Should State Law Enforcement Agencies be Notified When Someone Fails a Gun Background Check? (S. 2492)
Do you support or oppose this bill?
What is S. 2492?
(Updated January 24, 2019)
This bill would require federal authorities to notify state law enforcement within 24 hours when individuals “lie and try” to purchase firearms when they’re legally prohibited from doing so, failing a National Instant Criminal Background Check System (NICS) check in the process. Under current law, in the 37 states which rely solely on the FBI to run background checks on attempted gun purchases state authorities generally aren’t aware when prohibited individuals fail background checks. (The remaining states do their own background checks using the FBI’s NICS database so state authorities can be notified and investigate.)
Argument in favor
State law enforcement agencies should be notified when a prohibited individual tries to buy a firearm and fails an FBI background check. The FBI should notify agencies it runs background checks for.
Argument opposed
If states want to be notified when a prohibited individual fails a gun background checks, they should run their own background checks like 13 already do without relying on the FBI to flag failed checks.
Impact
State law enforcement agencies that would be notified about failed NICS background checks; and the FBI.
Cost of S. 2492
A CBO cost estimate is unavailable.
Additional Info
In-Depth: Sponsoring Sen. Pat Toomey (R-PA) introduced this bill to require the FBI to notify state law enforcement agencies within 24 hours when a person prohibited from owning a gun, like a convicted felon, fails a background check to buy a gun:
“This NICS Denial Notification Act requires the FBI to notify state law enforcement within 24 hours when a person who is prohibited from getting a gun, such as convicted felon, lies about their background in an attempt to buy one. That is, in itself, a federal felony and it goes almost entirely unprosecuted now. We can make progress on gun safety while respecting the Second Amendment rights of American citizens, including better enforcing existing gun laws and responding to warning signs that we get of criminal behavior. This bipartisan bill is a critical step forward in helping to ensure that our communities can be safe from criminals.”
Original cosponsor Sen. Chris Coons (D-DE) added:
“We have to find ways to work across the aisle to reduce gun violence, and the NICS Denial Notification Act is one modest, commonsense way to do that. By ensuring that state and federal law enforcement are working together to prevent those who shouldn’t be able to buy a gun from getting one, we can make our communities safer.”
This legislation has the support of 11 bipartisan cosponsors, including six Democrats and five Republicans.
Media:
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Sponsoring Sen. Pat Toomey (R-PA) Press Release
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Cosponsoring Sen. Marco Rubio (R-FL) Press Release
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Guns.com
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Washington Examiner
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Everytown / Moms Demand Action (In Favor)
Summary by Eric Revell
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