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house Bill H.R. 1324

Should the National Data Exchange Be Added to the Federal Database for Gun Purchase Background Checks?

Argument in favor

While the FBI is already planning to give background check examiners access to the National Data Exchange (N-DEx) when background checks are delayed, that isn’t enough. Instead, N-DEx should be integrated into the NICS system, just like the other three databases that comprise NICS, so it’s queried every time a background check is completed.

IllWill's Opinion
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03/16/2019
There is no reason why a background check shouldn’t be able to search through all relevant databases. A background check needs to be as complete as possible to ensure public safety when someone is purchasing a gun.
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John's Opinion
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03/16/2019
Why not. If someone has nothing to hide then they shouldn’t have a problem running through a combined database. Sounds like a really good idea actually.
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SneakyPete's Opinion
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03/16/2019
👍🏻 HOUSE BILL H.R. 1324 AKA “the FAST NICS Act’’ 👍🏻 I’m in complete agreement with and recommend the passage of the HOUSE H.R. 1324 AKA “the FAST NICS Act”which would improve the National Instant Criminal Background Check System (NICS) system by having it also search the National Data Exchange (N-DEx) database when conducting criminal background checks for potential gun purchasers. While the FBI is already planning to give background check examiners access to the National Data Exchange (N-DEx) when background checks are delayed, that isn’t enough. Instead, N-DEx should be integrated into the NICS system, just like the other three databases that comprise NICS, so it’s queried every time a background check is completed. SneakyPete..... 👍🏻🇺🇸👍🏻🇺🇸👍🏻. 3*16*19.....
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Argument opposed

This bill is unnecessary, as the FBI has already announced plans to integrate the National Data Exchange (N-DEx) into the national instant criminal background check for gun purchases. It’s already expected that this will happen by 2020. While the FBI isn’t planning on integrating N-DEx to every NICS check, it isn’t clear that that’s needed anyway.

Bill's Opinion
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03/16/2019
Not to sound paranoid, but I feel there is a hidden agenda here.
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Drew's Opinion
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03/16/2019
Absolutely not. This is not a communist country and and the US government has already assumed to take power from the people it should have never taken. For example; The Patriot Act, laws that allow the US government to confiscate bank accounts without due process, hate speech laws that liberals get to define to silence their opposition. So absolutely not!
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Lance's Opinion
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03/16/2019
No reason too ...as the Background check already ....checks Federal,State and local criminal databases this would be just more Government waste
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bill Progress


  • Not enacted
    The President has not signed this bill
  • The senate has not voted
  • The house has not voted
      house Committees
      Committee on the Judiciary
      Crime, Terrorism and Homeland Security
    IntroducedFebruary 22nd, 2019

What is House Bill H.R. 1324?

This bill — the FAST NICS Act — would improve the National Instant Criminal Background Check System (NICS) system by having it also search the National Data Exchange (N-DEx) database when conducting criminal background checks for potential gun purchasers.

This bill’s full title is the FBI Access to Speedy Technology NICS Act.

Impact

Gun purchasers; gun sellers; gun background checks; National Instant Criminal Background Check System; National Data Exchange; and the FBI.

Cost of House Bill H.R. 1324

A CBO cost estimate is unavailable.

More Information

In-DepthRep. Tom Rice (R-SC) introduced this bill to improve the national instant criminal background check system (NICS). Stephen Morris, who used to run the FBI’s background check division, has long pushed to give access to N-DEx for gun purchase background checks. He says, “If there is a system that can be searched, we should be searching it.”

Frank Campbell, who was the Dept. of Justice (DOJ) lawyer in charge of setting up the National Instant Criminal Background Check System (NICS) in the nineties, says the status quo, in which the FBI isn’t querying an existing database to screen potential gun purchasers, “just doesn’t make sense”:

“The idea that the FBI would have info in a database that would prohibit a gun transaction — but not make it available to the background check examiners — just doesn’t make sense.”

Avery Gardiner, co-president of the Brady Campaign to Prevent Gun Violence, argues that it doesn’t make sense to deny access to any federal database that could contain relevant information for gun background checks to the appropriate parties:

“Government regulations can be cumbersome, but how does it make any sense to deny relevant information to people who are ... enforcing the law that helps keep guns out of the wrong hands? That does not make sense to me.”

