Below The Radar: NICS Denial Notification Act of 2021

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Below The Radar: NICS Denial Notification Act of 2021

United States – -( Some laws are easy to see as bad news. Take, for instance, the Sabika Sheikh Firearms Licensing and Registration Act pushed by Sheila Jackson Lee. Others, like the Home Defense and Competitive Shooting Act, are clearly good pieces of legislation that should be moved forward. But not all bills are as easy to call as those two.

One such bill is S 675, the NICS Denial Notification Act of 2021. While the primary sponsor, Senator Chris Coons (D-DE) doesn’t have a good track record on Second Amendment issues, some of the co-sponsors, like Marco Rubio (R-FL), John Cornyn (R-TX), and James Lankford (R-OK) have decent, if not spectacular, records of protecting our rights. Then again, Senator Tammy Duckworth (D-IL) also is among the co-sponsors, and she introduced a licensing and registration scheme.

Now, in an ideal world, the National Instant Background Check System, or NICS, would not be around.

We could acquire firearms and not go through a background check, or deal with a licensing scheme. Heck, we’d even be able to order direct from the manufacturer. We’re not in an ideal world, though, and contrary to what some would have you believe, we can’t get to ideal overnight. Even if the Supreme Court rules our way on not just New York’s carry permit scheme, but on New Jersey’s magazine ban, in many ways, the real fight for our rights would just be starting.

Remember, in 1993, the real choice was whether or not there would be a permanent waiting period on handguns or not. NICS was one of the least bad outcomes possible. There was an amendment to have NICS override all state waiting periods, but it didn’t pass. That is how bad things were in 1993.

Today, we are also in some hostile terrain, though not as bad as 1993, we still lack the firewall we had in 2013 after the Sandy Hook shooting which was pro-Second Amendment leadership in a chamber of Congress.

The real question now, is, “What do we do with the situation we are in?”

S 675 calls for state and local law enforcement to be notified if someone who is prohibited under 18 USC 922(g) is flagged by NICS for potential prosecution under state laws. In one sense, it is easy to see the figurative “red flags” that could be in this sort of provision. The effort to expand how many people fall into one prohibited category or another is worth considering. Another is the risk of a false alarm. Finally, it seems to foist enforcement of the law onto states, when there are also federal laws that could be used.

On the flip side, we should insist that those gun laws that must be maintained should be enforced in a fair and even-handed manner. Plus, we have heard so much from some politicians about how many people were denied. This bill does provide the opportunity to see just how much of this is blowing smoke up our butts. The bill requires the FBI to provide a report to Congress on those denials and the reports to local law enforcement.

In one sense, shedding light on how many denials are “false positives” or for people who made mistakes, but have turned their lives around, or even for those whose crimes don’t involve violence could be a spur for reforming the laws in a pro-liberty direction. In addition, this bill could be a way to get some Senators to agree not to oppose cloture for a bill like the Home Defense and Competitive Shooting Act or national reciprocity.

This is a case where Second Amendment supporters need to review the text of the legislation, talk it over with others, and then draw their own conclusion whether to support or oppose it. In addition, they need to support the NRA’s Institute for Legislative Action and Political Victory Fund to ensure that the current anti-Second Amendment regimes in the House, Senate, and White House are defeated at the ballot box as soon as possible.

About Harold Hutchison

Writer Harold Hutchison has more than a dozen years of experience covering military affairs, international events, U.S. politics and Second Amendment issues. Harold was consulting senior editor at Soldier of Fortune magazine and is the author of the novel Strike Group Reagan. He has also written for the Daily Caller, National Review, Patriot Post,, and other national websites.Harold Hutchison

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I fought with the NRA not to cave on the fight for the Background check to take them to court as being unconstitutional and instead they wrote the NICS and declared victory in 1993. The NRA got us in this mess and they keep bragging about how well it works even today. They have been the problem from the beginning. They have no intention of changing.

Last edited 1 year ago by UncleT
APG member

If you are prohibited from owning a firearm, should you be allowed to supervise/parent children, purchase: gasoline, acetylene, gunpowder, primers, ammonium nitrate fertilizer, alcohol? Should you be allolwed to drive a car, truck, or airplane you might crash into a crowd of people? Own body armor, vote, fly on a plane? Do you have your responsibility hierarchy in order?


