FBI seized record guns from people who failed background checks, data show

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Christopher Wray
FBI Director Christopher Wray speaks during an interview with The Associated Press, Monday, Dec. 9, 2019, in Washington. Wray says the problems found by the Justice Department watchdog examining the origins of the Russia probe are “unacceptable.” (AP Photo/Jacquelyn Martin) Jacquelyn Martin/AP

FBI seized record guns from people who failed background checks, data show

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The FBI seized a record number of firearms in recent years from people who failed federal background checks, as pro-gun rights groups continue to scrutinize the Biden administration for allegedly targeting the Second Amendment, according to newly compiled data.

In 2020, the FBI made over 6,300 firearm retrieval referrals to the Bureau of Alcohol, Tobacco, Firearms, and Explosives, in connection to people who were deemed ineligible to possess guns based on their military and criminal records, mental health, and other factors, according to the data. The following year, in 2021, the bureau issued more than 5,200 referrals, marking the largest two-year referral total.

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Orders for citizens to have their guns seized come when FBI analysis deems later that they should be ineligible. Data for 2022 has not been publicized, and the 2020 and 2021 data represent a small portion of firearms purchased through the background check system annually.

“Historically, the NICS Section has experienced an increase in firearm retrieval referrals as increases in overall background check volume occurs,” an FBI spokesperson told USA Today.

During the COVID-19 pandemic, gun sales skyrocketed as fears of the virus and unrest rippled throughout the United States. Those who are denied firearms may challenge the referral, and roughly 1.45% of sales processed through the background check system were denied in 2020. In 2021, 1.26% of sales were denied, data show.

The newly publicized data come as Republicans continue to push back on Democratic-led efforts to enact stricter gun laws on the state and federal levels. Lawmakers have clashed in Nebraska, where conservatives are trying to allow no-permit concealed carry to pass.

In February, the firearms rights group Gun Owners of America Texas joined Attorney General Ken Paxton in suing the ATF over a pistol brace rule. The new rule took effect in January and forces people to destroy or register roughly 40 million brace guns within 120 days or face felonies.

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A pistol brace is an accessory that attaches to a gun and typically allows a user to use one hand to fire.

The FBI did not return a request for comment.

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