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senate Bill S. 875

Should State Law Enforcement Agencies be Notified When Someone Fails a Gun Background Check?

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.

IllWill's Opinion
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07/20/2019
How is this even a question? If law enforcement does not investigate individuals who have a criminal background and lied about it in an attempt to purchase a firearm, they will likely keep trying until they are successful. Keep guns out of the hands of felons!
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SneakyPete's Opinion
···
07/20/2019
👍🏻👍🏻 Senate Bill S.875 AKA “NICS Denial Notification Act of 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.) 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. SneakyPete..... 👍🏻👍🏻 S.875 👍🏻👍🏻. 7.20.19.....
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Jaqueron's Opinion
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07/20/2019
Please pass this kind of common sense legislation! It doesn’t infringe on anyone’s rights other than to provide a word of caution for the authorities to become aware of individuals failing a background check. Please (Republicans) pass this kind of common sense!!
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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.

Gerald's Opinion
···
07/20/2019
The attempted purchase of a firearm was thwarted by the implementation of the background check (form 4473) and therefore the sale was not processed. This is the very same form used for all legal sales of firearms by licensed dealers, which the gov’t is constantly trying to get into law. It’s already the law. It is not a crime to be a liar, just poor character. If an attempt to purchase a firearm was denied, the would be purchased will leave the store without a firearm. If in a brilliant attempt the “purchaser” decides to rob the store... well, good luck because every gun shop visited has armed individuals in close proximity. On the off chance the “purchaser” decides to buy in an illegal fashion, that individual is now a criminal and a background check would not stop the purchase. The public must understand a background check (form 4473) is a formidable way of preventing illegal purchases. Those who opt to buy illegal firearms are known as criminals and do not care about the laws of society. Again, the local authorities should not be monitoring liars in communities simply because they exhibit poor judgement. People know their history and many will lie to change that fact however, trust must be instilled in the federally licensed firearms dealers. If an illegal sale is committed, the license is revoked. How much more common sense is needed. Sounds like people need better understanding of existing laws rather than attempting to rewrite current laws to suit their limited capacity of knowledge.
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Gregory's Opinion
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07/21/2019
I am afraid when you give the government to much power they will abuse it against the people.
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Francisco's Opinion
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07/20/2019
There are questions that do not merit engagement!!
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bill Progress


  • Not enacted
    The President has not signed this bill
  • The house has not voted
  • The senate has not voted
      senate Committees
      Committee on the Judiciary
    IntroducedMarch 26th, 2019

What is Senate Bill S. 875?

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.)

This bill would also require the Dept. of Justice (DOJ to publish an annual report with statistics about its prosecution of background check denial cases, so Congress and voters can hold federal officials accountable.

Impact

State law enforcement agencies that would be notified about failed NICS background checks; and the FBI.

Cost of Senate Bill S. 875

A CBO cost estimate is unavailable.

More Information

In-Depth: Sponsoring Sen. Pat Toomey (R-PA) reintroduced this bill from the 115th Congress to give states critical information to help them enforce existing laws against individuals who attempt to purchase firearms, but don't have the legal right to do so

“When a convicted felon lies about his conviction in an attempt to purchase a gun, he is committing a new felony. This happens regularly in America. Unfortunately, these crimes largely go unprosecuted. We can make progress on gun safety while respecting the Second Amendment rights of American citizens. This bipartisan bill will help to make our communities safer from criminals by better enforcing existing gun laws and responding to warning signs of criminal behavior.”

Original cosponsor Sen. Chris Coons (D-DE) adds

“We have seen too many tragic instances when an individual who should not have been able to obtain a gun used one to commit horrible crimes. The American people have called on Congress to act, and the NICS Denial Notification Act is one commonsense step we should take. By ensuring that federal and state law enforcement can work together to prevent those who shouldn’t be able to buy a gun from getting one, we can make our communities safer. This is exactly the sort of bipartisan step Congress should be able to support.”

Rep. Mike Quigley (D-IL), sponsor of the House version of this bill in the 116th Congress, adds

"Effective communication between federal, state, and local authorities is a key element in the fight to prevent needless gun violence. When all levels of law enforcement are on the same page, we are better able to prevent firearms from getting into the hands of convicted felons and domestic abusers. The NICS Denial Notification Act is the type of common-sense, bipartisan legislation that we need in order to empower law enforcement and protect our communities.”

Last Congress, Sen. Toomey 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.”

Last Congress, 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.”

Giffords, the gun violence prevention organization led by former Congresswoman Gabrielle Giffords, supports this bill. In a March 2019 press release, David Chipman, senior policy advisor at Giffords and a retired ATF Special Agent of 25 years, said

"A person prohibited from owning a firearm bold enough to lie trying to beat a background check is a significant federal crime. It is also actionable intelligence that can help cops to prevent other crimes. Right now, if someone is denied by the FBI, state and local law enforcement are left in the dark. And in the rare cases when they are alerted, it’s often too late. This is unacceptable and passing this commonsense bill is a no-brainer. We applaud Senators Toomey and Coons for having the courage to introduce this bipartisan bill that seeks to keep our communities safe from gun violence.”

This bill has five bipartisan Senate cosponsors, including three Democrats and two Republicans, in the 116th Congress. The House companion bill, sponsored by Rep. Mike Quigley (D_IL), has the support of 18 bipartisan House cosponsors, including 10 Democrats and eight Republicans. Neither bill has received a committee vote yet.

In the 115th Congress, this bill had 13 bipartisan Senate cosponsors, including seven Democrats and six Republicans, and didn't receive a committee vote. The House companion bill, sponsored by Rep. Quigley with the support of 27 bipartisan cosponsors, including 14 Republicans and 13 Democrats, also didn't receive a committee vote last Congress.

