Montana's Number Of Failed Gun Background Checks Rises Higher Than National Average

By Darrell Ehrlick, Daily Montanan

July 5, 2021

New data obtained from the Federal Bureau of Investigation through Everytown for Gun Safety shows that there was a record number of gun sales stopped due to background checks in 2020, resulting in 300,000 sales that didn’t happen nationwide that year.

During 2020, according to the same data, Montana saw a spike in number of stopped gun transactions that exceeded the national average. Gun sales have surged in the U.S. during the pandemic, partly explaining the increase in failed background checks, which at the federal level are currently only required to buy a gun from a licensed firearms dealer.

Background check supporters say these checks keep guns from falling into the wrong hands. Meanwhile, critics of these checks said that all too often they’re just an unnecessary impediment to law-abiding citizens.

Everytown, an organization founded and largely funded by billionaire former New York City mayor and presidential also-ran Michael Bloomberg, advocates for bolstered gun control measures like universal background checks. The data show that nearly 1/3 of a million gun transactions were stopped because of an ineligible person, which often means that they have been convicted of felony. The number of denials almost doubles the previous high mark of 169,000 set in 2019.

“The denial rate in 2020 was 31% higher than the denial rate in 2019,” the organization said.

In Montana, that number was even higher. In 2019, Montana declined 807; in 2020, the number jumped to 1368, or an increase of 70 percent.

Gun rights advocates say the numbers are skewed and misleading because during the pandemic, firearms and ammunition flew off the shelf. The increase in number of denials is simply a reflection on the huge increase in demand for guns, said Gary Marbut, of the Montana Shooting Sports Association.

He said his organization doesn’t support the checks because 95 percent of those who are declined are not purchasing a firearm illegally, and the check only gets in the way. He said often times criminals with same names or addresses that belong to a prohibited person get flagged for denial. He said while the FBI reports the number of declined sales, it’s not required to say how many of those declines get overturned by more accurate information.

“Mostly this system just delayed and harassed lawful gun owners,” Marbut said.

Gun sales in Montana did rise significantly in 2020.

In 2019, there were 65,324 transactions. In 2020, that number rose to 99,472 or an increase of 52 percent – still not quite as much as the rate of background check declines. In 2019, 1.2 percent of attempted retail background checks were declined. That number rose to 1.4 percent in 2020.

“That’s one firearm sold for every 10.5 people in the state. Montana ranks in the No.8 position in terms of per capita gun sales,” according to Robar Gun sales.

Jennifer Beazer lives in Montana and was a victim of domestic assault. After she fled from an abusive ex-husband who was also a former law enforcement officer, the father of her children murdered his two parents. She watched as alcoholism and mental health issues caused him to spiral farther and farther out of control. At the time, she said everyone understood what was happening – her ex-husband was losing control. Repeated attempts to have his guns taken away failed, leading her to believe in stronger background checks and advocating for red-flag laws through the organization MOMS Demand Action, a group advocating stronger gun laws.

“The data makes it clear that background checks are working. They still have loopholes, but it’s working,” Beazer said.

She said that law-abiding citizens have nothing to fear by background checks.

“What we’re talking about here is the ability to assess one’s health and their safety,” Beazer said.

In a state like Montana that has one of the highest suicide rates in the nation, a more thoughtful, regulated approach could help stops violence but also curb suicide.

“I’d rather have a false positive than a false negative,” she said. “I’d rather spend a few days to clean-up the record than a person with a violent history getting a firearm. Had there been any type of resource to stop and help, my kids’ grandparents would still be here.”

Marbut said the premise of something like background checks is flawed because felons and other criminals don’t purchase their firearms through retailers, rather on the street.

“You’re really not intercepting criminals or their access to guns,” Marbut said. “It’s probably useless and really doesn’t accomplish anything.”

He said if the system works at all, it’s only providing the federal government a better inventory of guns owned by citizens.

Gary Kleck, a professor at Florida State University, who teaches criminology and has studied background checks said the issue isn’t quite as black-and-white as background checks being all good or way too prohibitive.

“It’s hard to interpret. It could be that it’s effective for good guys getting stopped from guns, it could be there’s been increased naivete for those who are unqualified getting one, too,” Kleck said.

He agrees that background checks don’t stop “bad guys” from getting guns – just buying guns from licensed dealers.

However, he said background checks are effective deterrents for those who are not strongly motivated, which could be a positive thing.

“You have to remember that criminals get a gun for the same reason as law-abiding citizens – to protect themselves. And you have to remember that criminals tend to live in a more dangerous world than you or I do,” Kleck said. “It depends on their motivation. It could be that it’s just an inconvenience. But it could stop them if they’re weakly motivated.”

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