More important, the number comes from a 251-person survey on gun sales two decades ago, early in the Clinton administration. More than three-quarters of the survey covered sales before the Brady Act instituted mandatory federal background checks on February 28, 1994. In addition, guns are not sold in the same way today that they were sold two decades ago.
The survey asked buyers if they thought they were buying from a licensed firearms dealer. While all FFLs do background checks, those perceived as being FFLs were the only ones counted. Yet, there is much evidence that survey respondents who went to the very smallest FFLs, especially the “kitchen table” types, had no inkling that the dealer was actually “licensed.” Many buyers seemed to think that only “brick and mortar” stores were licensed dealers, and thus reported not buying from an FFL when in fact they did.
But the high figure comes primarily from including such transactions as inheritances or gifts from family members. Putting aside these various biases, if you look at guns that were bought, traded, borrowed, rented, issued as a requirement of the job, or won through raffles, 85 percent went through FFLs; just 15 percent were transferred without a background check.
If you include these transfers either through FFLs or from family members, the remaining transfers falls to 11.5 percent.