Leave the Safety On: Implementing Universal Background Checks in Georgia

There is one thing in Georgia that kills a new person every four hours. One thing that costs each Georgian $2,229 per person each year. One thing that is the second leading cause of death in Georgia’s children.

The irreparable consequences of gun violence in Georgia continue to show that the time for gun control is now. In 2024, the mass shooting at Apalachee High School resulted in the deaths of two students and two teachers, as well as the injuries of eight students and one teacher. This fall, in Athens alone, a shooting left two 14-year-old girls and one 15-year-old girl injured downtown. A firearm was discharged and shattered a window. Shots went off in an Athens neighborhood in early September. An armed robbery occurred on October 4th. A gun was discharged near the University of Georgia’s campus on October 8th. Horrific shootings appeared outside of Athens as well, such as the shooting in Rockdale County, which resulted in the death of one Georgian.

This violence affecting the everyday lives of Georgians will not cease until effective policy is implemented. Currently, Georgia follows federal law, which requires federally licensed firearm dealers to conduct background checks on the purchasers of firearms. The unfortunate caveat to this policy is the lack of regulation for private sellers. Gun shows and online sales continue to conduct sales with no background checks, leading to innumerable consequences. On the popular gun site Armslist, one in every nine buyers purchasing from private sellers would not pass a background check. This lack of oversight is what brings firearms into the wrong hands. 

Weak background check regulations don’t just affect individual states. Nearly two-thirds of crime guns recovered in states with strong gun laws were initially sold in states with weak gun laws. When bordering states have weak gun laws, states with strong gun laws see increased rates of gun homicide. This is because unlicensed sellers are the most common suppliers of illegally trafficked firearms, which are smuggled into bordering states.

For the sake of Georgia and its neighbors, universal background checks are a necessary step towards protecting the people. Georgia House Bill (HB) 3 was introduced with the intent of requiring universal background checks for all firearm transfers between unlicensed individuals. The bill was introduced earlier this year and remains in House Second Readers. To pass, the bill needs to progress through committee, a third reading, both the House and Senate, and the Governor’s office. The proposed bill would amend Georgia’s Brady Law Regulations, the current background check policy, to mandate universal background checks. The buyer and seller would conduct the sale at a licensed firearm dealer, where the dealer would conduct a background check through the National Instant Criminal Background Check System (NICS). The bill does include exceptions, such as transfers between family members, temporary transfers, transfers to law enforcement, and the transfer of antique firearms.

In 2022, an 11Alive poll found that 68% of Georgians strongly supported mandated background checks for all gun purchases. Simultaneously, 17% somewhat supported the background checks. The support for the passage of this policy is already evident in Georgia constituents; now it just needs to be reflected in the Georgia State Legislature. HB 3 would tighten Georgia’s background check regulations without restricting an individual’s right to purchase a firearm.

Existing research has found that universal background checks are the foundation for effectively inhibiting gun violence. Moreover, when universal background checks are paired with other gun control policies, they become increasingly effective in mitigating gun violence. States that paired universal background checks with gun permit laws saw an average decrease of 18% in gun violence. This bill would be an incredible step towards achieving similar results in Georgia.

Critics of universal background checks claim that federally licensed dealers would be held liable for improper transfers of firearms. For instance, if a dealer failed to prohibit the transfer of an unlawfully modified gun, they would be held liable. Critics argue this would harm the dealers. Alternatively, holding dealers liable for improper transfers of firearms could result in positive change. To avoid being held liable, dealers would be incentivized to stop unlawfully modified firearms. This would, in turn, cut off unlawful firearms before they could circulate to the illegal market. While universal background checks would place more responsibilities on licensed firearm dealers, the safety payoff for Georgians would make it worthwhile. 

Passing HB 3 would be the first significant step towards protecting Georgians from gun violence while maintaining the integrity of the Second Amendment. HB 3 would ensure the first step in purchasing a firearm filters out those who cannot legally purchase one. Through this, Georgia can clean up the subsequent violence and criminal trafficking that has droned on throughout the current policy. HB 3 prioritizes the most critical thing in the state of Georgia– the safety of Georgians.