The National Instant Criminal Background Check
Just what is it and how does it work? Does it work at all?
In my view, the way it’s written, it works just fine. It’s not perfect or the best that can be achieved, but for what it is, it works. The big problem I see is the lack of use and confidence in the system.
If a criminal (or most commonly referred to as the ‘bad guy’) tries to buy a gun through the conventional method of going through a licensed retailer, he will be identified as a bad guy and won’t be able to purchase the gun legally. So he goes about it illegally and still gets the gun.
It also works in the case of the mentally challenged individual, providing this individual has been vetted and registered as ‘mentally challenged’. However, there have been a lot of people registered this way mistakenly. It seems as though anyone who has ever been seen my a mental practitioner can be on this list whether or not he/she has been deemed mentally challenged. Therein lies a huge problem.
There has been a number of ‘mass shooters’ with no background of mental deficiency listed anywhere in the public records. or even in private records as far as the NICS (National Instant Criminal Background System) has known. They can ‘slip through the cracks, so to speak, simply because they are not ‘documented’ as mentally unsound. If a mental practitioner doesn’t put this person on a list denoting a lack of proper mental awareness, the NICS has no way of knowing about it. Therefore, neither does the legally licensed gun retailer.
It is my humble opinion that any mass shooter is mentally unsound just by virtue of them being a mass shooter. If they had any real sense about them, they would not be going around wanting to shoot people. it is also my humble opinion that a ‘criminal’ is a criminal because he/she is mentally “deficient, challenged, unsound”, or any other words you may choose to describe them.
According to Wikipedia;
“Today, new expressions like developmentally disabled,special, or challenged are replacing the term mentally retarded. The term developmental delay is popular among caretakers and parents of individuals with intellectual disability because delay suggests that a person is slowly reaching his or her full potential rather than being disabled”.
“Usage has changed over the years and differed from country to country. For example, mental retardation in some contexts covers the whole field but previously applied to what is now the mild MR group. Feeble-minded used to mean mild MR in the UK, and once applied in the US to the whole field. “Borderline intellectual functioning” is not currently defined, but the term may be used to apply to people with IQs in the 70s. People with IQs of 70 to 85 used to be eligible for special consideration in the US public education system on grounds of intellectual disability”.
What is a Criminal History Check?
There are a large number of companies doing criminal history checks all over the
country world (I would guess). A few of them advertise free background checks, but most of them will charge a fee for anyone to purchase a criminal history on just about anyone. Background checks have become quite common and routine in much of the world of business. They are also required by many rental agencies.
A criminal history search can be performed anywhere in the USA. However, some states do not offer a statewide criminal background check, and instead only make them available at the county level. Each state in the United States of America is comprised of counties, cities, towns, parishes and communities. Criminal records are determined usually at the county level, as that is where the US court system typically begins.
What Does The FBI Say About This?
“The mission of the NICS Section is to enhance national security and public safety by providing the timely and accurate determination of a person’s eligibility to possess firearms and/or explosives in accordance with federal law”.
“The FBI Criminal Justice Information Services Division’s National Instant Criminal Background Check System (NICS) Section has processed firearm background checks since November 30, 1998. Since that time, the experience gained enhances national security and public safety by identifying, developing, and implementing improvements in support of the NICS Section’s mission”.
Welcome to the NICS Section
“As a result of the passage of the Gun Control Act of 1968, certain individuals, such as convicted felons, were prohibited from possessing firearms. To strengthen federal firearms regulations, the Brady Handgun Violence Prevention Act of 1993 (Brady Act) required the U.S. Attorney General to establish the National Instant Criminal Background Check System (NICS) for Federal Firearms Licensees (FFL) to contact by telephone, or other electronic means, for information to be supplied immediately as to whether the transfer of a firearm would violate Section 922 (g) or (n) of Title 18, United States Code (U.S.C.), or state law”.
