Expensive: Firearm Background Checks

[gdcleanfun]

Upon further research, I find that there is a heck of a lot more than just some kind of verification, at least in Nevada.

NEVADA POINT OF SALE FIREARMS PROGRAM & NATIONAL INSTANT CHECK SYSTEM

Important CCW Changes Information

Application for Brady Background Check Account

On November 30, 1998, the Brady Handgun Violence Prevention Act (Brady Act) was signed into law. Under the Act, Federal Firearms Licensees (FFLs) must contact the National Instant Criminal Background Check System (NICS) prior to the transfer of a firearm to an unlicensed individual in order to receive information on whether the individual is disqualified by federal or state law from possessing a firearm.

FFLs will contact the NICS via either a point of contact (POC) established within their respective state, or the NICS Operation Center, Federal Bureau of Investigation (FBI) dependent on whether the state has POC for the NICS. Although the Brady Act does not specify who FFLs will contact to request a NICS check, ideally FFLs would make the contact.

All FFL dealers in Nevada comply with the Brady Handgun Violence Prevention Act by contacting the Brady Point of Sale (POS) program in the Department of Public Safety's Records Bureau with the name and numeric identifiers of prospective gun purchasers. The POS staff will clear the sale, deny it or hold it pending further investigation. The POS background check service may only be used in conjunction with a firearm transaction.

Nevada gun dealers are required to use the state as their Point of Contact rather than go to the FBI’s National Instant Check System directly. The advantage is that Nevada criminal history records of the gun purchasers are checked, as well as the national records. The Point of Sale Firearms Program is expected to handle more than 60,000 requests per year. Also, on request, the POS staff helps federal and local authorities track illegal firearms activity.



The background check will be conducted to ascertain if the person attempting to obtain a firearm falls within any of the prohibited categories as outlined in Section 922(g) or (n) of Title 18, United States Code. The prohibited categories include someone who:

* is an ex-felon.
* is a fugitive from justice.
* is an unlawful user or addicted to any controlled substance.
* has been adjudicated as mentally defective or has been involuntarily committed to a mental institution.
* is an illegal alien.
* has been dishonorably discharged from the Armed Forces.
* has renounced U.S. citizenship.
* is the subject of a court order restraining them from Harassing, stalking or threatening an intimate partner or child of such partner.
* has been convicted of a misdemeanor crime of domestic violence.
* is under indictment or information for a punishable by imprisonment for a term exceeding one year.

After the potential firearm purchaser completes the applicable portions of the Bureau of Alchol, Tobacco, and Firearms' form 4473 (available from an FFL)
the FFL is required to verify the identity of the potential purchaser by comparing the information they provide on the form to a government issued identification document with a photograph and the person's name, address, and date of birth. A Nevada driver's license or identification card meets the needs of an identification document.

In order to fund the POS Program, a $25.00 fee is assessed for each background check performed. It is highly recommended that prior to contacting the POS Program for a background check that the FFL collects from the potential purchaser the $25.00 fee. This fee will be assessed whether a ‘proceed’ or a denial’ is granted for the transfer of a firearm. Additionally, once the licensee has made the background check request to the POS Program the fee is non-refundable even if the potential purchaser or FFL decides to cancel the firearm transaction.

Upon receipt of a completed form, and verification of identity, the FFL must call the Nevada Point-of-Sale Firearms Program at 1-800-4PISTOL (474-7865). FFLs in the Reno, Sparks, Incline Village, Carson City, Minden, and Gardnerville calling area should use the local 684-6200 telephone number. Service is available for background checks seven days a week, from 8:00 am to 6:00 pm (excluding July 4th, Thanksgiving Day, Christmas Day, and New Year's Day).

