- The Washington Times - Sunday, November 6, 2016

Firearms background checks were up in four states the month before voters there will consider ballot initiatives that would set stricter standards for obtaining guns or ammunition.

The National Shooting Sports Foundation (NSSF) estimates that the number of FBI background checks for firearms purchases nationwide in October rose 11.7 percent over the same month in 2015.

Four states — California, Maine, Nevada and Washington — have measures on the Nov. 8 ballot that would tighten firearms laws. In each of the states, the uptick in the number of firearms background checks was estimated to be above and beyond the national average increase — from 14 percent in Maine to 72 percent in California.

“I can’t say whether it’s all due to the election and extra stuff on the ballot, but it is certainly a possibility,” said Jim Curcuruto, NSSF director of industry research.

Background checks for gun purchases and for permits to carry guns are conducted through the FBI’s National Instant Criminal Background Check System via federal firearms licensees. While the checks serve as an indicator of gun sales trends in the U.S., each check does not always equate to a sale.

The NSSF culls the data to weed out background checks for concealed carry permits in order to provide estimates more closely aligned with the actual number of guns being purchased, though the data do not capture private sales in states where background checks are not required.

The number of background checks conducted across the country has increased at a record pace in recent years, with the 23.1 million checks reported by the FBI in 2015 eclipsing the previous record of nearly 21.1 million checks set in 2013.

Gun rights advocates have often pointed to mass shootings and politicians’ talk of gun control as driving factors in firearms sales increases.

While Second Amendment supporters in states with looming gun ballot measures are unsure whether there’s a direct correlation between the initiatives and the background check increases, they say the initiatives have churned out anti-gun rhetoric that may have encouraged prospective gun buyers to act now.

“I don’t think you are looking at a panic buy, but it might be a mild influence in gun rights being pushed into people’s foreground,” said Todd Tolhurst, president of Gun Owners of Maine, an opponent to the background check initiative in his state. “Because it is a live issue, they might have acted on a thing that they otherwise wouldn’t have acted on for a little while I think it’s a matter of awareness of the issue.”

In Maine, the background checks the NSSF estimates were for purchases increased from 10,869 in October 2015 to 12,387 checks last month.

The ballot initiatives vary in how they would restrict firearms or ammunition access.

In Maine and Nevada, voters will decide whether background checks should be expanded to include all private firearms sales and transactions. An initiative in Washington would allow a court to issue a risk-protection order banning a person from accessing a firearm for a specific period.

In California, Proposition 63 would require background checks for the purchase of bullets, ban large-ammunition magazines and create a mechanism for levying fines against those who fail to report when guns are lost or stolen. Several of the measures outlined on the ballot initiative already were approved separately by the state legislature and are set to go into effect regardless.

In California, where Mr. Curcuruto said background checks for estimated firearms purchases increased the most of any other state, checks increased from 69,077 in October 2015 to 120,390 last month.

Sean Brady, a California attorney who specializes in Second Amendment issues, said the rush to purchase firearms in the Golden State is more likely influenced by gun laws set to take effect in 2017 than the upcoming Proposition 63 vote.

A law taking effect Jan. 1 will expand a ban on the sale of certain types of firearms, specifically semiautomatic weapons with “bullet buttons,” which make it easy to quickly remove a magazine and replace it with another. Another law prohibits possession of magazines that hold more than 10 rounds of ammunition.

“Proposition 63, while it doesn’t specifically talk about gun control, it does show the animus that there is an affirmative effort by groups to tighten restrictions on guns in general,” Mr. Brady said. “But every time there is a mass shooting or talks of gun control, the amount of background checks that are recorded skyrockets.”

In Nevada, a Las Vegas gun store owner ran an ad encouraging shoppers to stock up on firearms ahead of the election — but the “Pre-Hillary Sale” ad pointed to concern over the election of Democrat Hillary Clinton as president rather than the passage of the local ballot initiative.

“Don’t wait! Prices will skyrocket after Crooked Hillary gets in!” stated the ad, which ran inside the sports section of the Las Vegas Review-Journal.

“New laws or restrictions certainly affect consumer behavior,” said Robert Uithoven, campaign manager of NRA Nevadans for Freedom, which is opposed to Question 1.

Polls out of each of the four states show a likelihood of success for the gun ballot initiatives.

In Nevada, the NSSF’s checks for estimated purchases increased by 32 percent from 7,789 in October 2015 to 10,300 last month. Supporters of the background check initiative are thought to have the slight upper hand in Nevada, with the Las Vegas Review-Journal reporting last week that 54 percent of likely voters said they would support the initiative.

In Washington, support for Initiative 1491 is at 62 percent, according to a University of Washington poll. The NSSF found that background checks in Washington increased 24 percent, from 33,674 in October 2015 to 42,016 last month.

• Andrea Noble can be reached at anoble@washingtontimes.com.

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