Explore The NRA Universe Of Websites

APPEARS IN News

GAO Finds Faults With FBI`s NICS Operation

Thursday, March 9, 2000

Results of a recently released General Accounting Office (GAO) investigation into the FBI`s implementation and operation of the National Instant Check System (NICS)--the national database containing records of persons who are disqualified from receiving firearms--indicate that several significant failures of the Clinton-Gore Administration have prevented the system from performing as Congress intended.

GAO performed the study at the request of U.S. Sen. Craig Thomas (R-Wyo.). In a March 8, 2000, press release, Sen. Thomas said: "The report paints a sobering picture of a failure by federal agencies to enforce existing gun laws as Congress intended. The result is that the Second Amendment rights of law-abiding citizens are being infringed upon while too often criminals seep through without consequence."

In 1993 Congress passed the Brady Handgun Violence Prevention Act that called for the FBI to create the National Instant Check System. The system was to be designed to screen criminal history records instantly--without any waiting period--on all customers attempting to make firearms purchases from federally licensed firearms dealers. Since 1995, Congress has allocated more than 300 million of taxpayer dollars to upgrade those records in order that the "instant check" system live up to its name.

The FBI`s "Instant Check" Often Isn`t "Instant" for Honest Citizens

The GAO report (www.gao.gov/new.items/g100064.pdf) shows that the system failed to provide "instant" checks 28% of the time, adversely affecting the rights of nearly 1.2 million law-abiding citizens. Nearly one-quarter of the citizens who appealed had their denials reversed. Those wrongful denials, GAO reports, were caused by FBI examiner error in 42% of the cases.

Congress has exhaustively debated waiting periods and has made clear its will. When it established the permanent instant check provision in the Brady Act, it made no provision for a "delayed" response. The "delayed" response concept was invented only later in Department of Justice-created regulations--regulations that fail to acknowledge the statutory mandate that the Attorney General establish an "instant" check with information "to be supplied immediately."

Lack of Prosecutions of Criminals Who Slip Through The System

During first 13 months of NICS operation, the FBI notified the Bureau of Alcohol, Tobacco and Firearms (BATF) that 3,353 prohibited persons had received guns. GAO`s audit shows, however, that BATF is investigating only 3% of those cases of illegal firearms possession. As of the end of last September, 31,292 NICS denials had been referred to BATF field offices, but BATF officials told GAO that almost half of those cases were closed without prosecution or even investigation.

In preparing their report, GAO investigators visited U.S. Attorneys Offices in four cities--Atlanta, Dallas, Denver and Seattle--during the Fall of 1999 to examine prosecutions of Brady Act-related cases. In Atlanta, they found the U.S. Attorney had received three cases and "declined them because of lack of jury appeal." In Denver, two cases had been received and declined. The U.S. Attorney in Seattle had received not one Brady case for prosecution." In Dallas, 14 Brady cases were received by the U.S. Attorney, who accepted 13 for prosecution. The Clinton-Gore Administration continues to hold up the Brady Act as an effective crime-fighting tool, but it can`t explain why the felons, drug dealers, stalkers and fugitives who committed multiple felonies in attempting to buy guns from federally licensed dealers simply are not being sent to prison.

Failure to Provide Routine Security Standards

"Although NICS has been operational for 15 months, it has yet to be authorized as secure in accordance with Justice`s own requirements, and attempts to do so have been delayed," GAO says. According to Justice Department officials, "the completion of security testing was overshadowed by more urgent issues directly impacting the system`s ability to function; therefore, security testing was delayed."

Security testing still hasn`t been conducted. GAO investigators note: "In light of the system vulnerabilities that were identified before the system went operational and the delays experienced to date in authorizing the system, the FBI continues to lack an adequate basis for knowing whether NICS assets (hardware, software, and data) are sufficiently secure and are not vulnerable to corruption and unauthorized access."

GAO`s investigators conclude that: "Further delays in authorizing NICS will expose the system and the data it processes about individuals to unnecessary risk. Therefore, it is extremely important that the FBI fulfill its commitment to authorize NICS by March 31, 2000."

Privacy Act Exemptions

This lack of security is doubly troubling since the Department of Justice has exempted the FBI`s NICS operation from certain provisions of the Privacy Act of 1974. The Privacy Act sets rules that federal agencies must follow regarding records containing personally identifiable information. When asked for "estimated costs of adhering to the Privacy Act," Bureau officials refused to provide an estimate, saying only that such costs--costs to ensure citizens` privacy--"would be considerable."

Failure to Meet FBI`s Own Accountability Standards

The FBI has specified a system availability--defined as the time that the system is operating satisfactorily--requirement of 98%, but during its first year of operation, NICS failed to meet that standard in eight out of 12 months.

System "Crashes" Cost Small Businessmen Millions

Through September 1999, the FBI identified more than 360 unscheduled outages associated with NICS. During its first year of operation, more than 215 hours of downtime occurred. No estimate was provided on how many millions of dollars small firearms retailers may have suffered in lost sales due to NICS "crashes."

IN THIS ARTICLE
Background Checks/NICS
TRENDING NOW
Ruger Next Target in Threat-Based Gun Control

News  

Monday, November 17, 2025

Ruger Next Target in Threat-Based Gun Control

The inch was seemingly given, so it is not surprising to see pursuit of the mile.

Giffords Targets Veterans’ Constitutional Rights on Veterans Day

News  

Monday, November 17, 2025

Giffords Targets Veterans’ Constitutional Rights on Veterans Day

While decent Americans spent Veterans Day honoring the sacrifice of those who served the country and took an oath to “support and defend the Constitution of the United States,” the gun control radicals at Giffords ...

Pennsylvania: Firearm Registration Bill Passes Committee and is Headed to the House Floor!

Thursday, November 13, 2025

Pennsylvania: Firearm Registration Bill Passes Committee and is Headed to the House Floor!

On Wednesday, November 12th, the House Judiciary Committee passed HB 1891 on a 14 to 12 party-line vote. The bill now advances to the House floor where it will soon be eligible for a vote. ...

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

News  

Monday, November 17, 2025

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

Thanksgiving in America isn’t just about food, family and football. According to a survey published by casino.ca (with its Great Thanksgiving Family Feud Map), the holiday typically “comes with a slice of family chaos and a touch of ...

Argentina Continues to Move Towards Freedom

News  

Monday, November 17, 2025

Argentina Continues to Move Towards Freedom

Here in America, we are blessed with the Second Amendment.  Anti-gun extremists have long tried to eliminate it with the proverbial death by a thousand cuts, chipping away at it with countless laws designed to impose ...

The Latest Lurch in Canada’s Gun Grab: Test Run Nets “Less than 30” Guns

Tuesday, November 11, 2025

The Latest Lurch in Canada’s Gun Grab: Test Run Nets “Less than 30” Guns

In a tacit acknowledgement of just how unworkable its gun ban and confiscation program is, Canada’s Liberal government quietly extended the gun amnesty for an additional year, just before it was due to expire on October 30 ...

NRA Files Legal Challenge to New Jersey’s “One-Gun-A-Month” Law

Friday, November 14, 2025

NRA Files Legal Challenge to New Jersey’s “One-Gun-A-Month” Law

Yesterday, the National Rifle Association joined the Firearms Policy Coalition and two NRA members in filing a legal challenge to New Jersey’s “one-gun-a-month” law.

Firearm Access During Shutdown Act introduced in Congress

Monday, November 10, 2025

Firearm Access During Shutdown Act introduced in Congress

On October 30th, 2025, Senator Jim Risch [R-ID] introduced the Firearm Access During Shutdown Act (S.3085), with Congressman Ben Cline [R-VA-6] introducing the companion legislation in the U.S. House (H.R. 5874).

North Carolina: Update on Permitless Carry

Monday, November 17, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

President Trump Signs Appropriations Package that Includes Protections for Veterans’ Second Amendment Rights into Law

News  

Wednesday, November 12, 2025

President Trump Signs Appropriations Package that Includes Protections for Veterans’ Second Amendment Rights into Law

Today, President Donald Trump signed into law a legislative proposal to reopen the federal government. Included in the legislation is a provision that prohibits the Department of Veterans Affairs (VA) from stripping the constitutional right ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.