This bill is endorsed by the Fraternal Order of Police, Major Cities Chiefs Police Association, Federal Law Enforcement Officers Association, National District Attorneys Association, Firearms Owners Against Crime, National Domestic Violence Hotline, National Coalition Against Domestic Violence, Everytown for Gun Safety and Giffords


Of Note: Federal officials are notified when individuals who are legally prohibited from purchasing firearms (including convicted felons, fugitives, and domestic abusers) try to buy a gun but fail a National Instant Criminal Background Check System (NICS) background check. These attempted purchase often violate both federal and state laws.  However, the federal government rarely prosecutes any of these individuals.

In the 13 states that run their own background checks using NICS, state authorities are aware when prohibited persons fail background checks, and can have state law enforcement investigate such cases. However, in D.C. and the 37 states that rely on the FBI to run some or all of their background checks, state authorities generally aren't notified when prohibited persons fail background checks run by the FBI. Thus, these states and D.C. lack critical law enforcement intelligence that they could use to try to keep their communities safe.

AKA

A bill to provide for the reporting to State and local law enforcement authorities of cases in which the national instant criminal background check system indicates that a firearm has been sought to be acquired by a prohibited person, so that authorities

Official Title

A bill to provide for the reporting to State and local law enforcement authorities of cases in which the national instant criminal background check system indicates that a firearm has been sought to be acquired by a prohibited person, so that authorities may pursue criminal charges under State law, and to ensure that the Department of Justice reports to Congress on prosecutions secured against prohibited persons who attempt to acquire a firearm.

    How is this even a question? If law enforcement does not investigate individuals who have a criminal background and lied about it in an attempt to purchase a firearm, they will likely keep trying until they are successful. Keep guns out of the hands of felons!
    Like (106)
    Follow
    Share
    The attempted purchase of a firearm was thwarted by the implementation of the background check (form 4473) and therefore the sale was not processed. This is the very same form used for all legal sales of firearms by licensed dealers, which the gov’t is constantly trying to get into law. It’s already the law. It is not a crime to be a liar, just poor character. If an attempt to purchase a firearm was denied, the would be purchased will leave the store without a firearm. If in a brilliant attempt the “purchaser” decides to rob the store... well, good luck because every gun shop visited has armed individuals in close proximity. On the off chance the “purchaser” decides to buy in an illegal fashion, that individual is now a criminal and a background check would not stop the purchase. The public must understand a background check (form 4473) is a formidable way of preventing illegal purchases. Those who opt to buy illegal firearms are known as criminals and do not care about the laws of society. Again, the local authorities should not be monitoring liars in communities simply because they exhibit poor judgement. People know their history and many will lie to change that fact however, trust must be instilled in the federally licensed firearms dealers. If an illegal sale is committed, the license is revoked. How much more common sense is needed. Sounds like people need better understanding of existing laws rather than attempting to rewrite current laws to suit their limited capacity of knowledge.
    Like (32)
    Follow
    Share
    👍🏻👍🏻 Senate Bill S.875 AKA “NICS Denial Notification Act of 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.) 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. SneakyPete..... 👍🏻👍🏻 S.875 👍🏻👍🏻. 7.20.19.....
    Like (44)
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    Please pass this kind of common sense legislation! It doesn’t infringe on anyone’s rights other than to provide a word of caution for the authorities to become aware of individuals failing a background check. Please (Republicans) pass this kind of common sense!!
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    Yes as part of law enforcement coordination and cooperation efforts. Only makes sense otherwise why bother.
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    If someone fails a background check, he or she will likely try to find other ways to pursue a gun. Authorities should absolutely be notified or have a database for potential violence. These people could be domestic abusers, past felons, or simply have a warrant out for his or her arrest, etc.
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    Yup. Should be reported. Police don’t have to act on the first report and probably, in most cases, should not. But if there is another report from a different dealer coming shortly after- they would certainly have good cause to investigate and I certainly hope they would. If you have someone who seems desperate to illegally get a firearm- there must be a reason.
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    Common sense law.
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    I am afraid when you give the government to much power they will abuse it against the people.
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    Yep. Why is this not a law already? Oh yea! The GOP and the NRA. That is why!
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    I thought that all gun background checks and gun purchases and ammo purchases were going to be linked to one database that every law enforcement, mental health agency and other appropriate agencies would have access to??
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    A resounding YES! Red flag 🚩 ! Red flag 🚩!
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    I believe this is an obvious answer. I mean in any logical society we would let law enforcement if someone should not be in possession of a firearm
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    Yes, and they should then confiscate all weapons and keep a close eye on the person who failed .
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    So they're informed, then what? This is about 10th of a good idea. You need to draft up policy to diagnose treat and rehabilitate these people. Not just watching them waiting to penalize but lets heal the sick. Medicare for all would best address this.
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    UNBELIEVABLE that they don’t do that already!!! TRULY UNBELIEVABLE!!! Yes, for God’s Sake notify State and Federal Law Enforcement agencies when someone fails a gun background check! GEEZ!
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    Yes. All we want to do is keep everyone safe. The police should definitely be notified when someone fails. Just in case!
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    Of course. A common sense piece of legislation.
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    I have been a “gun guy” for 56 years and a NRA member for most of that. I have seen time after time that the measures that are truly effective at lowering gun crime all involve enforcement of existing laws. This is a good bill, it is terribly overdue, and I stand with its sponsors in supporting it. And I fervently hope that both sides of Congress pass it unamended and without riders or “poison pill” additions.
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    Please approve this measure.
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