Explore The NRA Universe Of Websites

Go Figure: Gun Controllers Use Fuzzy Math to Push an Agenda That Doesn’t Add Up

Friday, March 1, 2019

Go Figure: Gun Controllers Use Fuzzy Math to Push an Agenda That Doesn’t Add Up

There are a lot of things Second Amendment supporters and gun control advocates disagree on, including history, constitutional interpretation, the frequency of armed self-defense, and the role of human agency in violent crime.

But one thing everybody should have a common understanding of is numbers and mathematics.

Unfortunately, recent events show that even when it comes to numerals and counting, gun control supporters inhabit their own alternate reality.

Take, for example, the Statements of Rep. Jerrold Nadler (D-NY), Chairman of the House Judiciary Committee that advanced H.R. 8, commonly referred to as a “universal background check bill,” to the full House floor.

Nadler insisted during Wednesday’s debate on the bill that its opponents were exaggerating the penalties that could be assessed for violations. “I just want to point out that the penalty in this bill that keeps being cited as $100,000 is in fact $1,000,” he said (see this video at the 1:44:11 time mark).

Rep. Mike Thompson (D-CA), -- Chairman of the House “Gun Violence Prevention Task Force” and the author of H.R. 8 -- then took up Nadler’s theme, characterizing the $100,000 fine as among the “outrageous allegations that were made about this bill” (see video at 1:45:13).

Not only did both men neglect to mention that violators can also be punished by up to a year in federal prison – even if the recipient of the private transfer can possess the gun legally and intends to use it only for lawful purposes – both were wrong about the fine.

We think that bears repeating. The two men most responsible for H.R. 8’s passage through the House, including the man credited with writing the bill, both misrepresented the maximum fine that could be imposed for violations of the law it would create.

As Rep. Doug Collins (R-GA) explained later in the debate (see video at 2:25:24), the maximum penalties available for violations of the Class A misdemeanor the bill would create already exist in federal statute and include a term of imprisonment of up to one year (18 U.S.C. § 924(a)(5)) and a fine of up to $100,000 (18 U.S.C. § 3571(b)(5)).

Where in that range a particular violation would be punished would of course be up to the sentencing judge, but nothing in H.R. 8 itself would prevent the judge from imposing the maximum penalties against any violator.

Nevertheless, gun control math requires that when foisting a law upon the public that could criminalize completely harmless conduct – such as gifting a cousin who is a police officer a shotgun to hunt turkeys with – it’s best to minimize the potential penalties by a factor of 100.

Another example of gun control math concerned the debate on H.R. 1112, a bill to extend the waiting period a dealer must observe before deciding whether or not to transfer a firearm to a purchaser whose NICS check has not been completed by the FBI.

Currently, the federal law states that such a transfer may occur when “3 business days … have elapsed, and the system has not notified the [dealer] that the receipt of the firearm by such other person would violate [federal law.]”

This is a critical provision to ensure legally eligible people are not denied firearm purchases simply because the FBI for whatever reason cannot or will not complete their NICS checks.

But in the fuzzy math of gun control, “3 business days” already equals a minimum of 5 calendar days.

That’s because, no matter what time of day the person tries to buy the gun, the ATF doesn’t consider the 3-day clock to start running until the following day.

And, according to ATF, the person isn’t eligible to pick up the firearm on the third day. Rather, the recipient has to wait until the day after the third day.

So 3 actually means at least 5 when it comes to how many days a person has to wait to obtain a firearm when the FBI’s “instant” criminal background check drags on for days, rather than seconds or minutes, the usual timeframe in which it is supposed to complete a check.

As recently as 2013, when the Manchin-Toomey Amendment (another expanded background check provision) was pending, even gun control supporting Democrats were willing to vote for a provision that would have gradually stepped down the 3-day safety valve period to 48 hours and then 24 hours.  That was one of the few provisions in that legislation that made sense. After all, continual advances in computer technology should deliver results more quickly, not less quickly.

But now, six years later, anti-gun Democrats want to go in the opposite direction. Under H.R. 1112, which passed the House on Thursday, the 3-day safety valve for open NICS checks would be eliminated.

The bill’s author, House Majority Whip James Cyburn (D-SC), suggested during debate on the bill that he considered this (a seemingly mandatory) 10-day “cooling-off period” for gun purchases (see video at 25:00), rather than a chance for the FBI to conduct additional research in exceptional cases.

“What would make one so anxious to purchase a gun in the first place?” Clyburn asked rhetorically during his opening remarks. “If you’ve got to have a gun right now, chances are you have no useful purpose, no redeeming value in the purchase of that gun,” he said. Clyburn continued: “And maybe we ought to participate here as members of this body in helping this purchaser with a cooling off period, which is all we’re asking to do here.”

Once again, this was the author of a gun control bill that just passed the U.S. House of Representatives suggesting that Americans, including those in grave danger of violent victimization, should be treated suspiciously for wanting to exercise their constitutional rights without arbitrary delay. Americans would be wise to take him at his word when he described his own legislation this way.

