Report on NICS Records Draws Critism
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Report on NICS Records Draws Critism





A new report on the National Instant Criminal Background Check System (NICS) claiming that thousands of illegal buyers have obtained guns because of inadequate records is drawing criticism from state and federal officials who challenge the report’s accuracy. The report, “Broken Records,” issued by the gun control advocacy group Americans for Gun Safety Foundation (AGSF) says that over a 30-month period some “10,000 felons and others prohibited from buying guns were able to pass background checks and get firearms because most states have failed to adequately automate background check records.” The problem, according to AGSF, is that insufficient records are delaying the completion of background checks beyond the three-day window given the FBI to either approve or deny a firearm sale. After three business days have elapsed, if a firearm dealer has not heard from the FBI, he may proceed with the transaction. It is these “default proceed” transactions that AGSF says put guns in criminal hands, and the group is urging that no gun sales be made until the FBI has thoroughly investigated them no matter how long it may take. However, officials from at least three states that got failing grades in the AGSF report dispute the group’s conclusions. The Kansas Bureau of Investigation and a local agent with the Bureau of Alcohol, Tobacco & Firearms say that just because some background checks are not completed within a three-day period does not mean illegal gun sales are the result. “We check all those out,” said an ATF official in Kansas City noting that “in many cases, it turns out the person shouldn’t have been blocked anyway.” If alerted that an illegal buyer obtained a gun, the agency goes after him the official said. South Carolina Attorney General Charlie Condon defended his state’s computerized records and described the AGSF report as “false information,” adding “we’re doing a good job in terms of checking people appropriately.” Pennsylvania State Police Commissioner Paul J. Evanko “flunked” the AGSF for “poor research” of his state’s computerized screening system. “The statistics show that the Pennsylvania Instant Check System (PICS) is one of the best – if not the best – in the nation for keeping weapons out of the hands of those who shouldn’t have them. We are extremely proud of PICS,” Evanko said. According to an FBI “Operations Report” released in April of last year analyzing the first 25 months of NICS (Dec. 98 through Dec. 2000), 18.5 million checks had been conducted with some 300,000 (2% of the total) resulting in denied sales.

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