Background Checks. Brian Malte, Sr. National Policy Director Brady Campaign to Prevent Gun Violence. policy

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1 Background Checks Brian Malte, Sr. National Policy Director Brady Campaign to Prevent Gun Violence 1

2 TRAGIC HUMAN COST WHEN GUNS ARE SOLD WITHOUT A BACKGROUND CHECK Ricky Byrdsong was gunned down in front of his children by white supremacist Benjamin Nathaniel Smith, who was on a three-day, two-state killing spree, targeting minorities. Smith tried to buy two handguns and a shotgun from a licensed dealer, but through a Brady background check, it was discovered that he was prohibited, as Smith s ex-girlfriend had taken out a protection order on him. The dealer turned Smith away without a gun. But Smith was able to turn to classified ads in the local paper, where he found Donald R. Fiessinger, an unlicensed seller in central Illinois who was willing to sell him two pistols with no background check.

3 HISTORY & TIME LINE OF BACKGROUND CHECKS Congress passed Congress passed Establishment of NICS Improvement the Gun Control Act the Brady Bill the National Act signed into law establishing to require Instant Check appropriating more prohibited background System (NICS), money for states to categories of checks at Federal sunset of waiting upload records to gun purchasers Firearm Licensee period, added long NICS guns

4 FEDERAL FIREARMS LICENSE A Federal Firearms License (FFL) is a license in the United States that enables an individual or a company to engage in a business pertaining to the manufacture of firearms and ammunition or the interstate and intrastate sale of firearms.

5 FFL REQUIREMENTS Maintain records of all firearms receipts and dispositions, including the name, age, and place of residence of purchasers Respond immediately to firearms trace requests by law enforcement Deliver their records to the ATF if discontinue business

6 FEDERAL DATABASE Federal government does not maintain records of FFL firearms transactions, other than out-of-business records, reports of multiple handgun sales, and records of firearms traces

7 THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM Launched November 30, 1998 Located at the FBI s Criminal Justice Information Services Division in Clarksburg, West Virginia FFLs contact the NICS Section via a toll-free telephone number or via the Internet through E-Check System to request a background check

8 STATE POINTS OF CONTACT (POC) States have option of requiring dealers to conduct background checks through state or local agencies, called Points Of Contact, or directly through the FBI. State databases include information that may be unavailable to the FBI 13 states are full POCs 7 states partial

9 FBI SEARCHES INCLUDE FOUR FEDERAL DATABASES: The National Crime Information Center (NCIC): records of fugitives and those subject to protective orders The Interstate Identification Index: state criminal history records Department of Homeland Security s U.S. Immigration and Customs Enforcement: non-u.s. citizens The NICS Index: persons determined to be prohibited under federal or state law from possessing firearms

10 FEDERAL PROHIBITED CATEGORIES: Felons Fugitives Underage Adjudicated mental defective or committed to a mental institution Unlawfully in the U.S. or admitted to the U.S. under a nonimmigrant visa Dishonorably discharged from the military Renounced U.S. citizenship Convicted of a misdemeanor offense of domestic violence Court-issued restraining order

11 HOW A CHECK WORKS Fill out Form 4473 at an FFL FFL calls FBI or POC to conduct check After initial search, sale goes through, denied or further investigation pending Sale may proceed after 3 business days if no determination. FFL keeps 4473 on file

12 FORM 4473

13 SPEED OF BACKGROUND CHECKS 72 seconds Average time for a check in % Immediate Determination Rate

14 BACKGROUND CHECKS UPHELD IN THE COURTS Background checks are constitutional and do not take away rights of responsible, lawabiding citizens (Heller Decision) Prohibited categories have been challenged and upheld (Castleman) 14

15 DEFAULT PROCEEDS If a firearms dealer who has initiated a background check has not been notified within three business days that the sale would violate federal or state laws, the sale may proceed by default. This default proceed provision allowed 3,722 prohibited purchasers to buy guns in That s about 10 prohibited people per day getting guns. People like the Charleston shooter. (Criminal Justice Information Services Division of the Federal Bureau of Investigation, U.S. Department of Justice,National Instant Criminal Background Check System (NICS) Operations 2012, at

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17 Brian Malte Sr. National Policy Director Brady Campaign to Prevent Gun Violence Phone: