Federal law already prohibits those with a criminal record from obtaining firearms, but a newly passed law in New York aims to expand that to include people who had had domestic violence convictions. The new bill, which New York lawmakers have just recently approved along with the state’s new budget, [more]
Ever since the tragic mass shooting in Las Vegas, where the shooter used a bump stock-equipped rifle to kill 58 people, the particular accessory has been under scrutiny. Now, President Donald Trump has announced that he will be banning the buying and selling of the gun accessory to finally end the [more]
Several youth groups, including those formed by students at the Marjory Stoneman Douglas High School, have started to rally in different locations across the country in an effort to stress the importance of gun control. A group called Teens for Gun Reform, which was organized by students through Facebook staged [more]
The FBI has recently released the official FBI NICS Background Check data for January 2018 and it looks like the country's gun sales are continuing its steady decline. According to the recently published data, estimated firearms sales last month fell by 8 percent. Dealers across the country managed to process [more]
The Federal Bureau of Investigation has reportedly sent a request for agents of the Bureau of Alcohol Tobacco Firearms and Explosives to retrieve more than 4,000 firearms that were purchased last year. The guns to be confiscated are from owners who should have been prohibited from acquiring them in the [more]
The United States Air Force has announced that it has already launched an investigation to find out why the criminal records for Devin Patrick Kelly, the shooter who killed 26 church-goers in Sutherland Springs, weren't forwarded to the FBI National Instant Criminal Background Check System. According to application forms acquired [more]
There are recourses available for those who fail to pass the National Instant Background Check, although few cases have been won. There is a specific criterion for inclusion on the list and that criterion is quite black and white. For instance, if you have plead guilty or no contest to a criminal act even if in fact you were not actually culpable for the act, your name would still end up on the denial list. You simply fit the criteria that the federal government has set in place. No contest pleas are not an admission of guilt but are a consenting agreement that the prosecution has enough evidence to discourage your chances with a jury. Whether or not you are actually guilty of committing the criminal act has no bearing on the fact that your name will be added to the National Instant Criminal Background Check System and you will be denied the purchase of a firearm.
There is nothing unconstitutional about the National Instant Criminal Background Check System (NICS) despite numerous attempts to claim that it is. In the United States, people maintain the right to bear arms until they perform an action that causes the government to believe that they might be a danger to society should they receive a firearm. Being arrested for the failure to pay a parking ticket is huge annoyance, but will not land you on the NISC list. Rather, being arrested for fleeing to avoid apprehension just very well might if you are armed or you put others in danger during the pursuit.
The government does a short review of criminal and mental health cases in order to determine the correct candidates for the denial list for the National Instant Criminal Background Check. This short review includes evaluation of the accused criminal act or mental health diagnosis and a brief review of the final outcome. It does not involve an in depth study of the facts of the case.