In order to conduct the background check, POS Program staff will require the information listed below.
1. The last 5 digits of the Federal Firearm License number and name of the business.
2. The type of firearm being transferred (handgun, rifle or shotgun) as the age and state of residence of the transferee affects their ability to purchase a long gun or handgun. They will not request any other information about the firearm such as make, model or serial number.
3. Full name of the potential purchaser.
4. Maiden or other names used by the potential purchaser.
5. Potential Purchaser's date of birth.
6. Gender of potential purchaser.
7. State of residence.
8. Country of Citizenship.

If the staff needs more information to further identify the potential purchaser, they can ask for a social security number, place of birth, race, height, weight, as well as other identifying information provided on the form 4473.

Based upon the information provided, the POS staff member will execute the background check against federal (NICS) and state databases that will result in one of the following determinations:

Proceed: The firearms transaction may proceed, as no disqualifying information was located in databases available to the POS program that would prohibit the transfer of a firearm to the potential purchaser.
Delayed: The firearms licensee will be advised that further research is necessary and the transfer of the firearm is delayed. This delay could take anywhere from a few hours to the three business days allowed by the Act to determine eligibility of the transferee. (Please keep in mind that if a weekend of legal holiday occurs during the three days of research, that period of time is not counted in the total three-day hold.)
Denied: The firearms licensee will be advised that the transfer of a firearm would violate federal or state law.

Persons who have been denied the transfer of a firearm as a result of a background check conducted by the POS Program may request the reason for the denial. The request must be made in writing and contain the State Transaction Number (STN) for the denied transaction. Within 5 business days of receiving the request, the POS Program will respond in writing with the reason for the denial.

The results of each background check (regardless of the result) may not be disclosed to anyone other than those who need to know for the purposes directly associated with the firearms transfer.

Department of Public Safety
Records and Technology Division
333 W. Nye Lane Suite 100
Carson City, NV 89706
(775)684-6262

[wolfhunter]

Similar to Florida's check, except we don't directly access the national database.

[AkSarBen]

Interesting thread. Here in Michigan I recently bought a Bersa Thunder .380 and even though I have a CPL and do not need to get a purchase permit from the local sheriff office, they still do a background check and it doesn't cost any extra for us. If the pistol costs $246.00 (which it did) then it's that cost plus the sales tax. This is no matter how many pistols you buy.

Originally Posted by wolfhunter

If a FL background check comes back denied, you can't have your gun, whether you have a CWL or not. If Florida's permits were issued by a law enforcement agency, we would get NICS checked. Since our permits are issued through the Dept. of Agriculture, they aren't allowed to access NICS.

Florida statute 1790.065 Sale and delivery of firearms.--

(1) A licensed importer, licensed manufacturer, or licensed dealer may not sell or deliver from her or his inventory at her or his licensed premises any firearm to another person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, until she or he has:

(a) Obtained a completed form from the potential buyer or transferee, which form shall have been promulgated by the Department of Law Enforcement and provided by the licensed importer, licensed manufacturer, or licensed dealer, which shall include the name, date of birth, gender, race, and social security number or other identification number of such potential buyer or transferee and has inspected proper identification including an identification containing a photograph of the potential buyer or transferee.

(b) Collected a fee from the potential buyer for processing the criminal history check of the potential buyer. The fee shall be established by the Department of Law Enforcement and may not exceed $8 per transaction. The Department of Law Enforcement may reduce, or suspend collection of, the fee to reflect payment received from the Federal Government applied to the cost of maintaining the criminal history check system established by this section as a means of facilitating or supplementing the National Instant Criminal Background Check System. The Department of Law Enforcement shall, by rule, establish procedures for the fees to be transmitted by the licensee to the Department of Law Enforcement. All such fees shall be deposited into the Department of Law Enforcement Operating Trust Fund, but shall be segregated from all other funds deposited into such trust fund and must be accounted for separately. Such segregated funds must not be used for any purpose other than the operation of the criminal history checks required by this section. The Department of Law Enforcement, each year prior to February 1, shall make a full accounting of all receipts and expenditures of such funds to the President of the Senate, the Speaker of the House of Representatives, the majority and minority leaders of each house of the Legislature, and the chairs of the appropriations committees of each house of the Legislature. In the event that the cumulative amount of funds collected exceeds the cumulative amount of expenditures by more than $2.5 million, excess funds may be used for the purpose of purchasing soft body armor for law enforcement officers.

