Explore The NRA Universe Of Websites

APPEARS IN News

Senate Passes NICS Improvement Act, House Concurs

Tuesday, January 8, 2008

Senate Passes NICS Improvement Act, House Concurs

(Note: On Jan. 8, 2008, President Bush signed H.R. 2640 into law.)

After months of careful negotiation, pro-gun legislation was passed through Congress on Wednesday, December 19, 2007. 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 just uses the same terms as in the Gun Control Act , thereby leaving interpretation of the terms to the courts rather than to BATFE.

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.

(Note: On Jan. 8, 2008, President Bush signed H.R. 2640 into law.)

Also see:

TRENDING NOW
JP Morgan, in Growing Trend, Backtracks on Anti-Gun Policies

News  

Monday, February 9, 2026

JP Morgan, in Growing Trend, Backtracks on Anti-Gun Policies

Beginning with the Obama-Biden administration, financial institutions developed a troubled relationship with the firearms industry.

New Mexico: Sweeping Gun Control Bill Passes Senate

Sunday, February 8, 2026

New Mexico: Sweeping Gun Control Bill Passes Senate

Last night, the New Mexico Senate passed an omnibus gun control package by a vote of 21 to 17 that would severely undermine the Second Amendment rights of law-abiding New Mexicans and threaten the viability ...

Virginia: Gun Control on Senate Floor Today

Monday, February 9, 2026

Virginia: Gun Control on Senate Floor Today

Today, February 9th, the Senate will vote on several gun control bills, including the semi-auto and magazine ban and the industry liability bill.

Virginia Gun Owners Face Magazine Confiscation!

Monday, February 2, 2026

Virginia Gun Owners Face Magazine Confiscation!

Astute Virginia gun owners anticipated terrible gun control legislation from the 2026 General Assembly. Still, some may be shocked to learn that anti-rights zealots in the Virginia Senate have advanced a bill to CONFISCATE standard capacity firearm ...

Connecticut: Draconian Pistol Ban Introduced in Hartford

Friday, February 6, 2026

Connecticut: Draconian Pistol Ban Introduced in Hartford

As a new legislative session begins in Connecticut, it certainly feels like Groundhog Day again as Gov. Ned Lamont unveiled his latest swipe at law-abiding gun owners.  The state’s Chief Executive came out of the ...

New Mexico: Senate Committee to Passes Sweeping Gun Control Bill

Thursday, February 5, 2026

New Mexico: Senate Committee to Passes Sweeping Gun Control Bill

Last night, the New Mexico Senate Judiciary Committee passed an omnibus gun control package that would severely undermine the Second Amendment rights of law-abiding New Mexicans and threaten the viability of local firearm retailers. We ...

AI Bias on Guns, Crime: Artificial? Yes. Intelligent? No.

News  

Monday, February 9, 2026

AI Bias on Guns, Crime: Artificial? Yes. Intelligent? No.

It’s bad enough that anti-gun activists and politicians, aided by the mainstream media, are busy pushing out lies and fantasies about guns and gun control, but now inanimate chatbots and artificial intelligence (AI) tools are ...

Virginia: House Continues Gun Control Push Giving Public Minimal Notice Before Vote

Thursday, February 5, 2026

Virginia: House Continues Gun Control Push Giving Public Minimal Notice Before Vote

Today, the Virginia House of Delegates added half a dozen gun control bills to the floor agenda for votes and promptly passed the bills giving little notice to the public.

Virginia: Senate Passes Excise Tax as Semi-Auto Ban Advances

Friday, February 6, 2026

Virginia: Senate Passes Excise Tax as Semi-Auto Ban Advances

On Friday, February 6th, the Senate passed Senate Bill 763, which imposes an 11% excise tax on the sale of all firearms and ammunition "by a dealer in firearms, firearms manufacturer, or ammunition vendor," and designates all ...

North Carolina: Permitless Carry Veto Override Vote Postponed

Tuesday, January 13, 2026

North Carolina: Permitless Carry Veto Override Vote Postponed

Today, the North Carolina House of Representatives rescheduled this morning’s veto override on Senate Bill 50, Freedom to Carry NC, to February 9, 2026.

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.