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What does a background check for a gun actually require?

(Harrisburg) — After every mass shooting in the U.S., a common call is heard: place more restrictions on guns.

One of the immediate reactions is to push for requiring background checks for everyone.

Gun right advocates quickly argue such a move would infringe on their Second Amendment rights to own a weapon.

So what does a background check in Pennsylvania actually require?

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Photo by Ben Allen/witf

If you want a gun without getting a background check, Joe Staudt at Staudt’s Gun Shop says it’s not happening. “Have a nice day,” he’ll say.

 

Gun culture is part of American culture.

You’ll find more than 7 million videos on youtube, just by searching “shooting a gun.”

Guns are one of those issues that nearly everyone has an opinion about.

But to buy one from a licensed seller, you have to go through a background check.

You might think they’re as burdensome as doing your taxes – you picture filling out pages and pages and pages.

So I met with Joe Staudt, he’s the owner of Staudt’s Gun Shop, off Route 22, just north of Harrisburg.

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Photo by Ben Allen/witf

Joe Staudt of Staudt’s Gun Shop in Harrisburg.

 

Staudt’s is a federally licensed gun dealer, and Joe says they take their reputation seriously.

Background checks come before any purchase at his shop.

What if I don’t want to do a background check?

“Then we say, have a nice day. You’re not purchasing a firearm today.”

His store is filled with guns and all the accessories you might need.

Yes, bullets.

But also night sights, muzzle breaks, holsters and gun slings, magazine holders and everything else in between.

Staudt takes me over to a counter, and after walking me through some guns, the paperwork comes out.

As he says, “Before we go ahead and ring you up for it, we want to make sure you can pass the background check.”

I get set up with one form, and I start the timer on my cell phone.

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Photo by Ben Allen/witf

The first page of the federal background check form.

 

How long will this actually take?

“You’re going to fill out everything completely,” says Staudt.

“Here in this block, if you have a middle name, you need to spell it out completely. If you don’t, put NMN for no middle name.”

The form looks important – it’s from the Bureau of Alcohol , Tobacco, Firearms and Explosives at the U.S. Department of Justice, and the words Firearms Transaction Record dominate the top of the first page.

There are the standard questions – name, address, place of birth, height, gender, ethnicity.

But I come across more detailed ones – Are you under indictment for a felony? Are you a user or addicted to marijuana or any depressant, stimulant, narcotic drug or other controlled substance?

Have you ever been committed to a mental institution, or have you been convicted of domestic violence?

On page two, its questions about the seller – transaction number, what gun is getting sold, its serial number and more.

“I’ve filled out my portion of the record of sale, you filled out your portion. And I’ll just check that over just to make sure everything is complete. And you didn’t answer that you were a felon or any of the other disqualifying areas.”

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Photo by Ben Allen/witf

Staudt’s Gun Shop in Harrisburg is filled with all different kinds of merchandise – from bullets to night sights to muzzle breaks to magazine holders.

Pennsylvania also has its own form from the State Police that asks even more questions about any criminal convictions, any jail time served, and whether you’re the actual buyer.

Then, Joe Staudt goes over to the computer to use Pennsylvania’s Instant Check System.

“Sometimes as soon as we finish entering the information and hit submit, literally within a minute, we get an approval back. That means that person is squeaky clean. They ran their name through the database and there was absolutely no hits at all.”

It’s a detailed process, but it took a grand total of four minutes.

Again, four minutes.

And if I get a yes – remember, Joe Staudt didn’t actually run the background check because I wasn’t actually buying a gun – when I’m approved?

“We would just do a receipt for ya, you’d pay up and you’d be out the door.”

The background check database can also send back two other options – one could be an outright no.

The other is called “research”.

Staudt explains: “Kind of a delayed status, if you will. In other words, they need to do some more research on that individual. They could take up to two weeks, so that person has to wait for that two week period.”

And that’s it.

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Photo by Ben Allen/witf

A rack of guns on display at Staudt’s Gun Shop in Harrisburg.

The background check is done.

I could have my gun as quick as 10 minutes, or if something is flagged in my file, it might take two weeks.

Staudt says customers don’t mention any issues with going through a background check – but when politicians bring up changes, especially regarding private sellers – the discussion in his shop picks right back up.

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