(c) Requested, by means of a toll-free telephone call, the Department of Law Enforcement to conduct a check of the information as reported and reflected in the Florida Crime Information Center and National Crime Information Center systems as of the date of the request.

(d) Received a unique approval number for that inquiry from the Department of Law Enforcement, and recorded the date and such number on the consent form.

However, if the person purchasing, or receiving delivery of, the firearm is a holder of a valid concealed weapons or firearms license pursuant to the provisions of s. 790.06 or holds an active certification from the Criminal Justice Standards and Training Commission as a "law enforcement officer," a "correctional officer," or a "correctional probation officer" as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9), the provisions of this subsection do not apply.

Am I reading this wrong? Just asking, because it appears from the statute that a valid carry permit is as legit as a LE certification.

[tattedupboy]

I believe that this topic was discussed on another thread, but for the life of me, I don't remember what the answer was. Anyway, Brady background checks, with some exceptions, are done on gun buyers in every state, and in the majority of them, mine included, you don't have to pay for them. Why in Nevada?

[gdcleanfun]

Originally Posted by tattedupboy

I believe that this topic was discussed on another thread, but for the life of me, I don't remember what the answer was. Anyway, Brady background checks, with some exceptions, are done on gun buyers in every state, and in the majority of them, mine included, you don't have to pay for them. Why in Nevada?

I'm not entirely sure but according to a few posts below, it probably has something to do with politics and the Nevada Sheriff's and Chief's Association. I've only lived in Nevada for a few years so I sure would like to learn the historical specifics or perspectives, state, local, or otherwise.

[wolfhunter]

Originally Posted by gpbarth

Am I reading this wrong? Just asking, because it appears from the statute that a valid carry permit is as legit as a LE certification.

Gary, I will have to agree with your reading of the text, but I'll also say that all of the 6 FFL dealers in this area insist on doing the call in. I'm going to be showing this paragraph to several people. Thanks for the enlightenment.

[JBinMontana]

Well this is my first post here, but in Montana once you obtain your CCW permit your done on back ground checks for point of sale. You walk in select your desired firearm, fill out your FF 4473, they make photo copy of CCW permit, you pay your cash and walk with your purchase.

If you do not have a CCW permit, you will then be called on.

[AkSarBen]

This is an electronic age. Full name and date of birth will get you a lot of history in seconds. I know, I used to be a Deputy. The NCIC and NCIS are pretty accurate and can readily bring up someone in a data base of history. Next step verication is the same SSN. Then it's a few other lesser defining factors that finally cinch it.
Should not "cost" to run a background check on someone.

[maybejim]

Originally Posted by gdcleanfun

I disagree. If keeping records current was the issue then the NICS would be mandated for renewal every year or even every few months, just so that "they" can keep on top of things. It's not. It's every 5 years. If I never purchased another firearm it would still be every 5 years. Having to pass a background check every time I want another toy makes no sense. It's not required in all states. Requiring this is equivalent to having to renew my drivers license every time I want to purchase another vehicle. How many people would go along with it if that was the law? As well, if I had no CCW then I could see where a background check would be required each and every time. But if I did something wrong then my CCW would be revoked, so there goes the argument of keeping things current.

Frankly, I don't think the statistics show any reduction in crime or violence with the background checks. I'm not sure they are worthwhile and they are certainly insane for someone with a CCW.

In Kalifornia, I not only get a background check when I buy a gun but I have to wait 11 days to pick it up after I have paid for it. What crime is being stopped? I am carrying a loaded gun on my person legally and they want me to wait to obtain physical custody of a new gun? Can you say insanity?