Explore The NRA Universe Of Websites

APPEARS IN News

Biden DOJ Angers Gun Control Allies by Truthfully Admitting NICS Can’t Stop Violent Criminals

Monday, January 9, 2023

Biden DOJ Angers Gun Control Allies by Truthfully Admitting NICS Can’t Stop Violent Criminals

The Biden White House has for the most part worked hand-in-glove with gun control advocacy groups toward their shared goals of civilian disarmament. But a lawsuit against the government by survivors of the Sutherland Springs attack in 2017 is putting a strain on this harmonious relationship and causing embarrassment to all concerned. That’s because defending the suit has forced the government to admit inconvenient truths about the limitations of gun control. Now Biden & Company face a tough choice: Pony up more than $230 million or appeal the current judgment against the government and incur the wrath of its usual allies by truthfully admitting the top priority of gun controllers doesn’t really stop violent criminals.

The crimes in question were committed by a former member of the Air Force who was convicted under a general court martial of domestic violence charges in November 2012, some five years before the incident at Sutherland Springs. That disposition, however, was never reported by the Air Force to the National Instant Criminal Background Check System (NICS), which must be queried when a person purchases a firearm through a federally licensed dealer (FFL). The Sutherland Springs perpetrator acquired the firearms he used in those crimes from FFLs in multiple purchases between 2012 and 2017, the last of which occurred the month before the crimes themselves.

The plaintiffs in the civil suit claimed the court martial made the perpetrator federally prohibited from acquiring or possessing firearms and should have been reported by the Air Force to NICS, thereby blocking any subsequent attempt by the perpetrator to acquire firearms from an FFL. The government’s failure to do so, they insisted, violated a legal duty of care and resulted in the deaths of their family members and loved ones.

Nevertheless, the government argued that “[the perpetrator] was aware of many avenues for obtaining firearms without going through a background check,” and he was determined to commit his premeditated crime. Thus, the government insisted, the background check system’s failure to stop the sales could not be considered a legal cause of harm because, under the circumstances, the perpetrator would still have found a way to get a gun and go through with his plans, even if the FFL sales had been denied.

The government also asserted that it would not have been foreseeable from the evidence of the perpetrator’s domestic violence that he was a risk for the mass shooting he actually committed. Thus, so the argument went, the government could not be held responsible for that outcome when it failed to act on that information.

The trial judge hearing the case agreed with the plaintiffs, finding the government defendants in the case “60 percent responsible” for the deaths and injuries mentioned in the lawsuit and issued a judgment against the government for more than $230 million. This ruling, significantly, found the government’s own wrongful conduct contributed more to causing the victims’ harms than the actions of the perpetrator himself!

The government noted its intention to appeal the decision, and as a recent NBC News article reported, it faced a filing deadline of Jan. 9. What the government would argue on appeal was unknown prior to that filing, but gun control advocates were angry over the possibility that it could continue to press its argument that “the background check system … does not work, which critics say is a common talking point of the gun lobby.” More specifically, the article stated, Biden’s Department of Justice (DOJ) “argued in court that if the U.S. Air Force had followed the law and the shooter was not allowed to purchase a firearm, he could have found a gun another way and committed the same act.”

Most of the gun control advocates quoted by NBC faulted DOJ, not so much for the accuracy of its arguments, but for the damage its admissions could do to their cause. An attorney for the victims stated, “The gun lobby can’t wait until they file this appeal because then they’ll say, ‘Look, even the Biden (Department of Justice) says they don’t have to follow background check laws because they don’t really work.’”

Indeed, the irony of the situation has not escaped us.

Imposing “universal background checks” remains one of the top priorities of the firearm prohibition movement. And it is absolutely true the NRA has often pointed out that this won’t likely improve public safety to any significant degree, while it would materially burden the exercise of Second Amendment rights by law-abiding people. Universal background checks, as we have further explained, are instead a prerequisite to the real objectives of the gun control lobby, which are universal registration leading to eventual firearm confiscation.

Furthermore, the NRA has pointed out – as the government did at trial – that determined criminals have multiple alternative avenues for obtaining firearms, including by straw purchases, theft, black market sales, and obtaining them from family, friends, or criminal associates. Indeed, the DOJ’s own surveys of incarcerated criminals who possessed firearms at the times of their offenses showed that only a small percentage of them obtained those guns directly from FFLs. Rather, they overwhelmingly resorted to the alternatives already mentioned to intentionally circumvent the background check system.

And we have also pointed out – again, as the government conceded before the lower court – that even the government doesn’t necessarily believe a person is dangerous, simply because he or she failed a firearm background check. This is underscored by the fact that few such people are actually prosecuted under federal law for the relevant offense of lying about their eligibility on the background check form. It was also highlighted by the evidence before the trial court that the Air Force allowed some 30% of the disqualifying information in its possession to go unreported to NICS. That would not seem to indicate a firm belief that such reporting was a life-or-death matter.

As of press time, the government’s arguments in the appeal remained unknown. But it’s significant they had already argued in the case that even background check denials would not likely have stopped the perpetrator, nor could the Air Force had known from his commission of domestic violence that he had the potential to carry out a different type of attack.  Both those admissions essentially negate any further claims by the Biden Administration that firearm background checks have any essential role to play in public safety.

It’s also significant that gun control advocates prefer to suppress inconvenient truths, rather than deal with them on their merits. This was the case, of course, with the recent scandal involving the Centers for Disease Control’s suppression of research results substantiating the uses of firearms for self-defense, a move that was prompted by requests from gun control advocates.

Whether the government will buckle to similar pressure in this case remains to be seen. But, for firearm prohibitionists, the truth hurts. And it hurts all the more when it’s acknowledged by an administration they normally count on to parrot their misleading talking points, or bow to their demands, without hesitation.

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.

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.

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 ...

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 ...

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. ...

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 ...

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.

NRA Files Amicus Brief Urging Second Circuit to Strike Down Vermont’s Waiting Period Law

Friday, November 14, 2025

NRA Files Amicus Brief Urging Second Circuit to Strike Down Vermont’s Waiting Period Law

Yesterday, the National Rifle Association joined the Second Amendment Foundation, California Rifle & Pistol Association, Second Amendment Law Center, and Minnesota Gun Owners Caucus in filing an amicus brief urging the Second Circuit to hold ...

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 ...

California: Governor Newsom Signs Gun Control Bills Into Law

Monday, October 13, 2025

California: Governor Newsom Signs Gun Control Bills Into Law

For someone who has claimed to be"...deeply mindful and respectful of the Second Amendment and people’s Constitutional rights,” Governor Gavin Newsom has once again proven that actions speak louder than words.

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.