Bills
| 3.23.22

Fix NICS Act: Improving the Accuracy of the Background Check System for Gun Purchases (S. 2135)

Do you support or oppose this bill?

What is S. 2135?

(Updated April 9, 2021)

This bill — known as the Fix NICS Act — would seek to improve to the National Instant Criminal Background Check System (NICS) by ensuring federal and state authorities comply with existing law and accurately report relevant criminal history records to the NICS.

It would require federal agencies and states to produce NICS implementation plans that focus on uploading all information to the background check system showing a person is prohibited from purchasing or possessing firearms under current law, including measures to verify the records. To ensure federal agencies comply, the Dept. of Justice (DOJ) would report twice per year on failures by agencies to report such records to NICS and political appointees at such agencies couldn’t receive bonuses.

States that comply with their NICS implementation plans would be rewarded through federal grant preferences and incentives. To ensure states comply, the DOJ would publicly report on states’ adherence to the implementation plan. Law enforcement programs to help state governments share relevant records with NICS would be reauthorized and improved.

A Domestic Abuse and Violence Prevention Initiative would be created to ensure that states have adequate resources and incentives to share all relevant information with NICS showing that a felon or domestic abuser is excluded from purchasing firearms under current law.

Technical assistance would be provided to federal agencies and states that are working to comply with NICS record-sharing requirements.

Argument in favor

This commonsense, bipartisan bill will ensure that federal agencies and states are reporting relevant criminal records to the National Instant Criminal Background Check System (NICS), which helps keep guns out of the hands of criminals.

Argument opposed

If federal agencies and states aren’t already sending relevant criminal records to the National Instant Criminal Background Check System (NICS), the tools this bill proposes to incentivize or shame them into doing so will likely be insufficient.

Impact

Federal agencies and states; the NICS; and the DOJ.

Cost of S. 2135

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Sen. John Cornyn (R-TX) introduced this bill to ensure federal and state authorities comply with existing law and accurately report relevant criminal history records to the National Instant Criminal Background Check System:

“For years agencies and states haven’t complied with the law, failing to upload these critical records without consequence. Just one record that’s not properly reported can lead to tragedy, as the country saw last week in Sutherland Springs, Texas. This bill aims to help fix what’s become a nationwide, systemic problem so we can better prevent criminals and domestic abusers from obtaining firearms.”

Original cosponsor Sen. Chris Murphy (D-CT) added:

“This deal will strengthen the background check system and save lives. Our bill marks an important milestone that shows real compromise can be made on the issue of guns. I’m grateful that Senator Cornyn was such a strong partner and straightforward negotiator. It’s no secret that I believe much more needs to be done. But this bill will make sure that thousands of dangerous people are prevented from buying guns. It represents the strongest update to the background checks system in a decade, and provides the foundation for more compromises in the future.”

The Trump administration signaled that it is “supportive of efforts to improve the Federal background check system” and backed ongoing negotiations on this bill as a means to that end.

This legislation has the support of 49 bipartisan cosponsors, including 25 senators who caucus as Democrats and 24 Republicans.


Media:

Summary by Eric Revell

(Photo Credit: wingedwolf / iStock)