§40902 — Title 34 Navy | U.S. Code

Summary

Congress found that the gun background-check system (NICS) needs faster, better access to state records on criminal history, case outcomes, mental health commitments, restraining orders, and misdemeanor domestic-violence convictions so the FBI can complete checks quickly and correctly. From November 30, 1998, through December 31, 2004, about 916,000 people were stopped from buying guns after failing checks and nearly 49,000,000 Brady background checks were processed. Nearly 21,000,000 criminal records are not available to NICS and many records miss key data, which causes delays. Congress says the main causes of delay are missing updates and the lack of automated access. Making records electronic or otherwise usable, and helping States automate them, will cut delays for lawful buyers. Two shootings show the danger: on March 12, 2002 the Our Lady of Peace Church shooter in Lynbrook, NY, had a disqualifying mental health commitment and a restraining order but passed a check, and on April 16, 2007 the Virginia Tech shooter, despite a history of mental illness, was able to buy two guns.

Title 34, §40902

Navy — Source: USLM XML via OLRC

Congress finds the following:

(1)Approximately 916,000 individuals were prohibited from purchasing a firearm for failing a background check between November 30, 1998, (the date the National Instant Criminal Background Check System (NICS) began operating) and December 31, 2004.

(2)From November 30, 1998, through December 31, 2004, nearly 49,000,000 Brady background checks were processed through NICS.

(3)Although most Brady background checks are processed through NICS in seconds, many background checks are delayed if the Federal Bureau of Investigation (FBI) does not have automated access to complete information from the States concerning persons prohibited from possessing or receiving a firearm under Federal or State law.

(4)Nearly 21,000,000 criminal records are not accessible by NICS and millions of criminal records are missing critical data, such as arrest dispositions, due to data backlogs.

(5)The primary cause of delay in NICS background checks is the lack of—

(A)updates and available State criminal disposition records; and

(B)automated access to information concerning persons prohibited from possessing or receiving a firearm because of mental illness, restraining orders, or misdemeanor convictions for domestic violence.

(6)Automated access to this information can be improved by—

(A)computerizing information relating to criminal history, criminal dispositions, mental illness, restraining orders, and misdemeanor convictions for domestic violence; or

(B)making such information available to NICS in a usable format.

(7)Helping States to automate these records will reduce delays for law-abiding gun purchasers.

(8)On March 12, 2002, the senseless shooting, which took the lives of a priest and a parishioner at the Our Lady of Peace Church in Lynbrook, New York, brought attention to the need to improve information-sharing that would enable Federal and State law enforcement agencies to conduct a complete background check on a potential firearm purchaser. The man who committed this double murder had a prior disqualifying mental health commitment and a restraining order against him, but passed a Brady background check because NICS did not have the necessary information to determine that he was ineligible to purchase a firearm under Federal or State law.

(9)On April 16, 2007, a student with a history of mental illness at the Virginia Polytechnic Institute and State University shot to death 32 students and faculty members, wounded 17 more, and then took his own life. The shooting, the deadliest campus shooting in United States history, renewed the need to improve information-sharing that would enable Federal and State law enforcement agencies to conduct complete background checks on potential firearms purchasers. In spite of a proven history of mental illness, the shooter was able to purchase the two firearms used in the shooting. Improved coordination between State and Federal authorities could have ensured that the shooter’s disqualifying mental health information was available to NICS.

Editorial Notes

Codification Section was formerly classified in a note under section 922 of Title 18, Crimes and Criminal Procedure, prior to editorial reclassification and renumbering as this section.

§40902 Findings

Summary

Title 34, §40902

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata