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house Bill H.R. 2319

Closing the 'Charleston Loophole' by Adding the National Data Exchange Database to NICS 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.

jimK's Opinion
···
09/05/2019
Anything that helps realistic gun control gets my vote. I don’t care if it is redundant or not. I don’t care if it is too little or too late, too inconvenient, too limiting or not. Background checks are a good first step that needs to happen to address at least part of the gun violence issues we have increasingly been subjected to. Next, we have to rid ourselves of guns capable of rapidly killing many innocent people. There is no need for these types of weapons anywhere in our society. None.
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John's Opinion
···
09/05/2019
Do this while taking serious gun control. Ban assault style weapons. Ban large capacity magazines. Ban bump stocks. Start a 3 month waiting period. Raise the age to purchase/possess a gun to 70. Institute a $1,000 tax on each and every bullet made or sold. Background checks on every gun sale, no exceptions.
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Dawn's Opinion
···
09/05/2019
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.
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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.

Ronald's Opinion
···
09/05/2019
American Citizens have Our God given right to bear arms. No Government has a right to deny this. background checks will lead to confiscation. This will violate due process of law. Republicans ignored the culture way in America. Now that the culture rot that GOP ceded to Dems has led to mass killings Now dems want to use the problem they created to deny Us of Our God Given Rights. GOP must grow a backbone, and stand up for America, and America's Exceptional Constitution, crowned with the Worlds' only bill of rights.
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Jarsh's Opinion
···
09/05/2019
Gun control legislation is a scapegoat for the moral decay of the nation. Fatherless homes, substance abuse, lack of community, polite society and common decency are the cause of these issues. Taking a gun away from someone who had too many parking tickets is not going to stop premeditated murder and may cause a victim of domestic assault to be unable to protect herself. The problem with gun statistics is they never show how many murders, assaults, robberies, etc were stopped by guns. This data is not compiled. Removing rights always has unexpected consequences. Have a look at UK knife crime.
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ManfromNebraska's Opinion
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09/05/2019
This It’s something that’s already going to be done and this is a waste of time legislation.
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What is House Bill H.R. 2319?

This bill — the 21st Century NICS Act — would improve the National Instant Criminal Background Check (NICS) system by allowing it to search the National Data Exchange (N-DEX) database when conducting criminal background checks for firearms purchases.

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. 2319

A CBO cost estimate is unavailable.

More Information

In-DepthRep. Tom Rice (R-SC) introduced this bill to close the “Charleston Loophole,” which allows gun sellers to sell guns to prospective purchasers without a complete background check if the background check can’t be completed within three business days:

“The National Data Exchange (N-DEX) aggregates criminal records from various federal, local, and state agencies to provide critical information to the criminal justice community. Although it is operated by the FBI, outdated agency policy prevents the FBI’s own background check examiners from accessing this database. If a request from a firearm retailer is referred to an FBI National Instant Criminal Background Check (NICS) examiner, current protocol sends them on a wild-goose chase for relevant information. Unable to legally access their own database, they have to fax requests to local law enforcement agencies and are prohibited from performing basic internet searches to find contact information. If three days passes without an answer from the FBI, the retailer can use their discretion on whether to complete the firearm sale. Not only does this prevent lawful citizens from exercising their Second Amendment Right to purchase a firearm, but as we know from the horrific shooting at the Emanuel AME church it allows the sale of guns to people who absolutely should not have them. Why have this database if it isn’t going to be used effectively? This common-sense and long overdue fix will grant background check examiners access to the N-DEX, allowing lawful citizens to purchase firearms without running into bureaucratic delays and keeping guns out of the wrong hands.”

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.

This bill has 14 bipartisan cosponsors, including 12 Republicans and two Democrats.

Rep. Rice has introduced another bill relating to gun purchase background checks, the FAST NICS Act, which would do the exact same thing as this bill.


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.

After Charleston mass shooter Dylann Roof killed nine African-American churchgoers in 2015, an internal review at the FBI revealed that he would’ve been blocked from buying the Glock .45-caliber model 41 he used in the shooting had the background check process been more stringent. 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.”


