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]
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: