Title: Potential Effects of Next-Day Destruction of NICS Background Check Records

Publication Date: July 2002

What does it say?

This report addresses and examines the adverse effects of changing the current National Instant Criminal Background Check System (NICS) records retention period from 90 days to next-day records destruction. Under NICS regulations at the time the report was written, records of firearms could be retained for up to 90 days in a computer database before being destroyed. The logs include information regarding the firearms purchase request and the decision (approved or denied). During the Bush Administration, the rule was changed to next-day destruction.

Results from this report show that changing the NICS retention period from 90 days to next day destruction may jeopardize public safety and NICS operations. In a 6-month review of the 90-day retention period, the FBI used records to initiate 235 firearm retrieval actions, of which 228 (97%) of them would not have been possible with the next day destruction policy. This means that next-day destruction of NICS records could inhibit the ability of law enforcement to retrieve firearms from persons "who were approved to purchase firearms but should not have been."

How can I use it?

Use this report to inform advocacy on the repeal of the Tiahrt Amendment, which codifies the next-day destruction of NICS records.

Citation

Government Accounting Office, Potential Effects of Next-Day Destruction of NICS Background Check Records, July 2002, GAO-02-653

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