Universal background checks

Universal background checks would require a check through the national system for almost every gun sale or transfer, including those between private parties, in addition to purchases from licensed dealers. Under current federal law, licensed dealers must run checks through the National Instant Criminal Background Check System, but sales by private individuals are exempt, in what supporters call the "gun show loophole" or "private sale loophole" and critics say is a misleading name.

Many states have extended checks to private sales, in whole or part, typically requiring transfers to go through a licensed dealer. Bills in Congress, such as the Manchin-Toomey proposal of 2013, would have expanded federal requirements but failed in the Senate. The 2022 Bipartisan Safer Communities Act did not adopt a universal check but strengthened checks for buyers under 21 and clarified who must be licensed as a dealer.

Polling often shows high public support for universal checks, including among gun owners. Supporters argue that they close a gap that lets prohibited people buy guns privately. Opponents argue that criminals will not comply, that enforcement would require registration of firearms, which they oppose, and that burdens fall on law-abiding owners and on sales among family or friends. Studies of state laws on their effects show mixed results. See also red flag law.