NRA Members and HR 297 NICS Improvement Bill

[Rommelvon]

The NRA has thrown its weight behind HR 297 along with Caroline McCarthy of NY.

The bill title is H.R.297 To improve the National Instant Criminal Background Check System, and for other purposes.

Please call the NRA and voice your support or opposition to this bill

NRA Grassroots Hotline 800-392-8683

https://secure.nraila.org/Contact.aspx

H.R.297
NICS Improvement Act of 2007 (Introduced in House)

To improve the National Instant Criminal Background Check System, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the `NICS Improvement Act of 2007'.

(b) Table of Contents- The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Definitions.

TITLE I--TRANSMITTAL OF RECORDS

Sec. 101. Enhancement of requirement that Federal departments and agencies provide relevant information to the National Instant Criminal Background Check System.

Sec. 102. Requirements to obtain waiver.

Sec. 103. Implementation assistance to States.

Sec. 104. Penalties for noncompliance.

TITLE II--FOCUSING FEDERAL ASSISTANCE ON THE IMPROVEMENT OF RELEVANT RECORDS

Sec. 201. Continuing evaluations.

TITLE III--GRANTS TO STATE COURT SYSTEMS FOR THE IMPROVEMENT IN AUTOMATION AND TRANSMITTAL OF DISPOSITION RECORDS

Sec. 301. Disposition records automation and transmittal improvement grants.

TITLE IV--GAO AUDIT

Sec. 401. GAO audit.

SEC. 2. FINDINGS.

Congress finds the following:

(1) Approximately 916,000 individuals were prohibited from purchasing a firearm for failing a background check between November 30, 1998, (the date the National Instant Criminal Background Check System (NICS) began operating) and December 31, 2004.

(2) From November 30, 1998, through December 31, 2004, nearly 49,000,000 Brady background checks were processed through NICS.

(3) Although most Brady background checks are processed through NICS in seconds, many background checks are delayed if the Federal Bureau of Investigation (FBI) does not have automated access to complete information from the States concerning persons prohibited from possessing or receiving a firearm under Federal or State law.

(4) Nearly 21,000,000 criminal records are not accessible by NICS and millions of criminal records are missing critical data, such as arrest dispositions, due to data backlogs.

(5) The primary cause of delay in NICS background checks is the lack of--

(A) updates and available State criminal disposition records; and

(B) automated access to information concerning persons prohibited from possessing or receiving a firearm because of mental illness, restraining orders, or misdemeanor convictions for domestic violence.

(6) Automated access to this information can be improved by--

(A) computerizing information relating to criminal history, criminal dispositions, mental illness, restraining orders, and misdemeanor convictions for domestic violence; or

(B) making such information available to NICS in a usable format.

(7) Helping States to automate these records will reduce delays for law-abiding gun purchasers.

(8) On March 12, 2002, the senseless shooting, which took the lives of a priest and a parishioner at the Our Lady of Peace Church in Lynbrook, New York, brought attention to the need to improve information-sharing that would enable Federal and State law enforcement agencies to conduct a complete background check on a potential firearm purchaser. The man who committed this double murder had a prior disqualifying mental health commitment and a restraining order against him, but passed a Brady background check because NICS did not have the necessary information to determine that he was ineligible to purchase a firearm under Federal or State law.

SEC. 3. DEFINITIONS.

As used in this Act, the following definitions shall apply:

(1) COURT ORDER- The term `court order' includes--

(A) a court order (as described in section 922(g)(8) of title 18, United States Code); and

(B) a protection order (as defined in section 2266(5) of title 18, United States Code).

(2) MENTAL HEALTH TERMS- The terms `adjudicated as a mental defective', `committed to a mental institution', and related terms have the meanings given those terms in regulations implementing section 922(g)(4) of title 18, United States Code, as in effect on the date of the enactment of this Act.

(3) MISDEMEANOR CRIME OF DOMESTIC VIOLENCE- The term `misdemeanor crime of domestic violence'--

(A) has the meaning given the term in section 921(a)(33) of title 18, United States Code;

(B) includes any Federal, State, or local offense that--

(i) is a misdemeanor under Federal, State, local, or tribal law or, in a State that does not classify offenses as misdemeanors, is an offense punishable by imprisonment for a term of 1 year or less or punishable only by a fine regardless of whether or not the State statute specifically defines the offense as a crime of domestic violence;

(ii) has, as an element of the offense, the use or attempted use of physical force, such as assault and battery, or the threatened use of a deadly weapon; and

(iii) was committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or a person similarly situated to a spouse, parent, or guardian of the victim; and

(C) does not include a crime described under subparagraph (A) if--

(i) the person was not convicted by the jurisdiction in which the proceeding was held;

(ii) the person was not represented by counsel in the case and did not knowingly or intelligently waive the right to counsel in the case;

(iii) in the case of a prosecution for which a person was entitled to a jury trial in the jurisdiction in which the case was tried--

(I) the case was not tried by a jury; and

(II) the person did not knowingly or intelligently waive the right to have the case tried by a jury, by guilty plea, or otherwise; or

(iv) the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored unless--

(I) the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms; or

(II) the person is otherwise prohibited by the law of the jurisdiction in which the proceedings were held from receiving or possessing any firearms.

TITLE I--TRANSMITTAL OF RECORDS

SEC. 101. ENHANCEMENT OF REQUIREMENT THAT FEDERAL DEPARTMENTS AND AGENCIES PROVIDE RELEVANT INFORMATION TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM.

(a) In General- Section 103(e)(1) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note) is amended--

(1) by striking `Notwithstanding' and inserting the following:

`(A) IN GENERAL- Notwithstanding';

(2) by striking `On request' and inserting the following:

`(B) REQUEST OF ATTORNEY GENERAL- On request';

(3) by striking `furnish such information' and inserting `furnish electronic versions of the information described under subparagraph (A)'; and

(4) by adding at the end the following:

`(C) QUARTERLY SUBMISSION TO ATTORNEY GENERAL- If a department or agency under subparagraph (A) has any record of any person demonstrating that the person falls within one of the categories described in subsection (g) or (n) of section 922 of title 18, United States Code, the head of such department or agency shall, not less frequently than quarterly, provide the pertinent information contained in such record to the Attorney General.

`(D) INFORMATION UPDATES- The agency, on being made aware that the basis under which a record was made available under subparagraph (A) does not apply, or no longer applies, shall--

`(i) update, correct, modify, or remove the record from any database that the agency maintains and makes available to the Attorney General, in accordance with the rules pertaining to that database; or

`(ii) notify the Attorney General that such basis no longer applies so that the National Instant Criminal Background Check System is kept up to date.

`(E) ANNUAL REPORT- The Attorney General shall submit an annual report to Congress that describes the compliance of each department or agency with the provisions of this paragraph.'.

(b) Provision and Maintenance of NICS Records-

(1) DEPARTMENT OF HOMELAND SECURITY- The Secretary of Homeland Security shall make available to the Attorney General--

(A) records, updated not less than quarterly, which are relevant to a determination of whether a person is disqualified from possessing or receiving a firearm under subsection (g) or (n) of section 922 of title 18, United States Code, for use in background checks performed by the National Instant Criminal Background Check System; and

(B) information regarding all the persons described in subparagraph (A) of this paragraph who have changed their status to a category not identified under section 922(g)(5) of title 18, United States Code, for removal, when applicable, from the National Instant Criminal Background Check System.

(2) DEPARTMENT OF JUSTICE- The Attorney General shall--

(A) ensure that any information submitted to, or maintained by, the Attorney General under this section is kept accurate and confidential, as required by the laws, regulations, policies, or procedures governing the applicable record system;

(B) provide for the timely removal and destruction of obsolete and erroneous names and information from the National Instant Criminal Background Check System; and

(C) work with States to encourage the development of computer systems, which would permit electronic notification to the Attorney General when--

(i) a court order has been issued, lifted, or otherwise removed by order of the court; or

(ii) a person has been adjudicated as mentally defective or committed to a mental institution.

SEC. 102. REQUIREMENTS TO OBTAIN WAIVER.

(a) In General- Beginning 3 years after the date of enactment of this Act, a State shall be eligible to receive a waiver of the 10 percent matching requirement for National Criminal History Improvement Grants under the Crime Identification Technology Act of 1988 (42 U.S.C. 14601) if the State provides at least 90 percent of the information described in subsection (c). The length of such a waiver shall not exceed 2 years.

(b) State Estimates-

(1) IN GENERAL- To assist the Attorney General in making a determination under subsection (a) of this section, and under section 104, concerning the compliance of the States in providing information to the Attorney General for the purpose of receiving a waiver under subsection (a) of this section, or facing a loss of funds under section 104, each State shall provide the Attorney General with a reasonable estimate, as calculated by a method determined by the Attorney General, of the number of--

(A) criminal history records for misdemeanors and felonies;

(B) State criminal history records with disposition information;

(C) active court orders in the State; and

(D) State records of persons adjudicated mentally defective or committed to a mental institution.

(2) SCOPE- The Attorney General, in determining the compliance of a State under this section or section 104 of this Act for the purpose of granting a waiver or imposing a loss of Federal funds, shall assess the total percentage of records provided by the State concerning any event occurring within the prior 30 years, which would disqualify a person from possessing a firearm under subsection (g) or (n) of section 922 of title 18, United States Code.

(3) CLARIFICATION- Notwithstanding paragraph (2), States shall endeavor to provide the National Instant Criminal Background Check System with all records concerning persons who are prohibited from possessing or receiving a firearm under subsection (g) or (n) of section 922 of title 18, United States Code, regardless of the elapsed time since the disqualifying event.

(c) Eligibility of State Records for Submission to the National Instant Criminal Background Check System-

(1) REQUIREMENTS FOR ELIGIBILITY-

(A) IN GENERAL- From information collected by a State, the State shall make electronically available to the Attorney General records relevant to a determination of whether a person is disqualified from possessing or receiving a firearm under subsection (g) or (n) of section 922 of title 18, United States Code, or applicable State law.

(B) NICS UPDATES- The State, on being made aware that the basis under which a record was made available under subparagraph (A) does not apply, or no longer applies, shall, as soon as practicable--

(i) update, correct, modify, or remove the record from any database that the Federal or State government maintains and makes available to the National Instant Criminal Background Check System, consistent with the rules pertaining to that database; or

(ii) notify the Attorney General that such basis no longer applies so that the record system in which the record is maintained is kept up to date.

(C) CERTIFICATION- To remain eligible for a waiver under subsection (a), a State shall certify to the Attorney General, not less than once during each 2-year period, that at least 90 percent of all information described in subparagraph (A) has been made electronically available to the Attorney General in accordance with subparagraph (A).

(D) INCLUSION OF ALL RECORDS- The State shall make every effort to identify and include all of the records described under subparagraph (A) without regard to the age of the record.

(2) APPLICATION TO PERSONS CONVICTED OF MISDEMEANOR CRIMES OF DOMESTIC VIOLENCE- The State shall make available to the Attorney General, for use by the National Instant Criminal Background Check System, records relevant to a determination of whether a person has been convicted in any court of a misdemeanor crime of domestic violence. With respect to records relating to such crimes, the State shall provide information specifically describing the offense and the specific section or subsection of the offense for which the defendant has been convicted and the relationship of the defendant to the victim in each case.

(3) APPLICATION TO PERSONS WHO HAVE BEEN ADJUDICATED AS A MENTAL DEFECTIVE OR COMMITTED TO A MENTAL INSTITUTION- The State shall make available to the Attorney General, for use by the National Instant Criminal Background Check System, the name and other relevant identifying information of persons adjudicated as mentally defective or those committed to mental institutions to assist the Attorney General in enforcing section 922(g)(4) of title 18, United States Code.

(d) Privacy Protections- For any information provided to the Attorney General for use by the National Instant Criminal Background Check System, relating to persons prohibited from possessing or receiving a firearm under section 922(g)(4) of title 18, United States Code, the Attorney General shall work with States and local law enforcement and the mental health community to establish regulations and protocols for protecting the privacy of information provided to the system. The Attorney General shall make every effort to meet with any mental health group seeking to express its views concerning these regulations and protocols and shall seek to develop regulations as expeditiously as practicable.

(e) Attorney General Report- Not later than January 31 of each year, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the progress of States in automating the databases containing the information described in subsection (b) and in making that information electronically available to the Attorney General pursuant to the requirements of subsection (c).

SEC. 103. IMPLEMENTATION ASSISTANCE TO STATES.

(a) Authorization-

(1) IN GENERAL- From amounts made available to carry out this section, the Attorney General shall make grants to States and Indian tribal governments, in a manner consistent with the National Criminal History Improvement Program, which shall be used by the States and Indian tribal governments, in conjunction with units of local government and State and local courts, to establish or upgrade information and identification technologies for firearms eligibility determinations.

(2) GRANTS TO INDIAN TRIBES- Up to 5 percent of the grant funding available under this section may be reserved for Indian tribal governments, including tribal judicial systems.