“The FBI developed the NICS through a cooperative effort with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); the Department of Justice; and local and state law enforcement agencies. On November 30, 1998, the NICS, designed to immediately respond to background check inquiries for prospective firearm transferees, was activated. For an FFL to initiate an NICS check, the prospective firearms transferee must complete and sign an ATF Form 4473, Firearms Transaction Record. The ATF Form 4473, which collects the subject’s name and descriptive data (e.g., date of birth, sex, race, state of residence, country of citizenship), also elicits information that may immediately indicate to an FFL the subject is a prohibited person, thereby negating the need to continue the processing of the background check. When an FFL initiates an NICS background check, a name and descriptor search is conducted to identify any matching records in three nationally held databases managed by the FBI Criminal Justice Information Services (CJIS) Division”.
So How Does The National Instant Criminal Background Check Work?
I think it works the way it was intended. The criminals are not allowed, by law, to purchase firearms legally. And they are prevented from doing just that. So, as I said before, they get them illegally. This is where things get a bit ‘sticky’.
The anti-gun crowd says we need more effective laws, like ‘Federal Background Checks’. We ALREADY HAVE THEM, folks!! And they work! Law Enforcement is where the problem comes from. It’s not the police being deficient, it’s the Justice System. The courts and the Obama
administration are being very lacking in the true design and purpose of the Justice System. They are supposed to lock up the criminals and not permit them to infiltrate the honest law-abiding society again unless they are TRULY rehabilitated.
Responsible law-abiding citizens are not the problem, but they are the ones receiving the short end of the stick when the ignorant anti-gunners try to pass more unnecessary laws. These additional “stupid” laws just penalize the good folks and do absolutely nothing to prevent the bad guys’ criminal behavior.
HIPAA Privacy Rule and the National Instant Criminal Background Check System (NICS)
“On January 4, 2016, the Department of Health and Human Services (HHS) moved forward on the Administration’s commitment to modify the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule to expressly permit certain covered entities to disclose to the National Instant Criminal Background Check System (NICS) the identities of those individuals who, for mental health reasons, already are prohibited by Federal law from having a firearm.
This modification better enables the reporting of the identities of prohibited individuals to the background check system and is an important step toward improving the public’s safety while continuing to strongly protect individuals’ privacy interests.
The final rule gives States improved flexibility to ensure accurate but limited information is reported to the NICS. This rulemaking makes clear that, under the Privacy Rule, certain covered entities are permitted to disclose limited information to the NICS. The information that can be disclosed is the minimum necessary identifying information about individuals who have been involuntarily committed to a mental institution or otherwise have been determined by a lawful authority to be a danger to themselves or others or to lack the mental capacity to manage their own affairs.
It is important to note that the vast majority of Americans with mental health conditions are not violent and that those with mental illness are in fact more likely to be victims than perpetrators. An individual who seeks help for mental health problems or receives mental health treatment is not automatically legally prohibited from having a firearm; nothing in this final rule changes that. HHS continues to support efforts by the Administration to dispel negative attitudes and misconceptions relating to mental illness and to encourage individuals to seek voluntary mental health treatment. Learn more about mental health resources and recovery athttp://www.mentalhealth.gov.”
What’s It Really All About?
I’m not sure the majority of the citizenry have any clue of what’s really going on with all this. It kind of looks like the government and the so-called elite (anti-gun activists) just want us completely disarmed. That’s just not gonna happen, folks!! The Constitution and Bill Of Rights have provided for this and the responsible citizens will not stand for it. Responsibly armed citizens make up an extremely large part of this country’s population. We (and, yes, I am one of them) will not give up our arms for the bureaucratic nonsense coming from government executive orders.
This disagreement has been going on for many years, decades even, and I realistically don’t see an end to it in the near future. When you look at the statistics, President Obama has been the nation’s best gun salesman we have ever had. Since the anti-gun movement increase during his terms in office, the gun owner population has risen dramatically. Gun sales have hit all-time highs for the last several years.
What Do You Think?
I would really, (I know, as a writer, I shouldn’t use this word, but it just fits so well) really like to know what you think about this subject. This is a controversial topic of discussion, I know, and we all have our opinions. I’d like to know your opinion. Please leave your comments below. It could be important to a lot of us in the future.