January 2018

NICS Gets Attention, Good and Bad

gun tests editor todd woodard

The FBI’s National Instant Criminal Background Check System (NICS) has been getting a lot of attention recently. If you’ll recall, a court-martialed Air Force veteran purchased a rifle illegally and used it to kill 25 people inside a Sutherland Springs, Texas, church on Nov. 5. Turns out that the Air Force had not provided the FBI with details of the court martial. The Air Force also missed the shooter’s initial arrest on domestic-abuse charges and his 2012 escape from a New Mexico behavioral health facility. Had NICS been properly updated, it’s likely the system would have blocked the sale of the murder weapon to the shooter, whose name I won’t repeat.

Federally licensed retailers (FFLs) are required to run a background check through NICS when transferring a firearm to an individual. Firearms retailers rely on NICS to ensure the lawful transfer of firearms to law-abiding citizens. About 260 million NICS background checks have been conducted from Nov. 30, 1998 through March 31, 2017; more than 27 million were conducted in 2016 alone.

However, a background check is only as good as the records in the database. That is why the firearms industry supports improving the current NICS system by increasing the number of prohibiting records states submit to the FBI databases, helping to prevent illegal transfers of firearms to those who are prohibited from owning firearms under current law. Including these missing records will help ensure more accurate and complete checks.

States must improve the NICS database by submitting any and all records establishing an individual is a prohibited person, such as mental health records showing someone is an “adjudicated mental defective” or involuntarily committed to a mental institute, as well as official government records showing someone is the subject of a domestic violence protective order, a drug addict, or subject to another prohibited category.

The existing background check system must be fixed, otherwise we’ll just have more incomplete and inaccurate checks.

Fixing NICS is complicated, however, because new gun owners keep buying more guns. NICS processed a record 27.5 million background checks in 2016. Then to top that off, Black Friday 2017 saw the system get 203,086 requests, up from the previous single-day Black Friday highs of 185,713 last year and 185,345 in 2015. (I would remind Gun Tests readers that gun checks are not a measure of actual gun sales. The number of firearms sold on Black Friday 2017 is likely higher because multiple firearms can be included in one transaction by a single buyer. Also, most states’ CHL holders don’t need NICS checks run on their purchases.)

At Gun Tests, we’re happy to have contributed to the record-breaking sales of firearms — informed gun consumers are usually active buyers, or so you tell me. But no law-abiding gun owners want firearms in the hands of criminals or other prohibited persons.

Come on, Fibbies, do your job.

Comments (1)

I'm going to give a contrary opinion to the author's story. Here's why: The jurisdiction of the federal government does not extend beyond the "ten miles square" identified in the "enclave clause under the federal constitution at Article I, section 8 clause 17, which identifies the United States jurisdiciton: ."The Congress shall have Power To ...exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States....".

Since this is a matter of fact, and not conjecture, assumptions or presumptions, people in any of the several states are not required to get an FFL to sell arms, which we shall call for purposes of this subject, "pistols" and "rifles."

One does not have to get a FFL to sell arms unless they are within Washington City (Washington D.C.,), Guam, Puerto Rico, Virgin Isles, American Samoa, or any territories or possession of the United States. Territories and Possessions of the United States are not the several states in the Union, known as the 48 states (before Alaska and Hawaii were unconstitutionally admitted).

Each of our Senators and Congressmen/women took an oath to support and defend the federal constitution, yet they have violated their oaths, and have committed treason by passing the unconstitutional "National Firearms Act of 1934," and, the "Gun Control Act of 1968," plus many others.

Since those are unconstitutional, being that the Senate and Congress knowingly passed these federal laws (which are inoperative in each of the states) which were known to them to be unconstitutional, they committed treason. The penalty for treason is death.

So, to put it all into perspective, each person selling a pistol, rifle or shotgun is not required to have you do anything at all; and, no person buying a pistol, rifle or shotgun is obligated to identify himself, give personal information, or fill out any application, or paper in order to buy.

Our founding fathers' intent was that the federal government was to support each of the Sovereign states, not be their master.

You now know, that you as Americans must disregard all of the federal laws regarding arms under the National Firearms Act of 1934 and the Gun Control Act of 1968, plus many others, unless you are within Washington City(D.C.), Guam, Puerto Rico, American Samoa, Virgin Islands, Puerto Rico. Simply being is Missouri, California, New York, or any other State you're not required to perform sales, or purchase under any of the foregoing laws.

Now, the choice is yours. If the federal or state authorities bust you, your plea would be not guilty because those laws are unconstitutional.

Posted by: 2nd Amendment Supporter | January 16, 2018 12:05 PM    Report this comment

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