Title: Missing Records: Holes in Background Check System Allow Illegal Buyers to Get Guns

Publication Date: May 2007

What does it say?

This report describes the gaps in record keeping that limit the effectiveness of Brady background checks.

It was found that: “In 2005, 3,215 criminals obtained a firearm simply because missing records meant the background check could not be completed within the allotted three-business day timetable.” The report notes that the National Instant Criminal Background Check System (NICS) can only function effectively if state and local authorities ensure that good records are maintained and put into the national database.

Under federal law, anyone “adjudicated as a mental defective or has been committed to a mental institution” is prohibited from possessing a firearm. Yet, more than 9 out of 10 disqualifying mental health records are not in any system (p. 3).

How can I use it?

Use this study to advocate for states to take legislative or administrative action to submit disqualifying records of prohibited purchasers to NICS and ensure that all disqualifying records are submitted to NICS.  Congress should fully fund the NICS Improvement Amendments Act to help states submit records.

Citation

Kessler, Jim, Missing Records: Holes in Background Check System Allow Illegal Buyers to Get Guns, Washington, DC: The Third Way Culture Project, May 2007