Dealers in the United States, 9 BMC Public Health 199 (June 23, 2009), at http://www.biomedcentral.com/content/pdf/1471-2458-9-199.pdf. 22 Int’l Ass’n of Chiefs of Police (IACP), Taking a Stand: Reducing Gun Violence in Our Communities 14 (2007), at http://www.theiacp.org/LinkClick.aspx?fileticket=%2Fs0LiOkJK5Q%3D&tabid=87. 23 Colleen L. Barry et al., After Newtown — Public Opinion on Gun Policy and Mental Illness, 368 New Eng. J. Med. 1077, 1079 (Mar. 21, 2013), at http://www.nejm.org/doi/pdf/10.1056/NEJMp1300512. 24 Id. 25 Id. 26 Greenberg Quinlan Rosner Research & The Tarrance Group for Mayors Against Illegal Guns, Americans Support Common Sense Measures to Cut Down on Illegal Guns 3, 6 (Apr. 10, 2008), at http://www.mayorsagainstillegalguns.org/downloads/pdf/polling_memo.pdf. 27 Press Release, Mayors Against Illegal Guns, New Poll of NRA Members by Frank Luntz Shows Strong Support for CommonSense Gun Laws, Exposing Significant Divide Between Rank-and-File Members and NRA Leadership (July 24, 2012), at http://mayorsagainstillegalguns.org/html/media-center/pr006-12.shtml. 28 Dr. Frank Luntz/Word Doctors for Mayors Against Illegal Guns, America’s Gun Owners Support Common Sense Gun Laws 9 (Dec. 2009), at http://www.mayorsagainstillegalguns.org/downloads/pdf/luntz_poll_slides.pdf. Seventy-two percent of NRA members and 79% of non-NRA member gun owners polled strongly agree with this concept. Eighty-two percent of NRA members and 85% of non-NRA member gun owners in this survey would support a requirement that gun retailers perform background checks on their employees to ensure they are not felons. Id. at 14. 29 18 U.S.C. § 922(a)(1)(A). 30 18 U.S.C. § 921(a)(21)(C). 31 Id. 32 Philip J. Cook & Jens Ludwig, Guns in America: National Survey on Private Ownership and Use of Firearms, U.S. Department of Justice, National Institute of Justice Research in Brief 6-7 (May 1997), at https://www.ncjrs.gov/pdffiles/165476.pdf. 33 U.S. Department of Justice & Bureau of Alcohol, Tobacco and Firearms, U.S. Department of the Treasury, Gun Shows: Brady Checks and Crime Gun Traces 13-14 (Jan. 1999), at http://www.atf.gov/files/publications/download/treas/treas-gunshows-brady-checks-and-crime-gun-traces.pdf. 34 18 U.S.C. § 922. 35 Under the 1968 requirements, any person who was over 21, paid a $10 annual fee, had premises from which to operate, and was not prohibited from possessing firearms was issued a license. Bureau of Alcohol, Tobacco and Firearms, U.S. Department of the Treasury, Commerce in Firearms in the United States 11 (Feb. 2000). 36 Id. 37 Id. at 13. 38 18 U.S.C. § 923(a)(3)(B). The law also required for the first time that dealers conduct background checks on all gun purchasers. 39 18 U.S.C. § 923(d)(1)(F)(iii). 40 27 C.F.R. § 478.44(a)(1)(ii); 18 U.S.C. § 923(d)(1)(F)(i), (ii). 41 By 1997, after the first three-year cycle of relicensing under the new laws had been complete, the number of FFLs had dropped by 49% nationwide, to 107,554. Bureau of Alcohol, Tobacco and Firearms, U.S. Department of the Treasury, Commerce in Firearms in the United States 14 (Feb. 2000). 42 Federal firearms licensee totals as of Aug. 13, 2013 were published by ATF at http://www.atf.gov/about/foia/ffl-list.html. In addition to about 53,000 dealer licensees, about 7,700 individuals are licensed as pawnbrokers, 64,200 are licensed as firearms collectors, and 11,200 are licensed as manufacturers of firearms or ammunition. Less than 1,000 individuals are licensed as importers of firearms. 43 The dealer must: (a) receive from the transferee a completed and signed Firearms Transaction Record (ATF Form 4473), providing detailed information about the transferee; (b) verify the identity of the transferee through a government-issued photo identification; and (c) contact the National Instant Criminal Background Check System (NICS), through either the FBI or a state point of contact, for a determination of whether the transfer may proceed. 27 C.F.R. §§ 478.11, 478.102, 478.124; 18 U.S.C. § 922(t)(1). The dealer may transfer the firearm if NICS provides the dealer with a unique identification number for the transfer or if three business days have elapsed since the dealer contacted NICS and the system has not notified the dealer that the transfer would be unlawful. 18 U.S.C. § 922(t)(1).
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