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Thompson, Fitzpatrick urge appropriators to provide funds to strengthen criminal background check system
U.S. Reps. Mike Thompson (D-CA) and Mike Fitzpatrick (R-PA) on Wednesday led 125 of their colleagues in calling on appropriators to provide funds to strengthen the National Criminal Background Check System (NICS).
The letter, signed by 119 Democrats and 8 Republicans, urged the House Appropriations Committee to, at minimum, maintain Fiscal Year (FY) 2015 funding levels in House version of the FY 2016 Commerce, Justice, Science (CJS) Appropriations bill.
Last year, Thompson and Fitzpatrick passed a bipartisan amendment which led to NICS funding being increased to record levels in the FY 2015 omnibus appropriations bill. The funds are used to help states improve data submissions to NICS.
“To stop criminals from getting guns we need to make sure their names are in the background check system,” said Thompson and Fitzpatrick in a joint statement. “Our national criminal background check system is only as good as the data you put in it. These funds will help states get all their information into the system so that we know if a person trying to buy a gun is a criminal, a domestic abuser or is dangerously mentally ill.”
NICS, the database used to determine whether or not a prospective buyer is eligible to buy a firearm, is missing information. Because of this, people who otherwise would not pass a background check can slip through the cracks and buy guns.
– A USA Today report found that in just five states, records for at least 2.5 million fugitives weren’t entered into the NICS system.
– According to a report by Everytown, 12 states have still submitted fewer than 100 mental health records to the NICS system.
– According to the Department of Justice, six states have fewer than 30 total records each in the NICS system in all prohibited categories combined.
Maintaining, at minimum, the funding from the FY 2015 omnibus appropriations bill will provide states with additional resources to ensure the background check system has complete and timely information to keep firearms out of the hands of individuals who should not possess guns.
The letter's full text is below.
The Honorable John Culberson
Chairman
House Subcommittee on Commerce, Justice, Science and Related Agencies
H-309, The Capitol
Washington, DC 20515
The Honorable Chaka Fattah
Ranking Member
House Subcommittee on Commerce, Justice, Science and Related Agencies
1016 Longworth House Office Building
Washington, DC 20515
Dear Chairman Culberson and Ranking Member Fattah:
As the Committee begins writing the Fiscal Year (FY) 2016 Commerce, Justice, Science, and Related Agencies Appropriations bill, we respectfully request funding for implementation of the National Instant Background Check Systems (NICS) Improvement Amendments Act of 2007 (Pub. L. No. 110-180) at least at the FY15 level of $73 million. The Act provides for grants to states to upgrade their electronic databases, incentives for states to transmit electronic records to NICS, penalties for states that do not comply, and requirements for keeping NICS up-to-date, including the removal of obsolete or erroneous records. The Act also provides financial incentives for states to develop “relief from disabilities” procedures for persons who have lost the right to possess a firearm due to a mental health adjudication or commitment but are later determined not to pose a danger to public safety.
As you are aware, the Gun Control Act of 1968 (Pub. L. No. 90-618) precludes certain persons, including felons, those adjudicated mentally ill, illegal aliens, drug abusers, and those under a restraining order, from purchasing or possessing firearms. The only way to enforce these requirements effectively is to ensure that NICS has up-to-date records from state and federal sources. At present, millions of records are currently missing from the various databases that make up NICS. Many states do not have the resources necessary to implement the technology to automate criminal history and mental health records, which has allowed persons otherwise prohibited from purchasing or owning firearms to do so in violation of federal law. This remains a serious problem because many states still do not submit adequate numbers of mental health and criminal records to make NICS work as intended.
The intent of NICS Improvement Amendments Act is to ensure there are sufficient resources to provide accurate and timely data about persons prohibited from possessing firearms. This cannot be achieved absent adequate funding for NICS. In fact, demand for this funding is increasing every year and we must provide adequate funding to meet this growing need. While the Act authorized a combined total of $1.125 billion from FY 2009 through FY 2013, a total of only $63.567 million was appropriated during that time.
We fully understand the current constraints on the federal budget and appropriations process. Keeping citizens safe, however, must be Congress’s top priority. The NICS Improvement Amendments Act has been severely underfunded in years past, and the recent tragedies in Newtown, Connecticut, Aurora, Colorado, and Tucson, Arizona, unfortunately show that gun violence is still a very serious issue that plagues our country. Ensuring NICS has complete and timely information to keep firearms out of the hands of persons who cannot safely and legally possess them while at the same time protecting Americans’ Second Amendment rights will save lives. Consequently, we respectfully urge the Committee to fund the NICS Improvement Amendments Act at a level that at minimum matches $73 million.