Senate Passes NICS Improvement Act, House Concurs

NRA - ILA ^ | December 19, 2007 | NA

[neverdem]

·11250 Waples Mill Road ·   Fairfax, Virginia 22030    ·800-392-8683

Senate Passes NICS Improvement Act, House Concurs

Wednesday, December 19, 2007

After months of careful negotiation, pro-gun legislation was passed through Congress today. The National Rifle Association (NRA) worked closely with Senator Tom Coburn (R-Okla.) to address his concerns regarding H.R. 2640, the National Instant Check System (NICS) Improvement Act. These changes make a good bill even better. The end product is a win for American gun owners.

Late yesterday, anti-gun Senator Ted Kennedy (D-MA), failed to delay progress of this pro-gun measure. The Violence Policy Center, the Coalition to Stop Gun Violence and other gun control and gun ban groups are opposed to the passage of this legislation because of the many pro-gun improvements contained within.

The NICS Improvement Act does the following to benefit gun owners:

 

• Permanently prohibits the FBI from charging a “user fee” for NICS checks.

 

• Requires all federal agencies that impose mental health adjudications or commitments to provide a process for “relief from disabilities.”  Extreme anti-gun groups like the Violence Policy Center and Coalition to Stop Gun Violence have expressed “strong concerns” over this aspect of the bill—surely a sign that it represents progress for gun ownership rights.

 

• Prevents reporting of mental adjudications or commitments by federal agencies when those adjudications or commitments have been removed.

 

• Requires removal of expired, incorrect or otherwise irrelevant records. Today, totally innocent people (e.g., individuals with arrest records, who were never convicted of the crime charged) are sometimes subject to delayed or denied firearm purchases because of incomplete records in the system.

 

• Provides a process of error correction if a person is inappropriately committed or declared incompetent by a federal agency. The individual would have an opportunity to correct the error-either through the agency or in court.

 

• Prevents use of federal “adjudications” that consist only of medical diagnoses without findings that the people involved are dangerous or mentally incompetent. This would ensure that purely medical records are never used in NICS. Gun ownership rights would only be lost as a result of a finding that the person is a danger to themselves or others, or lacks the capacity to manage his own affairs.

 

• Improves the accuracy and completeness of NICS by requiring federal agencies and participating states to provide relevant records to the FBI. For instance, it would give states an incentive to report those who were adjudicated by a court to be "mentally defective," a danger to themselves, a danger to others or suicidal.

 

• Requires a Government Accountability Office audit of past NICS improvement spending.

  

The bill includes significant changes from the version that previously passed the House, including:

 

 

• Requires incorrect or outdated records to be purged from the system within 30 days after the Attorney General learns of the need for correction.

 

• Requires agencies to create “relief from disabilities” programs within 120 days, to prevent bureaucratic foot-dragging.

 

• Provides that if a person applies for relief from disabilities and the agency fails to act on the application within a year—for any reason, including lack of funds—the applicant can seek immediate review of his application in federal court.

 

• Allows awards of attorney’s fees to applicants who successfully challenge a federal agency’s denial of relief in court.

 

• Requires that federal agencies notify all people being subjected to a mental health “adjudication” or commitment process about the consequences to their firearm ownership rights, and the availability of future relief.

 

• Earmarks 3-10% of federal implementation grants for use in operating state “relief from disabilities” programs.

 

• Elimination of all references to Bureau of Alcohol, Tobacco, Firearms and Explosives regulations defining adjudications, commitments, or determinations related to Americans’ mental health.  Instead, the bill uses terms previously adopted by the Congress.

On Wednesday evening, by unanimous consent, the U.S. House accepted the Senate amendment to H.R. 2640. The legislation is headed to the President's desk for his signature into law.

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Find this item at: http://www.nraila.org/Legislation/Read.aspx?ID=3321

[Bizhvywt]

“Late yesterday, anti-gun Senator Ted Kennedy (D-MA), failed to delay progress of this pro-gun measure.”

That’s all I need to know. Kennedy was for it!

[Neu Pragmatist]

It sounds like Kennedy tried to stop it .

[Neu Pragmatist]

It sounds like a really good bill. It will help prevent nutters from getting guns through legal means , but will assure that if you are not a nutter , you can stay off the list or get removed if you were put on it .

Overall good bill .

[RasterMaster]

"The National Rifle Association (NRA) worked closely with Senator Tom Coburn (R-Okla.)"

Always count on Oklahoman COMMON SENSE!

[neverdem]

Enter NICS Improvement Act at THOMAS.

Scroll down to S.2084.PCS and click. Check TITLE II--NICS IMPROVEMENT AMENDMENTS ACT OF 2007.

That's all I've done so far.