Media:

Summary by Lorelei Yang

(Photo Credit: iStockphoto.com / DmyTo)

AKA

21st Century 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.

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
    IntroducedApril 12th, 2019
    Anything that helps realistic gun control gets my vote. I don’t care if it is redundant or not. I don’t care if it is too little or too late, too inconvenient, too limiting or not. Background checks are a good first step that needs to happen to address at least part of the gun violence issues we have increasingly been subjected to. Next, we have to rid ourselves of guns capable of rapidly killing many innocent people. There is no need for these types of weapons anywhere in our society. None.
    Like (92)
    Follow
    Share
    American Citizens have Our God given right to bear arms. No Government has a right to deny this. background checks will lead to confiscation. This will violate due process of law. Republicans ignored the culture way in America. Now that the culture rot that GOP ceded to Dems has led to mass killings Now dems want to use the problem they created to deny Us of Our God Given Rights. GOP must grow a backbone, and stand up for America, and America's Exceptional Constitution, crowned with the Worlds' only bill of rights.
    Like (40)
    Follow
    Share
    Gun control legislation is a scapegoat for the moral decay of the nation. Fatherless homes, substance abuse, lack of community, polite society and common decency are the cause of these issues. Taking a gun away from someone who had too many parking tickets is not going to stop premeditated murder and may cause a victim of domestic assault to be unable to protect herself. The problem with gun statistics is they never show how many murders, assaults, robberies, etc were stopped by guns. This data is not compiled. Removing rights always has unexpected consequences. Have a look at UK knife crime.
    Like (32)
    Follow
    Share
    Do this while taking serious gun control. Ban assault style weapons. Ban large capacity magazines. Ban bump stocks. Start a 3 month waiting period. Raise the age to purchase/possess a gun to 70. Institute a $1,000 tax on each and every bullet made or sold. Background checks on every gun sale, no exceptions.
    Like (29)
    Follow
    Share
    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.
    Like (27)
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    Seems straightforward.
    Like (23)
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    I support anything which will reduce gun sales.
    Like (17)
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    You damn straight America NEEDS BACKGROUND CHECKS EVERYTIME!
    Like (15)
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    It’s a start that is long overdue. Ban assault rifles and automatic weapons.
    Like (14)
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    This It’s something that’s already going to be done and this is a waste of time legislation.
    Like (13)
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    I guess it’s something. Push for more. Ban assault weapons, and extended clips. Fund a federal buy back program. Require that local police not resell firearms. Set up a federal licensing requirement that gun owners have to prove they can handle a gun safely at a firing range before they can own a gun. Fund scientific research into the gun violence so congress can make rational and effective science based laws. Keep up the momentum.
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    Anything to save lives! Rabid gun enthusiasts need to realize that, if the Second Amendment were the most important part of our government, it would be the First Amendment.
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    There’s no actual reason not to do this. If the data’s available, it should be put to use to prevent crime. It doesn’t infringe on anyone’s rights to have their background check be complete when someone is trying to access it. Just because the FBI is already planning on helping doesn’t mean it shouldn’t be codified into law to ensure that data is always usable for preventing gun violence. You really can’t get too redundant in trying to create a safer country, as long as no rights are being infringed, which they aren’t
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    Vitally important. Please support.
    Like (10)
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    Background checks should be as thorough as possible, or they aren’t very useful.
    Like (9)
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    Why do what is already done by the FBI? Are you trying to create more paperwork.?
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    These are, the UNITED States of America; NOT the divided states of america !
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    Definitely!
    Like (8)
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    Every other country has video games, low church attendance, mentally ill, and white supremacists. We have a mass shooting a week. We don’t let people have free access to dynamite, cyanide, or nerve gas for the same reason we must limit access to weapons of war.
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    I like this idea. Unfortunately CRIMINALS don’t buy guns through proper channels. Anti gun lobbyist either don’t think things through or they want to DISARM AMERICANS AND AMERICA itself. This is a DANGEROUS GAME our Government is playing. How do YOU DISARM THE CRIMINALS??? How will you disarm the people with mental problems. How will people be designated as mentally incompetent to own a gun? Quite a few questions have not been answered or thought through in my opinion.
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