By Lawrence G. Keane
U.S.A. –-(Ammoland.com)- With U.S. House passage of H.R. 38 this week, as amended to include the Fix NICS Act, we are moving toward the one reform that will do the most to help keep firearms out of the hands of those who should not have them. And, despite what some have falsely claimed, it will do so while not interfering with the Second Amendment rights of law-abiding Americans.
The National Instant Criminal Background Check System (NICS) was established 17 years ago with Congressional passage of the Brady Act. Today, it is generally not known that the instant criminal background check system itself was the recommendation of the firearms industry, long before there was a Brady Act. The operating principle then and now is to protect the Second Amendment rights of law-abiding citizens — and the lawful commerce in firearms — while denying access to firearms by those prohibited by current law from purchasing or possessing guns.
Fix NICS is Not Gun Control
Unlike restrictions on semi-automatic rifles or magazine capacity, Fix NICS is not a “gun control” measure, no matter how some opportunistic co-sponsors on that side of the gun debate may choose to characterize the bill. In truth, the legislation is based on the previous state-level work of the firearms industry to improve a system put into place nearly two decades ago. Ever since its inception, NICS has been hamstrung by the systemic failure to include all necessary disqualifying records in its database.
There are many reasons for this failure. And even so, for the most part, the system works. We know this system better than anyone because our retailers are on the front lines every day using it to help protect public safety. That’s why we launched the FixNICS initiative in 2013. The legislation before Congress is built on this experience.
We are nearing the end of the fourth year of our industry’s national effort, led by the National Shooting Sports Foundation, to ensure that the system has all the appropriate disqualifying criminal and adjudicated mental health records put into it. We have been successful through our direct efforts with 16 state legislatures to pass reforms to ensure that there are no statutory, regulatory, administrative or procedural impediments to entering all appropriate records into NICS.
NSSF’s work has resulted in a 170 percent increase in records submission, to 4.5 million in 2016 up from only 1.7 million in 2013. That is a record of accomplishment. The legislation now before the U.S. Senate will build on this success by providing incentives for states to submit records and help ensure that the military and federal agencies do their part, as already required under federal law.
Now, let’s discuss what the bill does not do. The definition of a prohibited person is not being expanded. Unelected government bureaucrats cannot unilaterally and arbitrarily put the names of law-abiding Americans into the NICS database to stop them from buying firearms, no matter how loudly some might claim. But it will stop prohibited people like the murderer of the innocent victims in Sutherland Springs from being able to purchase firearms from a federally licensed firearms retailer.
If not NICS, What?
For those on the pro-gun side who argue online or respond to posts with the message that the entire system should be scrapped for whatever reason, or that it will lead someday to a national gun registry, you need to hear this: Take a breath, think.
If there was not a NICS system, we would have had some other system imposed, just as we did in the five years before NICS was implemented. The Brady Act imposed a waiting period while NICS was under construction. Would you prefer that? Existing federal law prevents a national registry. That will not change with Fix NICS.
Opposing this legislation because a vocal anti-gun Senator has signed on as a co-sponsor is easy, but it accomplishes nothing meaningful. Most Americans want a system to ensure that gun buyers are law-abiding and not mentally ill. That’s why we have NICS. It is politically unrealistic to think that the abolishment of NICS is even remotely possible. It is absurd to think we can support our Second Amendment rights without it.
No one who sells firearms for their livelihood wants to put a gun into the hands of a criminal or a mentally unstable individual. While we know it’s not perfect, we want to work to improve the system – not expand the law – but improve the system. That’s what the Fix NICS Act will do.
We will oppose any senators’ amendments that may be offered that would be truly anti-gun. These senators need to know that they will fail if they put on a show of placing politics ahead of enacting needed reform and attempt to amend the legislation with a Christmas wish list of unworkable and unconstitutional measures. They will fail their constituents and they will fail America.
We have your back. Beware of those trying to politicize the issue – from either side.
