The controversy regarding the alleged failure of the FBI to properly run a background check, which allowed Dylan Roof to purchase a firearm, is apparently not over just yet. A judge has denied all of the motions to dismiss the case and has now allowed it to proceed. United States District [more]
San Antonio, Texas - Ride share drivers for companies such as Uber and Lyft are now being given additional incentives to comply with criminal background checks that were made optional late last year. To entice drivers to undergo fingerprint checks, the city has launched a new program that gives drivers [more]
Staff members inside the White House are usually heavily scrutinized and checked before they are allowed to hold any kind of position inside the official residence and principal workplace of the President of the United States. However, reports have revealed that a new set of FBI background checks was apparently [more]
SANTA FE, N.M. - An amended version of the New Mexico extended background check bill is now heading to the house floor. The House Consumer and Public Affairs recently voted 3-1 to approve the new house bill, HB 50, which seeks to extend the requirement of background checks for gun [more]
President Donald Trump's executive order to deny refugees and immigrants from entering the United States sent shockwaves around the country and sparked protest from Muslim and Non-Muslim American citizens. Over the weekend, protest erupted in various locations around the country including several rallies in large airports in New York, Denver, [more]
Gun rights advocates have reportedly now lobbied for the incoming Trump administration to do away with a recently finalized ruling that would collate information gathered from the Social Security System into the FBI's National Instant Criminal Background Check System (NICS) database. The ruling was originally submitted as part of the [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.