More than 80% of guns used in mass shootings were obtained legally

“The way our laws are structured unfortunately often times allow people to legally buy guns who shouldn’t,” said Mike McLively, a staff attorney at the Law Center to Prevent Gun Violence based in San Francisco.

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Such was the case in other horrific mass shootings, including Virginia Tech in 2007 and the Charleston, South Carolina, church shooting in June: in both instances the records of the gunmen likely would have raised red flags had they been fully examined through the federal background check system.

A large part of the problem: When an individual goes to buy a firearm, they are subject to investigation under the National Instant Criminal Background Check System (NICS). A 72-hour hold is put on the sale.

But because federal law operates under the idea of “default proceed,” the sale can legally go through after 72 hours — even if a background check hasn’t been completed. About nine percent of background checks require further investigation, according to the Law Center to Prevent Gun Violence.

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