Be careful what you suggest, the communists will jump on it like a duck on a Junebug!

APG member

This all pertains to living in a free society, seems like you don’t want to go there…


Anyone that sane people cannot trust with a firearm… cannot be trusted. Period.

Last edited 1 year ago by JoeUSooner
Ryben Flynn

I believe New York is planning to ban personal body armor.


Harold seems to be telling us that it is not always easy for him to figure out which proposed legislation is really anti- gun rights. So he recommends we figure it out for ourselves. Not surprised and fits his track record . Why offer cover for the three RINOS he mentions ?
Support for anti-rights measures through compromise is how we got to where we are.

Doug G.

I don’t share Harold’s curiosity about this bill. First, the Feds don’t need another law to track and follow up on those who have attempted to buy firearms when they are in the prohibited class. In fact, the DOJ has done an overall poor job in those prosecutions all thru Obo, Trump and today ( I think they file cases on less than 10% of the denials with cause, i.e. felons attempting purchases and have only won something like 4%.) In addition, all that data is available already, you just have to know where to look. As with every law… Read more »


“Marco Rubio (R-FL), John Cornyn (R-TX), and James Lankford (R-OK) have decent… records of protecting our rights.”??????
Do you really think that, Harold? I challenge you to provide just one single example of any of these people casting a vote for a pro-liberty bill. ANY pro-liberty bill, not just pro-2A.


It appears that Harold does not wish to back up his unfounded opinions with facts and evidence. Well, color me surprised! 🙂


BUT… to be extra fair, let’s give Harold a second chance. He wrote: “Marco Rubio… have decent, if not spectacular, records of protecting our rights.”
Harold, would you call this(which Rubio is the sole sponsor of!) an example of protecting our rights?
I call it a terribly egregious example of REMOVING rights, NOT protecting them!


NICS is a loophole which government uses to get around the law. Some loopholes need to be closed and this is definitely one.

APG member

ANY RESTRICTIVE, INFRINGEMENT “law” that inhibits an American who has not been to court and found GUILTY —— IS A BAD “law” and MUST be NULLIFIED — as OUR American Constitution calls for!!!!!


It often seems that Harold’s main purpose is shilling for the corrupt NRA! He always urges us to support NRA/ILA, (send money to fund Judas La Pierre’s grand life-stile)!

Doug G.

NRA/ILA is an entirely different entity from the NRA proper, which is run by Wayne. The separation occurred back in the 70’s. The current issues RE: money, perks, salaries, bankruptcy at NRA does not involve NRA/ILA at all. That’s why he and I even continue to recommend donating to that organization because they continue to fight every day for our rights and have taken a serious hit due to the troubles at NRA from people not understanding the separation.


Doug G.,

A lot of people understand the two entities and disagree with the approach the NRA-ILA has taken to “fight every day for our rights” since the separation (and the NRA prior to the separation). As you know, Wayne appoints the leader of the NRA-ILA:

“The National Rifle Association’s executive vice president and CEO, Wayne LaPierre, has named Jason Ouimet to serve as executive director of the NRA’s Institute for Legislative Action (NRA-ILA). The NRA Board of Directors unanimously affirmed Ouimet’s selection at its recent board meeting.”

The problems with the NRA go far beyond Wayne.

Last edited 1 year ago by JSNMGC

The ILA has advocated for, and even helped write, almost every single federal arms law. They supported the NFA, GCA, Hughes Amendment, import bans, NICS, red flag laws, bumpstock ban, and FixNICS. The problems with the NRA started long before Wayne and they’re much more egregious than the VP squandering money. The ILA has been negotiating our rights away for decades. You’re supporting the largest, most successful gun control organization in America’s history.


I think he knows exactly what he’s supporting. He’s just trying his best to sweep it under the carpet. Its just damage control 101. Confuse, and then redirect the blame elsewhere.
Thus the whole lot of BS about ILA not being run by the NRA, Don’t blame the subsidiary corporation for the acts of the parent organization, etc. OFC we know that all of Microsoft’s hundreds of subsidiaries are still run by Bill Gates(for example). But they can hope that WE don’t know it! 🙂