In July 2018, the FBI announced plans to add the National Data Exchange (N-DEx) to the gun background check system. In a pilot study covering over a million gun background checks, the FBI’s Criminal Justice Information Services Advisory Policy Board found that adding N-DEx to the tools for vetting potential gun purchasers led to two dozen gun buyers who’d have otherwise been approved being denied approval to acquire guns they weren’t allowed to have, and seven more buyers were flagged for additional research. The buyers who were barred on the basis of N-DEx records included people with felony convictions, open arrest warrants, illegal drug use, and misdemeanor domestic violence crimes.

Currently, the FBI doesn’t plan to make N-DEx a part of initial NICS checks. Instead, it’ll allow background check examiners to query N-DEx when a background check is delayed. The agency hopes that this bill reduces the number of background checks that can’t be completed within the three business day deadline for their completion before gun sellers can legally sell guns to potential purchasers even in the absence of a completed background check.


Of NoteThe National Data Exchange (D-DEx) system is a national repository of criminal justice records submitted by agencies across the U.S. N-DEx contains incident, arrest, and booking reports; pretrial investigations; supervised release reports; calls for service; photos; and field contact/identification records.

N-DEx serves as an online tool for criminal justice agencies to share, search, link, and analyze information across jurisdictional boundaries, and helps investigators “connect the dots” between data on people, places, and things that may seem unrelated. Some of the information in N-DEx — specifically, incident and case reports, full DOJ case files, and corrections data — isn’t available in other FBI systems (the National Criminal Information Center (NCIC), International Identification Index (III), and Next Generation Identification (NGI)).

N-Dex is endorsed by a number of criminal justice associations, including: International Chiefs of Police, National Sheriffs' Association, Association of State Correctional Administrators, National Institute of Corrections, American Probation and Parole Administrators, Corrections Technology Association, Major Cities Chiefs Association, and Major County Sheriffs' Association.

Under federal law, anyone seeking to purchase a firearm at a federally licensed dealer must undergo a background check through NICS — which currently queries three different databases — before the purchase can be completed. The NICS currently queries the Interstate Identification Index, a collection of rap sheets; the National Crime Information Center, which stores details on people and property; and the NICS Index, which carries documents about people already known to be prohibited from gun ownership. During an NICS check, the gun dealer looks for any records that might show the potential purchase is banned from possessing firearms for a number of reasons, including a criminal record, a history of domestic abuse, or a serious psychiatric condition.

The FBI began exploring the possibility of using N-DEx in 2015, after an internal review revealed that Charleston mass shooter Dylann Roof would’ve been blocked from buying the Glock .45-caliber model 41 he used in the shooting had N-DEx been checked during the purchasing process. In Roof’s case, the initial background check revealed a drug arrest, but NICS examiners couldn’t tell whether Roof had admitted guilt or been convicted, so they contacted local records officers to find out. After three days of failed attempts to determine Roof’s status, the dealer sold Roof the Glock. Had the examiner checked N-DEx, they’d have found a record showing that Roof admitted drug possession — which would have led to the denial of his gun purchase. At that time, it was legal for the gun purchaser to sell the firearm to Roof after the background check couldn’t be completed within three business days. After it was discovered, this glitch became known as the “Charleston Loophole.”

Andy Savage, a Charleston attorney who represents several families who lost loved ones to Roof’s shooting, says N-DEx’s incorporation into NICS is overdue:

“It's amazing it's taken more than three years before an initial step can be taken by the FBI. There is no excuse under any circumstances for Dylann Roof to have ever gotten a weapon. The facts are egregious.”


Media:

Summary by Lorelei Yang

(Photo Credit: iStockphoto.com / Bill Oxford)

AKA

FAST NICS Act

Official Title

To improve the national instant criminal background check system in order to search the National Data Exchange database when conducting criminal background checks.