About NSSF
The National Shooting Sports Foundation is the trade association for the firearms industry. Its mission is to promote, protect and preserve hunting and the shooting sports. Formed in 1961, NSSF has a membership of more than 6,000 manufacturers, distributors, firearms retailers, shooting ranges, sportsmen’s organizations and publishers. For more information, log on to www.nssf.org.
So the VA has put in some estimates 250,00 Vets on the nics list for having some one take care of their finances. Obama tried to do the same with people on Social Security. For years the liberal gun grabbers in congress like feinstein have tried to put all Vets on the list to not own firearms. You know we were in combat and we are all mentally ill or have PTSD. What happens when another million or so Vets are told you can’t own firearms and they refuse to be disarmed. We are talking people that know and understand… Read more »
Trying to fix an inherently flawed system by throwing money at it is pure folly.
If there is a prohibition of future encroachments by the Feds on the requirements to obtain a carry permit, I might support this bureaucratic solution to a cultural problem. But I can see it now, once this passes, the states with high levels on micromanagement of our rights will want more restrictions on the other states so the minimum level becomes the absurd levels they have (like NY, CA, etc.) and within a couple decades it will become a federal system with its own self-serving agency, expensive and difficult to obtain training requirements, inspections….
IF the Feds are serious about fixing the BGC system, first step would be to investigate EVERY incidence of a deny code. DID the applicant make any lfase statements, or was he merely truly ingorant that the bust he got for kicking his neighbour’s vicious dog rose to a felony level thus disquaifying incident? Ir did he serve jail time for a serious gun chargr five years ago and knows full well, as a specified part of his sentene that he’d never be able to own arms again? That business about vets and SS recipients who aren’t handy with numbers… Read more »
A well-reasoned article; and by an authoritative source. First, let me say that I think FFLs running NICS checks is a WASTE of resources. Nevertheless, anyone who thinks that eliminating NICS is a possibility is delusional. So, what should we do? Waste our efforts trying to eliminate NICS? Or, invest our efforts in something we might be able to accomplish? My policy is to frankly criticize NICS at FFLs while REFRAINING from any advocacy to eliminate it. Second, imagine there were no NICS. There would still be FBI national databases. Police and prosecutors need to know when they have detained/arrested… Read more »
The existing NICS system has affected me. Everytime I buy a gun I get a delay lasting about 3 days. That makes it impossible for me to buy a gun at a gunshow. I am NOT ineligible to own a firearm. Rather I am a victim of an ill advised law that affects only the law abiding. That is why this Texan will be voting against Sen John Cornyn for sponsoring an anti gun bill.
I must take you to task on one of your statements.You say ‘But it will stop prohibited people like the murderer of the innocent victims in Sutherland Springs from being able to purchase firearms from a federally licensed firearms retailer.’ That is not an accurate statement! Fact is that the laws already exist for this to take place and it did not happen. The issue is that no punishment was handed out for failing to follow the existing laws and regulations. I am not sure where you seem to think adding laws that are the same as existing laws fix… Read more »
I always trip over the bogus claim that “It will NOT interfere with the Second Amendment rights of law-abiding Americans.” The HELL it won’t. It already does. Being compelled to ask government permission to exercise a right converts the right into a revocable government-issued privilege. That is a TAKING of the right. And it is worse than that: In order to get that bogus government permission government has NO AUTHORITY to issue or deny, the citizen has to WAIVE his or her 4th Amendment-protected right to be secure from SEARCH of his private ‘papers and effects’ on government databases when… Read more »
“… bureaucrats cannot unilaterally and arbitrarily put the names of law-abiding Americans into the NICS database” is not quite correct. Bureaucrats cannot legally do so, but they damned-well CAN get it accomplished for practical purposes. “Existing federal law prevents a national registry.” No, it makes the creation of a registry technically illegal, but – again – bureaucrats damned-well CAN get it accomplished for practical purposes! That said, I do support the bill as a matter of (“small step in the right direction”) principal, but the bill desperately needs to mandate lots of severe and PUNITIVE action against any and every… Read more »
NSSF supports gun registration.