Rep. Linsky Files Legislation to Close Private Gun Sale Loophole

BOSTON­­­­—House Committee on Post Audit and Oversight Chairman David P. Linsky (D-Natick) announced today the release of a report highlighting the need to require universal background checks for all private gun sales in Massachusetts.

“Background checks are a proven system to reduce gun crime and save lives,” said Representative Linsky. “Given the explosion of the private gun sale market in Massachusetts, it is critical the Commonwealth ensures dangerous criminals cannot exploit any loophole in the state’s gun laws.”

In March of 2016, the House Committee on Post Audit and Oversight launched an inquiry into the effectiveness of the new private gun sale law, which was signed by former Governor Deval Patrick in 2014. The Committee found an existing loophole in state law that allows for private firearms sales to be completed without a federal background check (commonly referred to as a NICS-check) on prospective buyers.

Recommendations

To close this loophole, the Committee recommends the enactment of legislation requiring a National Instant Criminal Background System (NICS) check by a licensed gun dealer prior to any private sale or transfer of a firearm:

• Since private individuals do not have access to the federal NICS database, private sales should be conducted at the location of a licensed dealer (gun shop)
• Dealers would then call in a NICS check on behalf of the buyer and seller
• Dealers would submit the sale information to the Massachusetts Gun Transaction Portal on behalf of the seller/buyer
• Dealers would be able to charge the seller a fee of up to $25 for these services
• Whoever knowingly sells or transfers a firearm in violation of this law would face a punishment of not less than ten thousand dollars, or imprisonment for not more than ten years in a state prison, or two and a half years in the house of correction (These punishments are consistent with those for similar crimes).

Representative Linsky also filed an accompanying bill, which would require private gun sales to be subject to the same background checks laws as sales at federal firearms dealers. Upon filing An Act Relative to Universal Background Checks for Private Gun Sales, Representative Linsky said, “This is a commonsense piece of legislation consistent with laws on the books in eight other states and the District of Columbia. Our background check system is limited and public safety is jeopardized as long as we allow this loophole to exist.”

This bill is one of several pieces of legislation filed by Representative Linsky this Session which aim to reduce gun violence in the Commonwealth. An Act Relative to Universal Background Checks for Private Gun Sales will be assigned to a legislative committee by the House Clerk within the next few weeks.

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