The National Instant Criminal Background Check System Improvement Act of 2003
(S. 1706/HR 3237, 2003)

The bill improves the nation’s system to prevent criminals and other prohibited buyers from obtaining guns (a.k.a. NICS): According to a report released by Americans for Gun Safety Foundation in January 2002, millions of records are missing from the NICS database. Over a 30-month period, 10,000 criminals obtained a firearm despite a background check because the records couldn’t be checked properly within the three days allowed by federal law. In addition, AGSF stated that thousands of other prohibited buyers will never be stopped because very few restraining orders, drug abuse or mental disability records are kept at all.

Better records would mean more accurate background checks – checks that would stop prohibited buyers while allowing legitimate buyers to be approved. And the bill’s supporters stress that better records put the “instant” back into instant check, because delays occur when records have to be searched manually.

Missing Records

Currently, there are over 30 million records missing from the NICS:

· Felony Records: The typical state has automated only 58% of its felony conviction records. The FBI estimates that 16 million of 39 million felony arrest records lack final disposition information.

· Mental Health: 33 states keep no mental health disqualifying records and no state supplies mental health disqualifying records to NICS. The General Accounting Office (GAO) estimates that 2.7 million mental illness records should be in the NICS databases, but less than 100,000 records are available (nearly all from VA mental hospitals). States have supplied only 41 mental health records to NICS. Combined with the federal records, the GAO estimates that only 8.6% of the records of those disqualified from buying a firearm for mental health reasons are accessible on the NICS database.

· Drug Abusers: The General Accounting Office estimates that only 3% of the 14 million records of drug abusers are automated (not including felons and wanted fugitives). States have supplied only 97 of those records to NICS, which the GAO estimates as representing less than 0.1% of the total records of those with drug records that would deny them a firearm.

· Domestic Violence: 20 states lack a database for either domestic violence misdemeanants or temporary restraining orders or both. 42% of all NICS denials based on restraining orders come from one state – Kentucky – which does the best job of automating temporary restraining orders (TROs) from the bench. The Department of Justice (DoJ) estimates that nearly 2 million restraining order records are missing from the database.

The Benefits Of Better Records

Better records mean that many more prohibited buyers would be stopped from buying a gun than are stopped now. That is because when a restraining order, drug abuse or mental health record is missing, nothing in the NICS system indicates a reason to delay the sale and search records. NICS simply approves the transaction – usually within three minutes. That means whether the time allowed to conclude a background check is 3 hours, 3 days, or 3 months, many prohibited buyers would pass a background check because nothing in the system flags NICS of potential problems. Poor records are why:

· Less than one in 10,000 prospective buyers have been stopped based on the mental health disqualification.

· Less than 1 of 1,000 prospective buyers have been stopped based on a restraining order disqualification.

· Less than 1 of 1,000 prospective buyers have been stopped based on a drug disqualification.

Mental health, restraining order, and drug records are simply not in the system in most states. Comparatively, Kentucky, which takes care to automate restraining order records quickly and comprehensively, stops gun buyers in record numbers. If all states kept these records as well as Kentucky, thousands of people with restraining orders who are now able to pass a background check would be stopped.

Supporters of HR 4757

Americans for Gun Safety: “This legislation … will make the instant background check system truly instant and accurate, stopping prohibited buyers quickly and approving legitimate firearms transfers in a timely manner.”

National Rife Association: “By making sure the system has instant access to any relevant and legally permissible records necessary to determine if an individual is prohibited from possessing a firearm, law-abiding gun purchasers should experience fewer delays, while firearms can be successfully denied to violent criminals and those adjudicated mentally incompetent.”

Brady Campaign to Prevent Gun Violence: “Expanding the scope of the NICS will greatly enhance the effectiveness of the system and, if enacted, this measure would certainly result in saved lives.”

June 17, 2005