Senate Passes NICS Improvement Act, House Concurs

[Guest David Waldrip]

Senate Passes NICS Improvement Act, House Concurs

Wednesday, December 19, 2007

After months of careful negotiation, pro-gun legislation was passed through Congress today. The National Rifle Association (NRA) worked closely with Senator Tom Coburn (R-Okla.) to address his concerns regarding H.R. 2640, the National Instant Check System (NICS) Improvement Act. These changes make a good bill even better. The end product is a win for American gun owners.

Late yesterday, anti-gun Senator Ted Kennedy (D-MA), failed to delay progress of this pro-gun measure. The Violence Policy Center, the Coalition to Stop Gun Violence and other gun control and gun ban groups are opposed to the passage of this legislation because of the many pro-gun improvements contained within.

The NICS Improvement Act does the following to benefit gun owners:

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• Permanently prohibits the FBI from charging a “user fee†for NICS checks.

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• Requires all federal agencies that impose mental health adjudications or commitments to provide a process for “relief from disabilities.†Extreme anti-gun groups like the Violence Policy Center and Coalition to Stop Gun Violence have expressed “strong concerns†over this aspect of the bill—surely a sign that it represents progress for gun ownership rights.

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• Prevents reporting of mental adjudications or commitments by federal agencies when those adjudications or commitments have been removed.

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• Requires removal of expired, incorrect or otherwise irrelevant records. Today, totally innocent people (e.g., individuals with arrest records, who were never convicted of the crime charged) are sometimes subject to delayed or denied firearm purchases because of incomplete records in the system.

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• Provides a process of error correction if a person is inappropriately committed or declared incompetent by a federal agency. The individual would have an opportunity to correct the error-either through the agency or in court.

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• Prevents use of federal “adjudications†that consist only of medical diagnoses without findings that the people involved are dangerous or mentally incompetent. This would ensure that purely medical records are never used in NICS. Gun ownership rights would only be lost as a result of a finding that the person is a danger to themselves or others, or lacks the capacity to manage his own affairs.

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• Improves the accuracy and completeness of NICS by requiring federal agencies and participating states to provide relevant records to the FBI. For instance, it would give states an incentive to report those who were adjudicated by a court to be "mentally defective," a danger to themselves, a danger to others or suicidal.

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• Requires a Government Accountability Office audit of past NICS improvement spending.

The bill includes significant changes from the version that previously passed the House, including:

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• Requires incorrect or outdated records to be purged from the system within 30 days after the Attorney General learns of the need for correction.

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• Requires agencies to create “relief from disabilities†programs within 120 days, to prevent bureaucratic foot-dragging.

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• Provides that if a person applies for relief from disabilities and the agency fails to act on the application within a year—for any reason, including lack of funds—the applicant can seek immediate review of his application in federal court.

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• Allows awards of attorney’s fees to applicants who successfully challenge a federal agency’s denial of relief in court.

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• Requires that federal agencies notify all people being subjected to a mental health “adjudication†or commitment process about the consequences to their firearm ownership rights, and the availability of future relief.

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• Earmarks 3-10% of federal implementation grants for use in operating state “relief from disabilities†programs.

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• Elimination of all references to Bureau of Alcohol, Tobacco, Firearms and Explosives regulations defining adjudications, commitments, or determinations related to Americans’ mental health. Instead, the bill uses terms previously adopted by the Congress.

On Wednesday evening, by unanimous consent, the U.S. House accepted the Senate amendment to H.R. 2640. The legislation is headed to the President's desk for his signature into law.

http://www.nraila.org/News/Read/NewsReleases.aspx?ID=10407

[Mike.357]

I read this yesterday on the News Wire Posting part of the board. I think a lot of it is a step in the right direction. Now if King George will sign it we will be getting somewhere.

[dralarms]

You should read the email I got from GOA. They are basiclly calling this bill the end of gun ownership.

I have read all I can find on it and I do think that GW will sign it.

[Bigiron]

GOA may be correct in their opposition to this bill. Why was it a voice vote(not recorded)? And, has Ted Kennedy EVER done anything for the gun owner? I suspect their is some wording in the bill designed to cram it to gun owners, depending upon the interpretation of a liberal judge. I could be way off base here, but I just don't trust Kennedy and his kind.

[Guest flyfishtn]

Interesting read on the GOA site. Could be good, could be bad, just not clear at this point. Will watch

Ted Kennedy, I don't waste my breath, he voted against this bill and just wants another drink so he can stay comatose.

[Guest David Waldrip]

Two of the gun bloggers that have been keeping a watch on this share their take on the situation: Sebastian and Ahab.

[Marswolf]

GOA's position is that the sky is falling on every gun issue. That's their money raising technique.

If you read Executive Director Larry Pratt's history you can understand that. I want no association of my name with that guy.

[Tim Nunan]

The NRA announcement failed to address the disservice done to the veterans being treated for a non-threatening PTS. Over 140,000 names dumped by the VA into the NCIS computer just for seeking treatment and nothing in this bill stops them from continuing this; a anti-gunner's dream, how to disenfranchise 10's of thousands of citizens of their 2nd Amendment rights.

Oh wait.. the bill says you just have spend thousands of dollars and submit a request to the BATFE to regain your gun rights however what is ignored is that Chucky Schumer long ago defunded that BATFE office so all those requests just get filed at best.

Sorry, the NRA blew it this time.

[Guest ACMM]

This bill is a slap in the face to all of our Veterans IMO. I am extremely concerned that it will keep those suffering from PTSD from seeking treatment to avoid a label.

It's a sad day for freedom and a sad day for our vets.

[Guest David Waldrip]

Tim:

What President Clinton did was a disservice to those veterans with a PTSD diagnosis.

Bullet point six keeps that from happening again.

Bullet point eleven now alllows them to seek relief through the Veterans Administration.

And, bullet point twelve allows them to recover attorney's fees.

And, moving to a separate point from that discussion, look at the first bullet point. It will now be in the federal code that the FBI can't initiate any kind of a user fee. I wouldn't put it past the next Janet Reno to wonder if he or she could have gotten by with an artificially high fee, just as another means to discourage gun ownership.

So, everyone has an opinion, and mine is that this is a step in the right direction.

[Guest David Waldrip]

Senator Coburn's Floor Remarks, via Sebastian.