TheBluesMan
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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>By Bill Miller
Washington Post Staff Writer
Wednesday, July 12, 2000; Page A21
A federal appeals court ruled yesterday that the FBI can hold on to gun purchase records for six months to ensure that a federal computer system that conducts millions of instant criminal background checks is working properly
The 2 to 1 ruling was a defeat for the National Rifle Association, which argued that the practice amounted to an "illegal national registration of gun owners." The NRA contended that the law requires the FBI to destroy records of approved purchases immediately.
The instant background checks of potential gun purchasers began in November 1998, fulfilling requirements under the Brady Handgun Violence Prevention Act and putting an end to checks conducted under a five-day federal waiting period.
Gun dealers are required to submit information about prospective buyers to the computer system in an effort to prevent sales to convicted felons, fugitives and other disqualified buyers. The information includes the customer's name, sex, race, date of birth and state of residence. The computer is supposed to immediately generate a response for gun dealers that approves, rejects or postpones the sale for further investigation. Since the system was put into place, roughly 14 million checks have been performed, Justice Department officials said. About 280,000 purchases have been rejected.
The NRA filed suit to challenge a Justice Department regulation that allows the FBI to keep all purchase records for six months for auditing purposes only.
The Justice Department contended that it needs the time to spot-check results for quality control, ensure that gun buyers and dealers are not using false identities or other means to thwart the system and determine that the huge database is not being used by anyone to gain confidential information for unauthorized purposes.
While the NRA did not object to preserving--indefinitely--the records of buyers who are rejected, it argued that the FBI was required to immediately destroy personal data about those who were approved. The NRA's lawyers pointed to language in the Brady law that called for officials to "destroy" records of approved transactions. The law also warned against using the checks "to establish any system for the registration of firearms."
U.S. District Judge James Robertson dismissed the NRA's lawsuit last year, concluding that the Justice Department acted reasonably in establishing auditing standards. The NRA asked the D.C. Circuit Court of Appeals to overturn Robertson's ruling.
Appellate Judges David S. Tatel and Merrick B. Garland, both Clinton appointees, rejected the NRA's argument. David B. Sentelle, a Reagan appointee, dissented.
Tatel wrote that the "audit log" is not a firearms registry. The Brady law contained no timetable for purging records, he said, adding that common sense indicates that Congress wanted to ensure that the system functions properly.
Sentelle wrote that the law's instruction to destroy records meant exactly that, prohibiting even temporary preservation.
The NRA was among the strongest supporters of instant background checks. James Baker, the NRA's chief lobbyist, said the organization may seek further appellate review.
"When you have words in the law like 'destroy,' 'don't record' and 'no system of registration,' it seems fairly obvious to us," Baker said.
Attorney General Janet Reno called the ruling "a win for the safety of all Americans," saying it "will allow us to continue to conduct audits that protect individual privacy, ensure system accuracy and deter fraud by corrupt gun dealers."
© 2000 The Washington Post Company[/quote]
<sarcasm: heavy>I thought that the FBI always got rid of those records immediately. Well at least now they can only keep them for six months. </sarcasm>
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RKBA!
"The people have the right to bear arms for their defense and security"
Ohio Constitution, Article I, Section 4 Concealed Carry is illegal in Ohio.
Ohioans for Concealed Carry Website
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>By Bill Miller
Washington Post Staff Writer
Wednesday, July 12, 2000; Page A21
A federal appeals court ruled yesterday that the FBI can hold on to gun purchase records for six months to ensure that a federal computer system that conducts millions of instant criminal background checks is working properly
The 2 to 1 ruling was a defeat for the National Rifle Association, which argued that the practice amounted to an "illegal national registration of gun owners." The NRA contended that the law requires the FBI to destroy records of approved purchases immediately.
The instant background checks of potential gun purchasers began in November 1998, fulfilling requirements under the Brady Handgun Violence Prevention Act and putting an end to checks conducted under a five-day federal waiting period.
Gun dealers are required to submit information about prospective buyers to the computer system in an effort to prevent sales to convicted felons, fugitives and other disqualified buyers. The information includes the customer's name, sex, race, date of birth and state of residence. The computer is supposed to immediately generate a response for gun dealers that approves, rejects or postpones the sale for further investigation. Since the system was put into place, roughly 14 million checks have been performed, Justice Department officials said. About 280,000 purchases have been rejected.
The NRA filed suit to challenge a Justice Department regulation that allows the FBI to keep all purchase records for six months for auditing purposes only.
The Justice Department contended that it needs the time to spot-check results for quality control, ensure that gun buyers and dealers are not using false identities or other means to thwart the system and determine that the huge database is not being used by anyone to gain confidential information for unauthorized purposes.
While the NRA did not object to preserving--indefinitely--the records of buyers who are rejected, it argued that the FBI was required to immediately destroy personal data about those who were approved. The NRA's lawyers pointed to language in the Brady law that called for officials to "destroy" records of approved transactions. The law also warned against using the checks "to establish any system for the registration of firearms."
U.S. District Judge James Robertson dismissed the NRA's lawsuit last year, concluding that the Justice Department acted reasonably in establishing auditing standards. The NRA asked the D.C. Circuit Court of Appeals to overturn Robertson's ruling.
Appellate Judges David S. Tatel and Merrick B. Garland, both Clinton appointees, rejected the NRA's argument. David B. Sentelle, a Reagan appointee, dissented.
Tatel wrote that the "audit log" is not a firearms registry. The Brady law contained no timetable for purging records, he said, adding that common sense indicates that Congress wanted to ensure that the system functions properly.
Sentelle wrote that the law's instruction to destroy records meant exactly that, prohibiting even temporary preservation.
The NRA was among the strongest supporters of instant background checks. James Baker, the NRA's chief lobbyist, said the organization may seek further appellate review.
"When you have words in the law like 'destroy,' 'don't record' and 'no system of registration,' it seems fairly obvious to us," Baker said.
Attorney General Janet Reno called the ruling "a win for the safety of all Americans," saying it "will allow us to continue to conduct audits that protect individual privacy, ensure system accuracy and deter fraud by corrupt gun dealers."
© 2000 The Washington Post Company[/quote]
<sarcasm: heavy>I thought that the FBI always got rid of those records immediately. Well at least now they can only keep them for six months. </sarcasm>
------------------
RKBA!
"The people have the right to bear arms for their defense and security"
Ohio Constitution, Article I, Section 4 Concealed Carry is illegal in Ohio.
Ohioans for Concealed Carry Website