Instant Background Check



Uber's Background Screening Process Under Scrutiny

Uber's Background Screening Process Under Scrutiny  Uber, a 5-year-old company that has raised about $2.7 billion in cash and is valued by investors at over $40 billion, is in the limelight these days. It is expanding at breakneck speed, hiring thousands [more]

Record Number of FBI Gun Background Checks Set on Black Friday

Record Number of FBI Gun Background Checks Set on Black Friday  Three background checks per second; Black Friday's buying frenzy resulted in the largest ever number of firearms purchased on the US retail day. More than 175,000 gun background checks in total. It has been an [more]

Firearm Background Check Win in Washington State

Firearm Background Check Win in Washington State  Voters have passed a measure to expand background checks on weapon deals and transfers in Washington state. I-594 passed with almost 60 percent voting in support, 40 percent contradicted, with a little more than 870,000 [more]

Upgrades Cause Weeks of Outages of NICs System

Upgrades Cause Weeks of Outages of NICs System  On 9 occasions this week the National Instant Criminal Background Check System reported outages that delayed checks for customers at licensed gun dealers. Ordinarily, the Federal Bureau of Investigation has a 99 percent rate of success [more]

California Lawmakers Passes Firearm Safety Bill

California Lawmakers Passes Firearm Safety Bill  SACRAMENTO, Calif. —California lawmakers on Friday acted on bills that tackle firearm safety and add rules for ammunition sales. The Senate unanimously passed SB505 by Sen. Hannah-Beth Jackson, D-Santa Barbara. It would require officers to search [more]

Poll Shows Continued Support for Firearm Background Checks

Poll Shows Continued Support for Firearm Background Checks  SEATTLE, WA - A newly conducted poll among Washington voters shows strong support for a ballot that would require background checks for all gun sales across the state. Initiative 594, which requires background checks for [more]



Gun Background Checks and The Brady Act

 


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

  • Convicted Felons or those under indictment for a felony
  • Known fugitives from justice in any state
  • Individuals who were dishonorably discharged from military service.
  • Unlawful drug users and convicted drug addicts or dealers
  • Individuals who have ever been involuntarily committed to a mental institution or have been legally declared mentally incompetent
  • Illegal aliens, and those legal aliens who are admitted to the United States on a non immigrant visa, such as a temporary work permit or student visa
  • A person who has officially renounced their American citizenship.
  • Persons convicted of misdemeanor domestic violence offences
  • Someone under certain domestic violence restraining orders

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.

BRADY LAW

STATES IN WHICH THE FBI CONDUCTS NICS CHECKS FOR ALL FIREARMS TRANSACTIONS

Alabama  Kentucky Ohio
Alaska  Louisiana Oklahoma
American Samoa  Maine Puerto Rico
Arizona  Massachusetts Rhode Island
Arkansas  Minnesota South Carolina
Delaware     Mississippi South Dakota
District of Columbia  Missouri Texas
Georgia  Montana Vermont
Guam  New Mexico Virgin Islands
Idaho  New York West Virginia
Indiana  North Dakota Wyoming
Kansas  Northern Mariana Island   



STATES THAT ACT AS THE POINT OF CONTACT (POC) FOR ALL FIREARMS TRANSACTIONS

California Illinois Tennessee
Colorado Nevada Utah
Connecticut New Jersey Virginia
Florida Oregon  
Hawaii Pennsylvania  



STATES THAT ACT AS A PARTIAL POINT OF CONTACT (POC) FOR NICS CHECKS

  • Iowa – Permit POC for handguns. FBI for long guns.
  • Maryland – Maryland State Police for handguns and assault weapons. FBI for long guns and pawn redemptions.
  • Michigan – Permit POC for handguns. FBI for long guns.
  • Nebraska – Permit POC for handguns. FBI for long guns.
  • New Hampshire – New Hampshire Department of Safety for handguns. FBI for long guns.
  • North Carolina – Permit POC for handguns. FBI for long guns.
  • Washington – Chief law enforcement officer for handguns. FBI for long guns and pawn redemptions.
  • Wisconsin – Wisconsin Department of Justice for handguns. FBI for long guns.


The most up-to-date information regarding Point of Contact States can be found on the ATF website at:
http://www.atf.gov/firearms/brady-law/state-lists.html



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