FBI proposes three gun control rules to strengthen background check process

proposed a three rule program with the goal to strengthen the background check process that’s in place for firearm background screening. The proposed rules are designed to make the instant criminal background check system more accessible to law enforcement, more useful and longer-lived. The three-point plan is laid out as follows: 1) Criminal justice agencies run by Native-American tribes will be allowed, for the first time, to access NICS, as they determine whether to issue firearm related permits and licenses on Indian reservations. “Given that state and local criminal justice agencies can access the NICS Index in the course of issuing a permit or license, tribal criminal justice agencies should also be permitted to conduct NICS background checks to support their issuance of firearm related permits and licenses,” says the FBI’s proposed notice of rulemaking, which was published on Jan. 28. 2) Criminal justice agencies which have recovered, confiscated or seized firearms would now be allowed to check with the NICS database to conduct instant background checks on individuals to whom they plan to return or transfer those firearms. Such background checks would be performed “in order to ensure that the person to whom the firearm will be transferred is not prohibited from possessing a firearm,” explains the FBI’s draft rule. 3) The NICS database would be allowed to retain records related to denied firearms transactions, rather than having to transfer those records after 10 years to an off-site Federal Records Center. “Current technology allows NICS to readily retain such records on site, and the FBI has therefore determined that for NICS’ own internal business operations, litigation and prosecution purposes, and proper administration of the system, NICS shall retain denied transaction records on site,” says the FBI. The public is invited to comment on these three proposed new rules by March 29.]]>