Florida state officials have just announced that thousands of Florida residents who currently possess firearm concealed carry permits may have just had their information compromised. Thousands of names of holders and hundreds of Social Security numbers were reportedly stolen by hackers. The data breach was initiated through the online payment system [more]
The state of Arizona has passed a brand new State Bill, which is obviously aimed at Tucson city's stubborn stance on firearm background checks. The new law is specifically targeting the private sale of guns amongst citizens. A city ordinance that required background checks for gun sales was passed more [more]
A new legislation that would have required health care workers in Colorado to undergo a fingerprint background check has now been stopped dead in its tracks in the state's Senate committee. The bill was an effort by Democrats to disqualify convicted felons and known offenders from holding sensitive positions in [more]
Despite the industry's initial forecast of slower gun sales under president Trump's administration, the FBI background check data has now shown a surprising spike for gun sales last month. The number of background checks that were conducted last month only serves to prove that having a gun-friendly president will not [more]
In a rather unexpected turn of events, gun sales for the past few months have steadily been declining, despite Trump's win in the United States Presidential Elections. With a president that is strongly supportive of second amendment rights, gun sales should have increased seeing as that there is now fewer restrictions [more]
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]
Thanks to his desire to impress a young actress, in March of 1981, John Hinckley attempted to assassinate then President Ronald Reagan using a legally licensed gun he had been able to easily purchase, despite the fact that he had been institutionalized for mental problems several times in the past and had previous firearms related arrests.
Fortunately he did not succeed, but James Brady, Reagan's White House Press Secretary was seriously wounded and remains disabled to this day. Hinckley was found not guilty by reason of insanity.
The Brady Gun Background Check Act was enacted in the former press secretary turned gun control advocates name in 1994, and its major provision is that anyone wishing to purchase a firearm must undergo a gun background check before being allowed to do so. Gun background checks must be performed by anyone selling a firearm in any state in the Union.
A gun background check can be performed most easily by accessing the National Instant Criminal Background Check System, which is run by the Federal Government. The system is available to licensed gun dealers and pawnbrokers seven days a week, and on every day of the year except Christmas and Thanksgiving.
The Brady Bill also clearly established what persons are not to be allowed to purchase a firearm. These are
The law requires that a gun background check should use the NICS system to be conducted upon those wishing to purchase both a long rifle and/or hand gun. Once someone has been disallowed from purchasing a firearm based upon the results of a gun background check this information is added to the NICS database so that in the future a gun dealer can see straight away that the person attempting to buy a firearm is not legally entitled to do so.
The penalties for those people who do sell restricted firearms to disqualified individuals have become very harsh since the enactment of the Brady Bill so to expect a reputable dealer to bypass the required gun background check to make a quick sale is unreasonable and unrealistic. The legal penalties are equally harsh for qualified individuals who purchase a firearm that they then provide to an unqualified person, whether money exchanges hands or not.
The need for gun background checks does not extend to all firearms purchases though. Certain private transactions are exempt and a gun classified as a "curio or relic" is also exempt. To be classified as a "curio" the piece must be over fifty years old.
STATES IN WHICH THE FBI CONDUCTS NICS CHECKS FOR ALL FIREARMS TRANSACTIONS
|American Samoa||Maine||Puerto Rico|
|District of Columbia||Missouri||Texas|
|Guam||New Mexico||Virgin Islands|
|Idaho||New York||West Virginia|
|Kansas||Northern Mariana Island|
STATES THAT ACT AS THE POINT OF CONTACT (POC) FOR ALL FIREARMS TRANSACTIONS
STATES THAT ACT AS A PARTIAL POINT OF CONTACT (POC) FOR NICS CHECKS
The most up-to-date information regarding Point of Contact States can be found on the ATF website at: