Washington State firearms retailers and the National Shooting Sports Foundation are fuming about a shutdown of the State Patrol’s background check computer function because of what was described as “some type of network infiltration event” affecting the state’s entire Administrative Office of the Courts (AOC) system.
This system includes the AOC Enterprise Data Repository, which is the “key data source for the Secure Automated Firearms E-Check (SAFE) system” the Washington State Patrol (WSP) uses to process all firearm background checks. Long story short, the system has been down since Nov. 1-2 and no background checks have been conducted since then.
Ammoland spoke with and traded text messages with WSP Communications Director Chris Loftis, who said the technicians working on the problem are “cautiously optimistic” about a return of the system on Monday, Nov. 18.
Meanwhile, the Second Amendment Foundation is threatening legal action against the WSP, noting in a news release, “State law apparently does not allow WSP to work around this sort of problem, which means that needs to change immediately. As the saying goes, ‘A right delayed is a right denied,’ and the state has denied untold numbers of citizens their right to obtain firearms for almost two weeks. This amounts to a mass deprivation of civil rights under color of law.”
Coincidentally, SAF is based in Bellevue, one of the state’s largest and fastest-growing cities.
In a letter to WSP Division Commander Kateri Candee, NSSF Senior Vice President and General Counsel Larry Keane wrote, “While we acknowledge the critical importance of firearm background checks, it is essential to highlight that the federal National Instant Criminal Background Check System (NICS) is well established and reliable. NICS operates effectively nationwide, ensuring accurate background check verifications and accommodating safe and responsible firearm transactions. Until the SAFE system is restored, we believe the NICS program is a sufficient alternative to maintain both security and access. Additionally, given the multitudes of issues we’ve seen with Washington’s system, we urge the state of Washington to reverse course and permanently utilize NICS for the processing of background checks moving forward.”
The state shifted to its own system a few years ago rather than apparently take actions to continue using the FBI’s NICS system, which had been in use by the state since the creation of the Instant Background Check some 20-plus years ago.
Firearms retailer Dan Mitchell at Sporting Systems in Vancouver told Ammoland News he learned from an attorney the system breakdown is having a much larger impact than just on background checks. The AOC is how lawsuits and other legal documents are filed. Essentially, the state’s judicial system has been locked up by whatever “infiltration” has occurred.
Loftis said retailers and gun buyers “are going to have to be patient.” In an update to firearms dealers, he stated, “We continue to be on hold with any checks submitted from November 1, 2024 onward until AOC brings their systems back online. Once that happens, the backlog of checks will process through as normal. But, until that time, we cannot make any final determinations on any checks.”
The statute to which Loftis refers is RCW 9.41.090, Paragraph 2, which states:
“(2) In determining whether the purchaser is eligible to possess a firearm, the Washington state patrol firearms background check program shall check with the national instant criminal background check system, provided for by the Brady handgun violence prevention act (18 U.S.C. Sec. 921 et seq.), the Washington state patrol electronic database, the health care authority electronic database, the administrative office of the courts, LInX-NW, and with other agencies or resources as appropriate, to determine whether the applicant is ineligible under RCW 9.41.040 to possess a firearm.”
RCW 9.41.092 states:
“Except as otherwise provided in this chapter, a licensed dealer may not deliver any firearm to a purchaser or transferee until:
(1) The results of all required background checks are known and the purchaser or transferee (a) is not prohibited from owning or possessing a firearm under federal or state law and (b) does not have a voluntary waiver of firearm rights currently in effect; and
(2) Ten business days have elapsed from the date the licensed dealer requested the background check.”
The ten-day waiting period was adopted two years ago, ostensibly as a “cooling off” period and to allow for an “enhanced background check.” In reality, however, it has also made transactions far more difficult for weekend gun show operations, and it does not appear to have prevented a single violent crime.
SAF founder and Executive Vice President Alan Gottlieb’s response was blunt: “When the system is restored, we expect the WSP to work day and night to expedite background checks already on hold. In the meantime, we are consulting with our attorneys to determine the proper course of action.”
NSSF’s Keane noted in his letter, “Please be aware that the inability to conduct lawful transactions may lead to further action, as we seek to protect the rights of our members and their customers. We urge a swift resolution to these technical issues and stand ready to explore additional measures that should be taken to ensure Washingtonians are not unduly burdened in the future.”
The current law was passed by the Democrat-controlled Legislature in 2023 and signed by Gov. Jay Inslee.
Apparently, the breakdown has not created a problem with law enforcement agencies and their issuance of Concealed Pistol Licenses. Ammoland spoke with one sheriff’s department, which advised that it was required by law to issue a CPL within a certain amount of time, regardless whether the system was functioning. If a CPL had to be revoked, that would happen later.
Exactly what happened to the AOC system has not been explained. What is known is that for at least two weeks, state and federal constitutional protections for gun owners have been put “on hold,” and as Gottlieb stated, “That is simply unacceptable.”
The mere threat of a lawsuit might convince state lawmakers to make whatever changes are necessary to existing law and reconnect with the NICS system.
The fiasco is just another chapter in a continuing saga of restrictive gun control being instituted in a state once known for its fair and reasonable gun laws. Washington is one of the first states to adopt a preemption statute, followed a couple of years later by Florida and other states. Washington was also a pioneer with a “shall issue” concealed carry law, eliminating a local police or sheriff’s department from arbitrarily denying a CPL to any legally qualified citizen. Currently, more than 171,000 active CPLs are in circulation.
There appears little doubt at this point that this system breakdown will become an issue when the Legislature convenes in January.
About Dave Workman
LOL, if it is called AOC maybe that is an indicator of why it is messed up, doesn’t do shit and just sits there waiting for someone to take advantage of it’s weaknesses or glue the wings back on the Buffalo’s so they can fly again. Oh, well. I guess they could have used the DOJ like a lot of states do or maybe they can issue and when everything is fixed, lol they can recall the ones that shouldn’t have been issued. Computers, they were supposed to make things better but sometimes they are more of a pain than… Read more »
This crap is adding serious insult to a VERY injurious state election. Amazing.
When democraps are in charge. I am so grateful the blue wall failed. I pray we have some new federal laws come down the pike that changes everything. States will refuse to comply but after not having funds long enough and everything getting worse than it is now, We the People will raise enough stink they will have to change or maybe, better yet, the leftist coast will turn red.
I’m sorry MM, but federal laws changing in WA, Oregon and Cali will have no impact on the left coast. There will have to be another election in WA for the chance of any hope at all. With Seattle in the mix the mostest, we are doomed until we can get a gubmint that recognizes the Bill of Rights.
It will be hell on Trump to get some states to co-operate with ice and we will again be in danger of another civil war.
yup
if they dont have as many guns will be quick, all the people who believe in bill of rights will hang the commies trump will pardon them for not waiting on trial and all will be good
Concealed Pistol Licenses. If you have been issued this a back round check should be unnecessary even in a democratic run state or city. Democrat’s took a ass whipping in this election now lets see what they fabricate going forward. They dislike guns and babies waiting to be born most of all they hate America.
I quite agree about CLs but in Washington state, the Democrats actually came out ahead, winning every statewide office and defeating three of four ballot measures they didn’t like.
Thanks for reading and sharing this AMMOLAND report.
Your correct Dave In that state they believe criminals are to be treated like children spanked and sent back home. There rainbow does not end at a pot of gold it ends with drugs crime racism gender bending. Logic has escaped them the liberal’s are in control common sense science left wing media where they think free is a way of life in America. The state is in the hand of stoners as is most of the West coast.
The whole background check system runs counter to one of the most basic precepts of American law: “Presumption of Innocence”. The background check system operates on a presumption of guilt – “No exercise of your 2nd Amendment rights until we prove you AREN’T disqualified from exercising that right.” It’s an infringement, plain & simple.
Interesting observation, and one with which I can find no sound argument.
Thanks for reading and sharing this AMMOLAND report.
Has anyone acknowledged or thanked you for all of your pre-election work? Let me be the first, here.
I’ll second that! Thanks, Dave.
perfect example of why there should be no permitting scam to purchase a firearm, the Second Amendment is not a second class right. well, except with this administration.
This is how you lose support in elections.
Unfortunately, the election was last week. Nobody outside of the industry really knew about it.
Thanks for reading and sharing this AMMOLAND report.
it is a shame they did not push the first day it was down,and let people know they may have changed some peoples votes, or got people to vote that were sitting out this one
Because it would have done exactly what you said is why the left didn’t tell them.