Explore The NRA Universe Of Websites

APPEARS IN News

James Jay Baker Letter On Background Checks

Tuesday, May 22, 2001

The March 29, 2001, USA TODAY article highlighting the shortcomings in our nation`s system for doing instant background checks on gun buyers labors in vain to identify the real causes of these problems. Let me clarify that these are not just problems of the National Instant Check System (NICS), but were true of the original Brady waiting period as well.

The root of the problem goes back to 1993 when Congress passed the Brady Act, calling on the FBI to create NICS. This 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 dealers. Congress spent over $300 million and gave the Department of Justice five years to upgrade state criminal record histories so that the promise of "instant check" would live up to its name.

Over those five years, numerous members of Congress wrote to then-Attorney General Janet Reno and asked for a status report on NICS. Every single one of those inquiries went unanswered.

What happened?

In March 2000, the General Accounting Office (GAO)--the investigative arm of Congress--released details of their investigation into the FBI`s implementation and operation of the NICS. This audit indicated that several significant failures of the Justice Department and the Clinton Administration prevented the system from performing as Congress intended.

Some of the more glaring failures highlighted by the GAO audit are at the most rudimentary level of database development and management. For instance, the GAO found no back-up system in place. Additionally, instead of building a dedicated database containing the necessary information to do the job, the FBI strung together existing databases (with volumes of irrelevant data) creating a system that is balky and inaccurate. The end result is a system that had yet to meet its own standards for system security when it was audited 15 months into its existence.

Perhaps the most perplexing question was why the Department of Justice apparently failed to use the allocated resources to buy the necessary computer hardware and software to develop and advance an "instant check" database. Sources inside the Clinton-Reno Department of Justice have told us that money was largely wasted instead on items like fingerprinting equipment. In truth, no one can really say how the money was spent as the Clinton-Reno Department of justice never performed a systemic audit.

Again, what happened?

The answer is politics, Clinton style.

President Clinton was determined not to allow NICS to succeed. The Department of Justice, Attorney General Reno and the Clinton administration dragged their feet to fuel the political fire in support of a waiting period. Success of NICS would have granted a victory to one of the former President`s bitter enemies, the National Rifle Association.

Here we stand, 8 years later and with over $300 million in taxpayer money spent. Unfortunately, all we have to show for it is a woefully inadequate system. But, times have changed. We have a new administration, a new Justice Department and new members of Congress. It is my sincere hope that together we can finally develop an efficient "instant check" system that will deliver its promise to the people--a promise supported by the NRA in congressional testimony for nearly 15 years.

Sincerely,

James Jay Baker
Executive Director
Institute for Legislative Action, National Rifle Association

IN THIS ARTICLE
Background Checks/NICS
TRENDING NOW
HOA Firearm Clash Augurs a Broader Legal Debate

News  

Monday, June 1, 2026

HOA Firearm Clash Augurs a Broader Legal Debate

The fight to defend Second Amendment rights is not confined to Washington, D.C., or even to the halls of state capitals.

Virginia’s Semiauto Ban Hits Snag With County Enforcement Officials

News  

Monday, June 1, 2026

Virginia’s Semiauto Ban Hits Snag With County Enforcement Officials

While Virginia’s bans on “assault firearms” and magazines capable of holding more than 15 rounds was signed into law on May 14, and is scheduled to go into effect on July 1, it remains to be seen ...

Yet Another Tragic Example of the False Promise of Red Flag Laws

News  

Thursday, May 28, 2026

Yet Another Tragic Example of the False Promise of Red Flag Laws

We’ve consistently highlighted the defects of “red flag” laws, the chief of which is the underlying philosophy that compelling removal of a person’s own firearms is a sufficient resolution of any risk or threat of harm.

New York:  Gov. Kathy Hochul Signs Gun Ban in State Budget Process

Wednesday, May 27, 2026

New York: Gov. Kathy Hochul Signs Gun Ban in State Budget Process

On Wednesday, May 27, Gov. Kathy Hochul signed S.9005C, which “enacts into law major components” of the state’s public protection and general government budget.

NRA Files Lawsuit Challenging Post Office Carry Ban

Tuesday, May 26, 2026

NRA Files Lawsuit Challenging Post Office Carry Ban

The National Rifle Association, Gun Owners of America, Gun Owners Foundation, and three NRA members today filed a lawsuit challenging the federal prohibition on carrying firearms at United States Post Offices.

Department of Interior Announces Major Expansion for Hunters and Anglers

News  

Tuesday, May 26, 2026

Department of Interior Announces Major Expansion for Hunters and Anglers

This week, the Department of the Interior (DOI) announced it will be issuing a proposed rule that would result in the largest expansion of hunting and sport fishing opportunities in agency history.

NRA Files Lawsuit Challenging Maryland’s Glock Ban

Wednesday, May 27, 2026

NRA Files Lawsuit Challenging Maryland’s Glock Ban

The National Rifle Association, Firearms Policy Coalition, and Second Amendment Foundation filed a lawsuit yesterday challenging Maryland’s ban on Glock and Glock-style handguns.

Oregon: Initiative Petition 28 Threat to Hunting, Fishing, and Outdoor Heritage One Step Closer to Reality

Friday, May 29, 2026

Oregon: Initiative Petition 28 Threat to Hunting, Fishing, and Outdoor Heritage One Step Closer to Reality

The criminalization of hunting and fishing is one step closer to a reality in Oregon. 

Virginia: Despite Injunction, Virginia State Police to Conduct Background Checks for Private Sales

Thursday, May 28, 2026

Virginia: Despite Injunction, Virginia State Police to Conduct Background Checks for Private Sales

On May 27th, Virginia-based gun rights group the Virginia Citizens Defense League (VCDL) was informed by the Virginia Attorney General’s office that the Virginia State Police (VSP) would resume conducting background checks on private firearm ...

California: Multiple Anti-Gun Bills on the Move

Wednesday, May 27, 2026

California: Multiple Anti-Gun Bills on the Move

California lawmakers continue pushing sweeping anti-gun legislation targeting law-abiding gun owners, new residents, and even emerging technologies.

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.