Is it possible to own too many guns?

giffords.org - Bulk Gun Purchases - Giffords

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Laws limiting the number of firearms a person can purchase within a certain timeframe help reduce the number of guns that enter the secondary market—weapons that are more likely to wind up at the scene of a crime. Only a handful of states limit bulk gun purchases, a policy that has been proven to reduce gun trafficking and consequently gun violence.

Background

Laws limiting the number of guns someone can buy within a certain span of time help reduce gun trafficking. Interstate trafficking of firearms flourishes, in part, because states regulate sales differently, and there is no federal limit on the number of guns an individual may purchase at any one time. States with weak gun laws attract traffickers who make multiple purchases and then resell those firearms in states with stronger gun laws. Federal law defines a “multiple sale” as the sale of two or more guns to the same purchaser within five business days. Multiple sales are a significant indicator of firearms trafficking, and firearms sold in such sales are frequently recovered at crime scenes. Data indicates that approximately 20–25% of all handguns recovered at crime scenes were originally purchased as part of a multiple sale. Handguns sold in multiple sales were up to 64% more likely to be used in crime than handguns sold individually. A study of crime gun recoveries in Baltimore found that guns purchased in multiple sales were significantly more likely than guns purchased in single sales to be recovered from a possessor who was not the original buyer. Laws limiting multiple sales can help to reduce gun trafficking. After Virginia introduced its one-gun-a-month law, there was a significant reduction in the number of crime guns recovered outside the state and traced back to Virginia dealers. Americans support laws limiting the number of guns a person may purchase in a given time frame. A February 2018 poll found that 65% of respondents support limiting the number of guns that can be purchased to one per month.

Summary of Federal Law

Federal law does not limit the number of guns a person may buy in any given time period. However, federal law does require federal firearm licensees (“FFLs”) to report multiple sales of handguns to ATF and other specified law enforcement agencies. This reporting requirement was created to enable law enforcement to “monitor and deter illegal interstate commerce in pistols and revolvers by unlicensed persons,” though there is no federal requirement that law enforcement actually investigate illegal trafficking. In addition, because long guns have become Mexican cartels’ “weapons of choice,” in 2011 ATF began requiring FFLs in four states along the Mexican border (Arizona, California, New Mexico, and Texas) to report multiple sales of certain semiautomatic rifles. More specifically, the reporting requirement applies to semiautomatic rifles with a caliber greater than .22 and the ability to accept a detachable magazine. FFLs who are dealers or pawnbrokers must report to ATF whenever they sell or transfer two or more such weapons to the same person at one time or during any five consecutive business days. The federal reporting requirements have helped ATF combat gun trafficking. According to the US Department of Justice, “multiple sales reports provide ATF with timely, actionable leads that can enable it to more quickly identify suspected firearms traffickers and disrupt their operations.” During the first eight months after the long gun reporting requirement went into effect for four states bordering Mexico, ATF used those reports to initiate 120 investigations and recommended prosecution of more than 100 defendants in 25 separate cases. SUPPORT GUN SAFETY We’re in this together. To build a safer America—one where children and parents in every neighborhood can learn, play, work, and worship without fear of gun violence—we need you standing beside us in this fight. $10 $20 $50 $100 OTHER DONATE

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Federal law falls short in several respects and does not go far enough to ensure that gun traffickers are effectively investigated and prosecuted. First, federal law fails to require law enforcement officers to investigate the multiple sales or purchases of firearms that are reported. Moreover, federal law actually prohibits state and local law enforcement agencies from disclosing reports of multiple sales (other than those involving prohibited purchasers) and requires those agencies to destroy such reports and related records within 20 days of receipt. States like California have closed this dangerous loophole by requiring gun sales to be reported to state or local law enforcement. For more information, see our summary on Maintaining Records of Gun Sales.

Summary of State Law

Four states (California, Maryland, New Jersey, and Virginia) have laws limiting at least some types of firearm purchases or sales to one per month.

