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Posts Tagged nics
From Fox St. Louis:
Shortcomings at federal and state agencies allow sales of firearms to people prohibited from buying them, a Justice Department inspector general probe found.
But for the past 15 years, the FBI and ATF have disagreed over what is a “fugitive from justice,” which would disqualify a prospective buyer from legally obtaining a firearm, the inspector general report said. There were nearly 50,000 such purchases between 1999 and 2015 that the FBI sought to deny, but that the ATF didn’t agree required the agency to try to retrieve the gun.
The FBI Criminal Justice Information Services Division planned to launch the two-phased project on July 14, but postponed it for unspecified reasons. The bureau has not announced a new “go-live” date, but said rescheduling would not interfere with the peak fall sales season.
The system’s postponement comes on the heels of FBI Director James Comey informing reporters about how a clerical error during the screening process in April allowed a South Carolina man with felony drug charges to pass a background check before buying a handgun.
According to Grassley’s office, the VA “reports individuals to the gun ban list if an individual merely needs financial assistance managing VA benefits,” keeping them from exercising their Second Amendment rights. (Bolding is mine)
“The National Instant Criminal Background Check System (NICS) is effectively a national gun ban list and placement on the list precludes the ownership and possession of firearms. According to the Congressional Research Service, as of June 1, 2012, 99.3% of all names reported to the NICS list’s “mental defective” category were provided by the Veterans Administration (VA) even though reporting requirements apply to all federal agencies.
From Prince Law Offices, P.C.:
It’s no secret that ATF told at least one FFL they need to run a NICS check on trustees picking up NFA firearms on behalf of a trust. In a letter addressed toDakota Silencer, ATF explained:
The term “person” is defined by the GCA at 18 U.S.C. § 921(a)(1), to include “any individual, corporation, company, association, firm, partnership, society, or joint stock company.”
ATF has interpreted the GCA exception in sections 922(t)(3)(B) and 478.102(d)(2) to mean that firearms transfers are exempt from a NICS check when they have been approved under the NFA to the person receiving the firearm. Unlike individuals, corporations, partnerships, and associations; unincorporated trusts do not fall within the definition of “person” in the GCA.
Because unincorporated trusts are not “persons” under the GCA, a Federal firearms licensee (FFL) cannot transfer firearms to them without complying with the GCA. Thus, when an FFL transfers an NFA firearm to a trustee or other person acting on behalf of a trust, the transfer is made to this person as an individual (i.e., not as a trust). As the trustee or other person acting on behalf of the trust is not the approved transferee under the NFA, 18 U.S.C. 5812, the trustee or other person acting on behalf of a trust must undergo a NICS check. The individual must also be a resident of the same State as the FFL when receiving the firearm.
There is a lot of technical legal speak in this post but it is fascinating how the government has spun such a tangled web of laws that may actually cancel out or contradict one another.
This graph is from zerohedge.com:
Last Friday’s gun sales activity overwhelmed the National Instant Check System and provided retailers all over the country with a very green “Black Friday,” but did it also provide government anti-gunners a clue about how to suspend the Second Amendment?
The FBI fielded 154,873 calls, a roughly 20% increase from last year’s previous one-day record of 129,166, according to bureau records.
From Market Daily News:
Fueled by fears that the Obama administration will go after gun rights during a lame duck term, the FBI reported 154,873 background check requests on Friday – a 20 per cent increase on last year’s record total of 129,166 checks.
The number of guns sold could actually be double or more that figure because only one background check is recorded per sale even if buyers purchase multiple firearms.