well worth keepin a copy here on TFL
Dems Oppose Change in Gun Records
NewsMax.com Wires
Saturday, June 30, 2001
WASHINGTON - Sen. Charles Schumer, D-N.Y., introduced legislation Friday to
amend Attorney General John Ashcroft's plan to reduce the time federal officials retain
instant criminal background check records on gun buyers to one day, from 180 days.
Schumer's bill would require federal officials to hold the records for 90 days.
Schumer and anti-gun activists claim the quick erasure of the records will make it
difficult to crack down on illegal gun trafficking.
"Gun dealers and criminals are the only Americans who will benefit from Attorney
General Ashcroft's decision to destroy essential records," Schumer said. Rep.
Carolyn McCarthy, D-N.Y., introduced a companion bill in the House.
Privacy Issue
Ashcroft said the change would help protect legitimate gun buyers' privacy.
But advocates of gun control said the quick erasing of the records would make it
difficult or impossible to audit gun dealers and track illegal gun trafficking masked as
legitimate sales.
Schumer, a member of the Senate Judiciary Committee, had expressed doubt over
Ashcroft's ability to divorce his views against gun control during Ashcroft's
confirmation hearings. "Sen. Ashcroft has been a leading advocate against gun
control," Schumer, a leading advocate for gun control, said at the opening of the
hearings in January. "He has vociferously opposed even child safety locks and the
assault weapons ban. When the U.S. attorney in New York or Wisconsin calls him
and pleads for more resources to prosecute gun runners, will this be a priority?"
Ashcroft's proposal comes four days after the U.S. Supreme Court rejected the
National Rifle Association's assertion that the FBI practice of keeping records on gun
owners was illegal under the Brady Act. The instant check replaced a five-day waiting
period.
Ashcroft also directed the FBI to review the National Instant Criminal Background
Check System to ensure the 62 million records in the system reflect accurate and
up-to-date information on the disposition of court cases.
"The back check system is only as good as the criminal records it contains. Many of
the over 62 million criminal history records note an arrest, but fail to specify how the
arrest was resolved. That makes it impossible for the NICS examiner to know the
outcome of the case," said Ashcroft.
Gun shop owners phone one of two call centers to conduct the instant criminal
background checks. About 71 percent of those calls into the center receive either a
"proceed" with sale or "deny" sale from the investigators. About 97 percent of the
denied sales are completed within 72 hours either because investigators find no
adverse information in the record that would ban the sale, or court records are
incomplete.
Under the Brady Act, if the court records cannot be confirmed, the sale is completed by
default. DOJ officials estimate that 45,000 default sales are made annually, about 1
percent of all gun sales run through the instant check system.
"A recent FBI study found that between April and December of the year 2000 over
45,000 applicants with an open arrest record were allowed to purchase guns
because the three-day requirement was not met. Improving the criminal history
records will decrease this number, and it will speed up the approval process for
law-abiding purchasers," Ashcroft said.
Copyright 2001 by United Press International.
All rights reserved.