    There is no reason why a background check shouldn’t be able to search through all relevant databases. A background check needs to be as complete as possible to ensure public safety when someone is purchasing a gun.
    Like (100)
    Follow
    Share
    Not to sound paranoid, but I feel there is a hidden agenda here.
    Like (55)
    Follow
    Share
    Absolutely not. This is not a communist country and and the US government has already assumed to take power from the people it should have never taken. For example; The Patriot Act, laws that allow the US government to confiscate bank accounts without due process, hate speech laws that liberals get to define to silence their opposition. So absolutely not!
    Like (29)
    Follow
    Share
    Why not. If someone has nothing to hide then they shouldn’t have a problem running through a combined database. Sounds like a really good idea actually.
    Like (28)
    Follow
    Share
    👍🏻 HOUSE BILL H.R. 1324 AKA “the FAST NICS Act’’ 👍🏻 I’m in complete agreement with and recommend the passage of the HOUSE H.R. 1324 AKA “the FAST NICS Act”which would improve the National Instant Criminal Background Check System (NICS) system by having it also search the National Data Exchange (N-DEx) database when conducting criminal background checks for potential gun purchasers. While the FBI is already planning to give background check examiners access to the National Data Exchange (N-DEx) when background checks are delayed, that isn’t enough. Instead, N-DEx should be integrated into the NICS system, just like the other three databases that comprise NICS, so it’s queried every time a background check is completed. SneakyPete..... 👍🏻🇺🇸👍🏻🇺🇸👍🏻. 3*16*19.....
    Like (23)
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    No reason too ...as the Background check already ....checks Federal,State and local criminal databases this would be just more Government waste
    Like (23)
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    Faster access and more complete information in the right hands is a good thing.
    Like (20)
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    Everyone is so worried that the government is going to "take our guns away". No. That's not what this is about. All of the knee jerk reactionist just need to calm down. This is not going to cure our gun issues. But it might help. If this bill can prevent even just one horrible incident, it is worthwhile
    Like (15)
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    When doing a background check for purchasing or receiving firearms by gift, transfer or whatever, ALL relevant databases should be checked before sale or transfer is allowed. If someone is fearful of a thorough background check maybe they have something to hide.
    Like (12)
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    Why would we want to allow gun sales without knowing issues of the people who are buying guns? Who thinks it’s a good idea to make life threatening judgments without information to make them? Yes, information should be cross referenced and fully accessible.
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    No! This is all about control and we will not be controlled or ruled over! Quits asking because the answer will still be NO!
    Like (11)
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    There's nothing "communist" about keeping killing machines out of the hands of dangerous people. The same people who could be let out of jail early for "good behavior".
    Like (10)
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    This is not needed!
    Like (8)
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    Makes sense if your looking to do a complete job.
    Like (8)
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    Yes!! And make concealed carry permits like drivers licenses where they are accepted in every state!!
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    While being what is typically considered “liberal” on many fronts, I believe in the privilege to bear arms. I say privilege because I do not believe it is a right for those who have shown they have not earned that privilege. Vetting who has the privilege should utilize the best data we have and that utilization should be required, not depended upon (I.e., the FBI has plans to do this anyway...), and we should ensure that whatever the plans of any law enforcement agency we are doing the best due diligence before we arm our citizens. Please vote yes to require this.
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    There's so much to say about this idea. 1: guns are an inherent right from birth, just as swords as knives as our fist are tools of both good and evil. Self defense is a human right. Government, especially the U.S government of all, has no right to impede on these rights. The second amendment both in it's historical context and present are very clear that any gun laws are an infringement on our birth rights. If we followed the United States constitution though, we wouldn't be having any debates over who is allowed what rights. We wouldn't have the DoJ, the FBI, the NSA, the CIA etc etc etc... I dream of a constitutional America again, and I know my representatives do not represent my best interest but the interest of what will get them elected again. Liberty is dying in the land of the free, and I truly hope to see more laws repealed in the future than more rights taken away. Every unconstitutional law is an immoral act against the sovereign birth rights of every human being. We can do better, make freedom great again.
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    Background checks? What good are they when police and school system don’t act when an overt obvious disturbed person is constantly raising red-flags and Nothing is done to help that person and protect those around him? Parkland o name just one example. All Americans should expect law enforcement agencies, which missed opportunities to stop not just the Parkland shooter, but also the shooters in the Charleston and Sutherland Springs churches and the Orlando nightclub, to be able to protect us. You can forgive us if we don’t believe that giving federal law enforcement officials more authority is the solution to shootings they bear some responsibility for. - The school resource officer who fired at and stopped the murderer at Great Mills High School in Baltimore. - The NRA instructor Stephen Willeford who shot at and pursued the gunman responsible for the Sutherland Springs church massacre. - The Spartanburg County SC man with a concealed carry permit who shot the gunman, Jody Thompson, responsible for wounding three people. Gun control disarms the law-abiding and only the law-abiding, by definition. Self-defense is a basic human right and, clearly, guns are the only reasonable means for the average citizen to exercise that right.
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    There's no reason why this shouldn't be passed. It is "in the process" of being done. There's no reason why Congress shouldn't support this action with a vote.
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    The second amendment is rendered useless when gun sales are subject to government approval.
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