Advisory Commission on the Administration of Justice September 12, Mindy McKay Records Bureau Chief. Dedication, Pride, Service

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Walter Austin
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1 Advisory Commission on the Administration of Justice September 12, 2016 Mindy McKay Records Bureau Chief

2 Authority Housed within the General Services Division of the Department of Public Safety (NRS , , 179A.075) Designated Point of Contact (POC) for access to the National Instant Criminal Background Check System (NICS) for firearms transfers and concealed weapon (CCW) permits per Title 28 Code of Federal Regulations (CFR) Part 25.6(d) & (j) 2

3 POC Process There are multiple scenarios for sealing records impacting both Brady background checks and CCW permit eligibility. If the record is sealed with all agencies prior to a person undergoing a Brady background check, staff is not able to see the person s criminal history record thus no way to prevent someone from receiving a firearm. 3

4 POC Process If the person goes through the Brady background before the record is sealed: Staff will research all prohibitors. If the transaction is denied, a note is placed in a research file and maintained indefinitely. The qualifying prohibitors are entered into the FBI s NICS Index accessible by the FBI and other states. The Brady POC Firearms Unit adheres to the federal retention period established in Title 28 Code of Federal Regulations Part 25.9 with respect to denied transactions and the FBI s NICS Index entries backup documentation. The retention period for denials is indefinitely which is true for the NICS Index entries if the prohibitor is still valid. 4

5 POC Process The transaction can continue to be denied even if the record is sealed since the backup documents are maintained indefinitely as long as the prohibitor is still valid. For example: If it is a qualified Battery Domestic Violence conviction, the transaction is denied until the person receives a pardon. If it is a drug prohibitor, it is denied only for the duration of the established timeframe (1 year after the incident or conviction) or Protection Order with an expiration date. 5

6 POC Process Some of the older cases were not put into the FBI s NICS Index. Therefore, if those people are processed through a Brady background check today and we have all the backup documentation, staff will enter them into the NICS Index even if the record has been sealed. If all of the information isn t received by the third day, the transaction is placed into an unresolved status. The information is retained for 90 days and research continues in order to obtain the required information. If after 90 days there isn t a final determination, the paperwork is shredded therefore no backup documents exist for future transactions. 6

7 POC Process If the person is processed through a Brady background check and the record has been sealed after the 90 days has elapsed, staff will proceed these transactions. Since no backup documentation exists, the transaction cannot be researched or unresolved. The research file will be deleted due to the lack of backup documentation. The research files that are created should be returned with the background check anytime the person is processed through a Brady background check. Only Brady POC Firearms Unit staff can see the research files. CCW permits are not able to access research files. The only way the CCW permit issuing agency would know the person is prohibited is if the person was in the FBI s NICS Index. 7

8 Restoration of Rights A seal doesn t restore the right to bear arms, thus a pardon is the proper process. The FBI doesn t recognize the NV seal process as a restoration of right to bear arms. Brady POC Firearms Unit staff does not access the sealed records prior to making a transfer determination, nor is there a flag indicating such. NRS (6) allows the pardon s board to view sealed records prior to granting a pardon. 8

9 PROHIBITORS Title 18, United States Code (U.S.C.), Sections 921 and 922; Title 27, Code of Federal Regulations (C.F.R.) Part SECTION 922(g)(1) PERSONS WHO HAVE BEEN CONVICTED IN ANY COURT OF A CRIME PUNISHABLE BY IMPRISONMENT FOR TERM EXCEEDING ONE YEAR SECTION 922(g)(2) PERSONS WHO ARE FUGITIVES FROM JUSTICE SECTION 922(g)(3) PERSONS WHO ARE UNLAWFUL USERS OF OR ADDICTED TO ANY CONTROLLED SUBSTANCE. SECTION 922(g)(4) PERSONS WHO HAVE BEEN ADJUDICATED AS MENTAL DEFECTIVES OR HAVE BEEN COMMITTED TO A MENTAL INSTITUTION SECTION 922(g)(5) PERSONS WHO ARE ALIENS AND ARE ILLEGALLY OR UNLAWFULLY IN THE UNITED STATES. SECTION 922(G)(6) PERSONS WHO HAVE BEEN DISCHARGED FROM THE U.S. ARMED FORCES UNDER DISHONORABLE CONDITIONS SECTION 922(g)(7) PERSONS WHO, HAVING BEEN CITIZENS OF THE UNITED STATES, HAVE RENOUNCED THEIR U.S. CITIZENSHIP 9

10 PROHIBITORS Title 18, U.S.C., Sections 921 and 922; Title 27, C.F.R. Part ; and NRS SECTION 922(g)(8) PERSONS SUBJECT TO A COURT ORDER THAT RESTRAINS THEM FROM HARASSING, STALKING, OR THREATENING AN INTIMATE PARTNER OR CHILD OF SUCH INTIMATE PARTNER, OR FROM ENGAGING IN OTHER CONDUCT THAT WOULD PLACE THE PARTNER OR CHILD IN REASONABLE FEAR OF BODILY INJUSRY SECTION 922(G)(9) PERSONS CONVICTED IN ANY COURT OF A MISDEMEANOR CRIME OF DOMESTIC VIOLENCE SECTION 922(n) PERSONS WHO AARE UNDER INDICTMENT OR INFORMATION FOR A CRIME PUNISHABLE BY IMPREISONMENT FOR A TERM EXCEEDING ONE YEAR (g)(3): PERSONS WHO ARE UNLAWFUL USERS OF OR ADDICTED TO ANY CONTROLLED SUBSTANCE. NRS 176A.400, NRS and NRS

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Authorization to Attend. Law Enforcement/Corrections Academy

Authorization to Attend. Law Enforcement/Corrections Academy TO ALL AGENCIES: Agencies have several methods of sending a recruit to the basic recruit program here at Palm Beach State College. The first way is to sponsor the recruit. A sponsored recruit is one in