(b) Use of Grant Amounts- Grants awarded to States or Indian tribes under this section may only be used to--

(1) create electronic systems, which provide accurate and up-to-date information which is directly related to checks under the National Instant Criminal Background Check System (referred to in this section as `NICS'), including court disposition and corrections records;

(2) assist States in establishing or enhancing their own capacities to perform NICS background checks;

(3) supply accurate and timely information to the Attorney General concerning final dispositions of criminal records to databases accessed by NICS;

(4) supply accurate and timely information to the Attorney General concerning the identity of persons who are prohibited from obtaining a firearm under section 922(g)(4) of title 18, United States Code, to be used by the Federal Bureau of Investigation solely to conduct NICS background checks;

(5) supply accurate and timely court orders and records of misdemeanor crimes of domestic violence for inclusion in Federal and State law enforcement databases used to conduct NICS background checks; and
(6) collect and analyze data needed to demonstrate levels of State compliance with this Act.

(c) Condition- As a condition of receiving a grant under this section, a State shall specify the projects for which grant amounts will be used, and shall use such amounts only as specified.
__________________

[Marlin]

I just wrote the powers that be at NRA that I resented their once again selling out and cohorting with the enemy, a tiny piece of our rights at a time, rather than strictly standing up and defending the 2nd Amendment.

The only reason I am still a member, Life for thirty-five plus years, is to keep an eye on what they are going to try to slip by us, repeating their past performances.....

I'm sure it will be ignored but they will know that at least one Jurist has seen through their smoke screen.

[Rommelvon]

I agree marlin, I do not like to compromise on my second amendment rights at all, and i am surprised the NRA is even considering this, unless it is to show that they really truly care about the Vtech tragedy and want the liberals to know they care and have some bargining power later down the road

[rowdyredneck]

Making a deal with Carolyn McCarthy is no better than making a deal with the devil IMO. Its sad to see the NRA sell out like this. I think they are just caving under intense pressure and bad publicity from the VT shooting and are only trying to improve their public image for the long road ahead.

[SKYDIVER386]

Now do all the NRA supporters understand why so many gun owners refuse to join the NRA?

I have been a member of GOA for years now and I normally give well over $500 a year to various pro gun groups. The NRA will never get a dime of my money or one iota of my support, the straight up backstabbings like this are the reason why. The NRA may be the biggest and most powerful, but ask yourself if they are really doing what you want them to do? If not, join the GOA and stand firm on your rights. The NRA will compromise your rights away one step at a time.

[Pistolenschutze]

Originally Posted by Marlin

I just wrote the powers that be at NRA that I resented their once again selling out and cohorting with the enemy, a tiny piece of our rights at a time, rather than strictly standing up and defending the 2nd Amendment.

The only reason I am still a member, Life for thirty-five plus years, is to keep an eye on what they are going to try to slip by us, repeating their past performances.....

I'm sure it will be ignored but they will know that at least one Jurist has seen through their smoke screen.

I could not agree more, Marlin. I also am a life member, but in recent years I believe the NRA has become little more than a money-making machine supported by membership dues and spam.

[rowdyredneck]

If the NRA is backing this I think the least they could do is offer a statement to their members explaining their actions. I've been searching all over their site and I can't find any mention of it so far. I think we deserve to know exactly why they are backing this.

[williamd]

Can't argue the money-making machine part, but ...

However, I live in the state of the 10 day wait period. The state that will not let me mail order cheap ammo and many other things! I also live in the state of looneys! They don't call it LA-LA Land for nothing.
The wait has not caused me to miss a hunting trip or a match yet. I have to think it may have given a few good folks some cooling off time.

I would love to see instataneous checks and an automatic call to the police if a convicted wife/child beater or molester, convicted addict, ... or any felon tries to buy a gun. I'd like to see the same applied to illegals and the Border Patrol summoned. If we could have kept Mr. Cho from getting his guns we'd all be much better off as gun owners, sportsmen/women and citizens today. And, yes, if some student or Professor had a permit and was allowed to carry on campus, perhaps, Cho might have been stopped well short of 31 (I refuseto count him!). I say might because it takes a lot to pull the trigger.

Some people, by their own actions, do not deserve to own a firearm. The NRA knows this ... the NRA has always wanted additional, mandatory time added to sentences involving gund. GOOD IDEA.

I would sure like a CCW for my own, and others, protection but I do not see that in my CA future! But, the majority of states now have 'right to carry' ... thank the NRA.

[pickenup]

Originally Posted by williamd

But, the majority of states now have 'right to carry' ... thank the NRA.

The constitution gives us the RIGHT to carry.
The NRA changed it to a PAID revocable PRIVILEGE.
Ya thanks NRA.