Meanwhile, the anti-gun media tried to minimize H.R. 1112’s effects, claiming the 3-day safety valve period would merely be extended to 10 days to give the FBI more time to conduct checks. See, for example, these articles in the New York Times, the Washington Post, and CNBC.

But contrary to how these and other news stories portrayed the bill, the dealer would not have the option of transferring the gun after the initial 10-day period.

Instead, the prospective purchaser at that point could only petition the FBI for a final answer to the check.

And if the FBI still did not answer, the dealer would have to wait an additional 10 business days before deciding whether or not to transfer the firearm.

So, 10 business days + 10 business days = 20 business days, not 10, as suggested by the numerically-challenged media.

And this is the bare minimum a purchaser with an unresolved NICS check would have to endure.

It’s also important to remember, as we recently noted, that NICS checks expire after 30 calendar days.

So it’s probable that because of weekends and other days when state offices are closed, potential purchasers with open delays will not be able to complete H.R. 1112’s 3-step wait-petition-wait process before they have to undergo another NICs check, which would restart the whole timeline.

When you tally it all up, the 10-day period repeatedly parroted in the uncritical media could actually turn into a repeating loop of month-long delays.

During final debate in the House, a hastily-written amendment was adopted supposedly to fix this problem. It would not.

Numbers, unlike gun control advocates, don’t lie.

And H.R. 8 and 1112 would, if enacted into law, have far-reaching negative effects on law-abiding gun owners.

That you can count on.

 

TRENDING NOW
The Fight to Protect the Firearms Industry Continues

News  

Wednesday, September 23, 2026

The Fight to Protect the Firearms Industry Continues

The political lawfare campaign to dismantle the lawful firearms industry by holding it liable for the criminal misuse of its constitutionally protected products should have never started. U.S. tort law has long held that a ...

Pervasive Surveillance and Data Storage an Emerging Concern for Gun Owner Privacy

News  

Monday, October 5, 2026

Pervasive Surveillance and Data Storage an Emerging Concern for Gun Owner Privacy

Americans have willingly, and sometimes unwillingly, surrounded themselves with technology that watches, listens, records, and remembers. Cars know how and where we drive. Phones track just about everything in our daily routines. 

Creating Crimes Out of Thin Air: Federal Bill Seeks to Treat Air Guns as Firearms

News  

Monday, October 5, 2026

Creating Crimes Out of Thin Air: Federal Bill Seeks to Treat Air Guns as Firearms

A new bill introduced in Congress proposes to regulate “lethal air guns” as firearms under the Gun Control Act of 1968, as amended (GCA). Yet the risk of fatalities and criminal misuse from air guns ...

Bad Faith: Gun Controllers Seek to Enlist Clergy in Firearm Confiscation Efforts

News  

Monday, October 5, 2026

Bad Faith: Gun Controllers Seek to Enlist Clergy in Firearm Confiscation Efforts

It’s often been said that gun control is really about people control. Understanding this, the megalomania gun control advocates exhibit in their never-ending pursuit to control others displays a zealotry often associated with religious fundamentalism.

Taxpayer-Funded Orgs Bankroll Ad Council “Children” and Firearms Propaganda

News  

Monday, October 27, 2025

Taxpayer-Funded Orgs Bankroll Ad Council “Children” and Firearms Propaganda

The idiot box has been living up to the nickname.

Australia’s Gun Laws, Failing in Different Ways

News  

Monday, June 2, 2025

Australia’s Gun Laws, Failing in Different Ways

Everything is relative, so the saying goes, which means that once in a while, it’s instructive to read about the gun laws and the state of gun rights in other countries. 

St. Louis Housing Authority Evicts Man Who Police Say Acted in Self-Defense

News  

Monday, October 5, 2026

St. Louis Housing Authority Evicts Man Who Police Say Acted in Self-Defense

While the state of Missouri is considered a pro-Second Amendment state—including having Constitutional Carry—the City of St. Louis has a tendency to try to go its own way on the matter. The recent case of ...

The New Battleground for Second Amendment Rights: Global Online Content

News  

Monday, October 5, 2026

The New Battleground for Second Amendment Rights: Global Online Content

Artificial intelligence (AI) chatbots – computer programs on websites, messaging apps, and social media platforms designed to simulate human conversation through text or voice – are now ubiquitous. Asked how widespread AI usage is, a ...

Virginia Gun Shops Brace for the New Jerseyfication of the Commonwealth

News  

Monday, September 28, 2026

Virginia Gun Shops Brace for the New Jerseyfication of the Commonwealth

Jay Jones, the anti-gun but pro-bullets to the head Virginia attorney general, announced on September 15 the creation of the Firearms Accountability & Industry Responsibility (FAIR) Unit within the Civil and Criminal Justice & Public ...

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Ban on Firearms Possession by Nonviolent Felons

Thursday, October 1, 2026

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Ban on Firearms Possession by Nonviolent Felons

Today, the National Rifle Association, joined by the Firearms Policy Coalition and Second Amendment Foundation, filed an amicus brief urging the U.S. Supreme Court to hear a challenge to the federal lifetime prohibition on firearms ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.