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Gun Control: Options For Improving the National Instant Criminal Background Check System

GGD-00-56 Published: Apr 12, 2000. Publicly Released: May 12, 2000.
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Highlights

Pursuant to a congressional request, GAO reviewed the Brady Act's phase I (interim Brady) and phase II (permanent Brady) provisions in preventing the sale of firearms to prohibited individuals, focusing on: (1) how the permanent Brady compares with the interim Brady; (2) under permanent Brady, the advantages and disadvantages of the National Instant Criminal Background Check System's (NICS) background checks conducted by a designated state agency versus by the Federal Bureau of Investigation (FBI); (3) under permanent Brady, the extent to which default proceeds resulted in firearms being sold to prohibited individuals; and (4) the options policymakers have in preventing or minimizing such transfers.

Recommendations

Matter for Congressional Consideration

Matter Status Comments
Congress may wish to consider one or more options for reducing or minimizing the number of default proceed transactions involving the transfer of firearms to prohibited persons. One option is to continue providing federal grants to states for improving the quality and completeness of automated criminal history records. Another possible option is to encourage increased state participation in NICS by providing some form of federal financial assistance. Also, the 3 business-day default proceed requirement of the Brady Act could be amended to treat differently those potential purchasers who had been arrested for disqualifying offenses and arrest disposition information was not readily available.
Closed – Implemented
Since the report was issued, Congress has continued to provide federal grants to improve state criminal history records through the National Criminal History Improvement Program. Over $160 million in state grants were awarded during fiscal years 2000-2003, and over 75 percent was used for NICS-related purposes--such as converting manual criminal history records to automated formats and improving disposition reporting. While various other gun control issues--including background checks at gun shows, retention of firearms background check records, and access to immigration and mental health records--have been debated since the report was issued, as of July 2004, no congressional action has been taken to address the other aspects of this recommendation.

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Topics

Crimesstate relationsFirearmsGun control lawIdentity verificationLaw enforcement agenciesLaw enforcement information systemsNational instant criminal background check systemState lawDomestic violence