[Alamo-Girl]

Thanks for the ping!

[Liberty Valance]

*

[ExSoldier]

failed to delay progress...

Clear statement that Kennedy was totally against, which means this is a good bill. Clearly a bill the gun grabbers tried to KILL and failed at that effort.

[mr_hammer]

Good work NRA!

[neverdem]

(c) Standard for Adjudications, Commitments, and Determinations Related to Mental Health-

(1) IN GENERAL- No department or agency of the Federal Government may provide to the Attorney General any record of an adjudication or determination related to the mental health of a person, or any commitment of a person to a mental institution if—

(A) the adjudication, determination, or commitment, respectively, has been set aside or expunged, or the person has otherwise been fully released or discharged from all mandatory treatment, supervision, or monitoring;

(B) the person has been found by a court, board, commission, or other lawful authority to no longer suffer from the mental health condition that was the basis of the adjudication, determination, or commitment, respectively, or has otherwise been found to be rehabilitated through any procedure available under law; or

(C) the adjudication, determination, or commitment, respectively, is based solely on a medical finding of disability, without a finding that the person is a danger to himself or to others or that the person lacks the mental capacity to manage his own affairs, except that nothing in this section or any other provision of law shall prevent a department or agency from providing to the Attorney General any record demonstrating that a person was adjudicated or determined to be not guilty by reason of insanity, or based on lack of mental responsibility, or found incompetent to stand trial, in any criminal case or under the Uniform Code of Military Justice.

[SunkenCiv]

Late yesterday, anti-gun Senator Ted Kennedy (D-MA), failed to delay progress of this pro-gun measure.

Thanks neverdem. In related news, BBC: Democrats frustrated in Congress -( President Bush and the Republicans stymie Iraq retreat). ;')

[Joe Brower]

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[green iguana]

I wonder if the GOS, SAS, et al are still against this bill after the improvement were made in the Senate. This is the one they were calling the “Veterans Disarmament Bill” or some such nonsense. I forget who to ping to find out... maybe Basil. Sorry if it’s not you, Basil.

My favorite change is the last line in what you posted neverdem, and it bears repeating:

“Elimination of all references to Bureau of Alcohol, Tobacco, Firearms and Explosives regulations defining adjudications, commitments, or determinations related to Americans’ mental health. Instead, the bill uses terms previously adopted by the Congress.”

[Pistolshot]

I work in a gun shop on weekends. While I support the improvements in NICS, I am glad to see the 'relief' aspects addressed in this bill.

It is still quite possible to adjudicate anyone as mentally defective for taking 'asprin'

We must watch this closely for abuse, and if the Dims get the White House, most assuredly there will be abuse.

[NonValueAdded]

I wonder if the GOS, SAS, et al are still against this bill after the improvement were made in the Senate.

I daresay those last minute improvements were a result of the pressure brought to bear by GOS, SAS, et al. No thanks to the NRA.

[absolootezer0]

Requires removal of expired, incorrect or otherwise irrelevant records. Today, totally innocent people (e.g., individuals with arrest records, who were never convicted of the crime charged) are sometimes subject to delayed or denied firearm purchases because of incomplete records in the system.

good. 'bout stinking time. i've had this problem for the last 8 years. (inaccurate record giving me a delay that never goes "approved")

[green iguana]

I need to proofread my posts. GOS = GOA...

[NonValueAdded]

Well, them too :) The NRA seems all to willing to compromise and squelch any dissent. The fact that questioning voices were raised in opposition as opposed to silent blind faith in the NRA leadership seems to have led to some critical changes. And that dynamic is uniquely American, going back to Lexington & Concord and before.

[basil]

Second Amendment Sisters is very opposed to this whole thing--and apparently the gutless Senate knew gun owners everywhere were not in favor of this. That's why they sneaked it in like they did--and didn't even record the way they voted.

While we understand that there are some mentally ill/deranged persons out there that can cause havoc with a gun, this new law will impact the freedom of many Americans. I think we're far better off erring on the side of liberty.

It's not like we have a mass killing every day of the week by some severely mentally ill guy--and it seems to me that the answer to this whole question is for more normal citizens to be armed, ready, and capable of taking down a deranged person with a gun.

I think we learned a lot in Colorado the other day, and the rest of us should be armed and ready for the next time there's a nut case loose with a gun.

All "gun free" zones should become safety zones--where people can be armed if they so desire, and be the front line of protection against the occasional mental case that wants to cause a lot of damage.

Because of all the publicity that a mass shooting garners, it's very easy to fall into thinking that this is a HUGE problem. It's awful when it happens, but in a population as large as we have, it's not really that great a problem. And of course, folks bent on committing mayhem against the innocent will always find a way to do so---even if there was not one gun on the planet.