[Lead Lobber]

Originally Posted by pickenup

The constitution gives us the RIGHT to carry.
The NRA changed it to a PAID revocable PRIVILEGE.
Ya thanks NRA.

And quote from Pistol Shooter: (tripped on a multiple quote)
I could not agree more, Marlin. I also am a life member, but in recent years I believe the NRA has become little more than a money-making machine supported by membership dues and spam.

And, my 2 bits:
It is past time to revolutionize government; it no longer obeys the will of those it should serve, but seeks instead to disarm and diminish us. And we allow it to do so.

Lead Lobber

[williamd]

Don't be so freaking naive!

[QUOTE]The constitution gives us the RIGHT to carry.
The NRA changed it to a PAID revocable PRIVILEGE.
Ya thanks NRA.[/QUOTE]

Sure the Constitution did, in the 1700's ... then mankind and Congress and the Supreme Court and other courts starting interpreting and we are where we are. But, I think it says the 'right to bear arms' ... may not be quite the same as concealed, full-time carry. Also does not say any arms we wish. Weren't many full autos available in 1770s. Maybe we should all carry muzzle loading 15 pound, 58 cal, black powder smoothbores??? We (with NRA carrying the load) have to work with Congress and the courts.

And how much worse would it be without the NRA working for us in D.C. The battle is going to get more intense over the next several years as the Congress and the White House come under Democratic control. Best hope there NRA is there to help!

Ok, now I get very unhappy with some of the NRA's approaches. But, then I ask myself who else is standing there day after day arguing for the gun owner as our inalienable rights deteriorate?????

[300 H&H]

As a member of the NRA since 73 and a life member for a decade, I have a had time to see how the organization has changed. And our country has changed too. When I was a kid an adult could go to the hardware store in my small hometown and buy as much dynamite, caps, and fuses as he could afford or carry to his car. Used it to remove stumps, break large rocks ect. I do not remember when how or why it ended, but I have a feeling the bubba's of the world used it to go fishing in the pond, open lock doors,or kill his neighbors. How would you guys like open commerce in dynomite sales in your part of the world? The NRA may not do everthing as well as each of us as individuals would like, but I think they do well for us as a collective. And I am damn glad that they are pulling for us now, and proud to say that I have made 7 guys life members in the past 3 months. They are on our side Kirk

[pickenup]

Freaking naïve?
Guess I must have touched a sore spot. Name calling already? Typical behavior, I’m used to seeing it. Usually people resort to that level, when they do not have any kind of intelligent response, when participating in a discussion. Then again....
But I digress.

The NRA has not been our best friend for a very long time. It would not surprise me to see them trying to sell this bill to their membership. I’m just curious to see “how” they would try to do it.

[300 H&H]

The worste thing that can happen is is the people in the world who want to reiniterpit the constitution to say that a well regulated militia is the national guard an we have no private rights to own a gun. Division amongst our ranks as gun owners is just the thing they need to divide and deffeat us. We must stand togher and come to agreement as one. we are in the minority, not the majority. We have to stop and think, not bicker with each other. Getting mad at oneanother is just playing into their hands.... cooler heads will prevail in the end Kirk

[williamd]

'Naive' is name calling. My, how sesitive, if not too sensible. You should hear me when I do call names ... no, probably should not.

So, how many of us are working day to day to do what the NRA is not doing for us?????? Sorry to say I don't do enough.

I have been an NRA member longer than many of you have been alive ... that's not all good for me. But yearly membership started in the early 50's, thanx to Granddad. Life membership a gift from my spouse about '70 [she is a lifer, too]. Endowment membership last year, gift to myself. A bit over 50 years NRA. And like 300H&H I have seen a lot of changes ... certainly not all have made me smile. Yes, we need another C. Heston, maybe even a Harlon Carter. Someone of that stature.

I belong to three local clubs, all require NRA membership for insurance purposes. All three clubs have approved training programs for youngsters. And for oldsters who need it for hunting license purposes. Guess what organization supplies most of the training material????

Applying for a CCW the fact that NRA membership was current and that shooting was often and proficient meant a lot.

Local Friends of the NRA are next month here. I encourage all to attend their local session and see what we all have in common - concerns, ownership rights, hunting rights, .... Plus, good food, prizes and drawings.

By the way, I sure do not plan to bear arms in the form of a 1770's era anything. If God wanted me to shoot black powder, flict lock, smooth bores (or even caps) he would not have invented smokeless powder and allowed John Browning to be born!

[pickenup]

Originally Posted by williamd

My, how sesitive, if not too sensible.

Insults AGAIN???
Is there REALLY a need for this?