was simply missing information.

A similar last name, a wrong address and other factors could result in the FBI not being able to approve the sale. However, gun control advocates see this the other way: that all of the 316,000 checks were likely to have been denied, and that simply isn’t the case.  

Even the report from FiveThirtyEight noted that “there’s no evidence that delayed denial sales are a major driver of crime, and some point to the relatively small number that ATF records each year as proof that the law doesn’t need to change.”

Records Broken 

Gun control advocates have been equally quick to note that the background check system stopped a record number of gun sales last year—blocking some three hundred thousand. While that is true, those numbers need to be put in context as well—last year saw a record 12,761,328 background checks conducted, which was up almost fifty percent over the prior year. The number of sales blocked was at essentially the same pace as the previous year. 

Moreover, when state background checks were factored in there were 39.3 million checks conducted, including those for concealed carry permits and other processes that go through the background check system. In fact, total gun sales for 2020 may have topped twenty-three million, compared to just 13.9 million in 2019, according to data from the consulting firm Small Arms Analytics and Forecasting.

Working Overtime 

The record sales have certainly pushed NICS to the brink, but it should still be seen as working—albeit working overtime. And yet, gun control supporters have simply used this as an excuse to push their agenda. 

“There’s no question that background checks work, but the system is working overtime to prevent a record number of people with dangerous prohibitors from being able to buy firearms,” Sarah Burd-Sharps, director of research for Everytown for Gun Safety, said in a statement to Rolling Stone. “The loopholes in the law allow people to avoid the system, even if they just meet online or at a gun show for the first time.” 

Of course, missing from the discussion remains the fact that criminals tend to buy their guns illegally, and would continue to do so regardless of what background check is in place.  

Peter Suciu is a Michigan-based writer who has contributed to more than four dozen magazines, newspapers and websites. He regularly writes about military small arms, and is the author of several books on military headgear including A Gallery of Military Headdress, which is available on Amazon.com. 

Image: Reuters