Policywise

The importance of criminal background checks on firearm purchases

A bill introduced in the 89th Texas State Legislature would have required criminal background checks on all firearm purchases at gun shows (HB 2727), closing a dangerous loophole that allows private sellers to transfer guns without vetting potential buyers. At a time when gun laws in Texas have grown increasingly lax, legislation such as this is a crucial step toward preventing firearms from falling into the wrong hands. It’s a simple measure – one that Texans should rally behind to protect our families and communities.

The reality is that Texas has a gun violence problem – one that has only worsened as laws and regulations have steadily loosened. More than 4,500 Texans die from shootings each year, and from 2013 to 2022, the state’s gun death rate rose by 44%. This rise in fatalities is not coincidental – it is the direct result of policies that have prioritized easy access to firearms over public safety. In 2015, Texas legalized the open carry of firearms, including on college campuses. In 2021, the “constitutional carry” law removed licensing and training requirements for concealed handguns. Now, in 2025, another bill proposed allowing 18- to 20-year-olds to purchase and possess handguns. One of us, in our personal capacity, testified against this bill. . At every turn, lawmakers in Texas have ignored public safety, and the consequences have been deadly.

Background checks on every gun sale are a critical step in reducing gun-related homicides in America. They are easy, convenient and impose almost no burden on law-abiding gun purchasers. More importantly, background checks are a proven strategy to curb gun violence. The data are clear on this point: states that require universal background checks see a 9.6% reduction in total homicides and a 14% decrease in gun-related homicides. These states also see 48% fewer firearm suicides and reduced firearm trafficking. These numbers represent lives saved and communities made safer.

Under federal law, only licensed dealers are required to conduct background checks on gun buyers, leaving a massive loophole that enables private sellers without oversight. The Brady Act has prevented more than 2.4 million transactions since 1998 (through the National Instant Criminal Background Check System), a rejection rate of approximately 0.5

% for prohibited buyers. Yet, those turned away from licensed dealers can still obtain guns from unlicensed sellers. In 2014, for example, a man failed a federal background check due to mental health issues and was denied a firearm permit. However, he was able to obtain a firearm through a private seller. Five years later, he killed seven people and injured 25 more in a mass shooting in Odessa, Texas. By one estimate, more than 400,000 guns could be in the hands of people who should not have them, purchased through unlicensed sales. Additionally, nearly half of gun owners who bought a gun online in the past two years skipped background checks. These loopholes allow those with violent records, domestic abuse histories or severe mental illness to obtain deadly weapons easily, no questions asked.

Opponents of universal background checks, including the Gun Owners of America, argue that such measures infringe on the Second Amendment. But ensuring that guns don’t end up in the hands of dangerous individuals is not an attack on constitutional freedoms –  it is a commitment to protect innocent lives. What’s more, 88% of those surveyed in the U.S., including 85% of gun owners, overwhelmingly support universal background checks, recognizing them as a reasonable safeguard.

Texas has an opportunity to join the ranks of states like Michigan and Nevada that have successfully reduced gun violence by passing background checks for all gun sales. The question Texans must ask ourselves is simple: do we value the right to life as much as the right to bear arms? If so, we should urge Texas lawmakers to pass HB 2727 and stand up for a moral necessity – and good policy – on gun safety.

By Vandana Venkatesh, first-year medical student at Baylor College of Medicine, and Dr. Cedric Dark, associate professor in the Henry J. N. Taub Department of Emergency Medicine at Baylor College of Medicine.

 

Any opinions, conclusions and recommendations expressed in this blog are those of the authors and do not represent the views of Baylor College of Medicine.

 

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