34 U.S.C. § 40902 — Findings
submitted 18 years ago by Pub. L. 110-180 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 464 words · no verdicts yet
Congress found that many gun background checks were delayed by missing records. States often hadn't shared complete criminal history or mental health information with NICS. Congress cited the 2002 Lynbrook church shooting and 2007 Virginia Tech shooting as proof this gap matters.
Congress made nine findings to explain why this law is needed:
- About 916,000 people were blocked from buying a firearm after failing a background check between November 30, 1998 (when NICS started) and December 31, 2004.
- During that same period, NICS processed nearly 49,000,000 Brady background checks.
- Most checks finish in seconds, but many are delayed because the FBI doesn't have automatic access to complete state records on who is barred from having a gun.
- Nearly 21,000,000 criminal records can't be reached through NICS, and millions more are missing key details, like the final result (disposition) of an arrest, because of processing backlogs.
- The main cause of these delays is that states haven't (A) updated and shared their criminal case records, or (B) given automatic access to records about mental illness, restraining orders, or misdemeanor domestic violence convictions.
- This access can improve by (A) putting criminal history, case dispositions, mental illness records, restraining orders, and domestic violence convictions into computer systems, or (B) making that information usable by NICS.
- Helping states automate these records will cut delays for people who are legally allowed to buy a gun.
- On March 12, 2002, a shooting at Our Lady of Peace Church in Lynbrook, New York killed a priest and a parishioner. The shooter had a disqualifying mental health commitment and a restraining order against him, but passed his Brady background check because NICS didn't have that information.
- On April 16, 2007, a Virginia Tech student with a history of mental illness shot and killed 32 people, wounded 17 more, and then killed himself — the deadliest campus shooting in U.S. history. Despite his documented mental illness, he was able to buy the two guns he used. Better coordination between state and federal authorities could have kept that disqualifying information out of his hands.
Congress finds the following:
Approximately 916,000 individuals were prohibited from purchasing a firearm for failing a background check between November 30, 1998, (the date the National Instant Criminal Background Check System (NICS) began operating) and December 31, 2004.
From November 30, 1998, through December 31, 2004, nearly 49,000,000 Brady background checks were processed through NICS.
Although most Brady background checks are processed through NICS in seconds, many background checks are delayed if the Federal Bureau of Investigation (FBI) does not have automated access to complete information from the States concerning persons prohibited from possessing or receiving a firearm under Federal or State law.
Nearly 21,000,000 criminal records are not accessible by NICS and millions of criminal records are missing critical data, such as arrest dispositions, due to data backlogs.
The primary cause of delay in NICS background checks is the lack of—
updates and available State criminal disposition records; and
automated access to information concerning persons prohibited from possessing or receiving a firearm because of mental illness, restraining orders, or misdemeanor convictions for domestic violence.
Automated access to this information can be improved by—
computerizing information relating to criminal history, criminal dispositions, mental illness, restraining orders, and misdemeanor convictions for domestic violence; or
making such information available to NICS in a usable format.
Helping States to automate these records will reduce delays for law-abiding gun purchasers.
On March 12, 2002, the senseless shooting, which took the lives of a priest and a parishioner at the Our Lady of Peace Church in Lynbrook, New York, brought attention to the need to improve information-sharing that would enable Federal and State law enforcement agencies to conduct a complete background check on a potential firearm purchaser. The man who committed this double murder had a prior disqualifying mental health commitment and a restraining order against him, but passed a Brady background check because NICS did not have the necessary information to determine that he was ineligible to purchase a firearm under Federal or State law.
On April 16, 2007, a student with a history of mental illness at the Virginia Polytechnic Institute and State University shot to death 32 students and faculty members, wounded 17 more, and then took his own life. The shooting, the deadliest campus shooting in United States history, renewed the need to improve information-sharing that would enable Federal and State law enforcement agencies to conduct complete background checks on potential firearms purchasers. In spite of a proven history of mental illness, the shooter was able to purchase the two firearms used in the shooting. Improved coordination between State and Federal authorities could have ensured that the shooter’s disqualifying mental health information was available to NICS.
Source credit: (Pub. L. 110–180, § 2, Jan. 8, 2008, 121 Stat. 2559.)
- 2008Enacted · Pub. L. 110-180 · 121 Stat. 2559
A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-180 on 2008-01-08.
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