California

Currently, California law generally prohibits people from purchasing more than one handgun from a licensed dealer per month, and restricts dealers from selling a handgun to a buyer if they are notified by the California Department of Justice that the buyer has already applied to acquire another handgun from a dealer within the preceding 30-day period. Effective July 1, 2021, California law will extend this bulk purchase limit to include the purchase from a dealer of either handguns or semiautomatic centerfire rifles. Dealers will be prevented from selling either type of firearm if they are notified that the buyer has already applied to acquire a handgun or semiautomatic centerfire rifle from a dealer within the preceding 30 days. However, these restrictions do not (and will not) apply to firearm transfers between unlicensed parties, even when those transactions are processed through a licensed dealer.

Maryland

Maryland prohibits any person from purchasing more than one handgun or assault weapon within a 30-day period. Under limited circumstances, a person may be approved by the Secretary of the Maryland State Police to purchase multiple handguns or assault weapons in a 30-day period. Maryland also penalizes any dealer or other seller who knowingly participates in an illegal purchase of a handgun or assault weapon.

New Jersey

New Jersey prohibits licensed firearms dealers from knowingly delivering more than one handgun to any person within any 30-day period. With limited exceptions, people may not purchase more than one handgun within any 30-day period. See our summary on Trafficking & Straw Purchases for additional laws to prevent gun trafficking.

Virginia

It is generally unlawful for anyone to purchase more than one handgun within any 30-day period in Virginia.

However, this prohibition does not apply to the following kinds of purchases:

A purchase made after the buyer has submitted a special application to the State Police and undergone an enhanced background check pursuant to State Police regulations. The buyer must sign the application under oath, state the purpose for the purchase above the limit, and list the number and type of handguns to be purchased and transferred “for lawful business or personal use, in a collector series, for collections, as a bulk purchase from estate sales, and for similar purposes.” The State Police must immediately issue a certificate to an applicant who has met the requirements, including proof of residency and identity. That certificate remains valid for seven days. The buyer must surrender the certificate to the dealer before the sale, and the dealer must keep it on file for two years. The State Police may also allow local law enforcement agencies to issue these certificates, provided all requirements are met. A “private sale” of a handgun, defined to mean “a purchase from a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection of curios or relics or who sells all or part of such collection of curious and relics.”

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The prohibition against purchasing more than one handgun within 30 days also does not apply to the following buyers:

Licensed firearms dealers;

Law enforcement officers, law enforcement agencies, and agencies duly authorized to perform law enforcement duties;

State and local correctional facilities;

Licensed private security companies;

A person who is exchanging or replacing a handgun that he or she purchased within the last 30 days from the same seller; A person who is trading in one handgun for another, provided that no more than one trade-in is completed per day; A person whose handgun is stolen or irretrievably lost who deems it essential that such handgun be replaced immediately; and

Virginia concealed handgun permit holders.

Selected Local Law

New York City

State-level efforts (described above) to restrict multiple purchases and sales of firearms generally focus on handguns, and usually limit purchases and/or sales to one per month. New York City, however, takes a more comprehensive approach. The city limits all firearm purchases (not just handguns) to one handgun and one rifle or shotgun every 90 days. Before a sale can occur, the seller must check with the governmental authority that licensed the purchaser to make sure the purchaser has not bought another firearm within the previous 90 days. This restriction is a powerful disincentive to gun traffickers, who prefer to buy and transport multiple weapons at one time. By preventing bulk sales, the city has taken an important step toward thwarting the accumulation of weapons in the hands of criminals.

Key Legislative Elements

The features listed below are intended to provide a framework from which policy options may be considered. A jurisdiction considering new legislation should consult with counsel. The restriction applies to both multiple purchases and sales of specified classes of weapons (California, Maryland, New Jersey). The restriction on multiple sales applies to both licensed dealers and private sellers (Maryland). A state agency maintains purchase information and must verify that the person has not purchased another weapon within the time period (California). The restriction applies to all firearms (New York City) or at least handguns (California, Maryland, New Jersey), and also may apply to other classes of weapons such as assault weapons and 50 caliber rifles, if they are not otherwise banned (Maryland—assault weapons). The most frequently used approach is to restrict multiple purchases or sales to no more than one per person per month (California, Maryland, New Jersey), but stricter limitations may be used (New York City limits purchases to one every 90 days).

giffords.org - Bulk Gun Purchases - Giffords

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