As gun sales increase and shootings nationwide rise, U.S. Sen. Dianne Feinstein (D-CA) and U.S. Rep. Jimmy Panetta (D-CA) have introduced the National Instant Criminal Background Check System (NICS) Data Integrity Act requiring the FBI to complete all gun-purchase background checks.
Currently, the law allows a sort of time-out cop out on the background check requirement – if the FBI cannot complete background checks if they are not finalized within 88 days. Then the agency must purge all records related to a background check from its systems, allowing prohibited individuals to slip through the cracks and retain possession of firearms when background checks aren’t finalized. Thus, more gun sales benefit them, as it puts greater burden on an already pressured system, increasing their odds of going unnoticed.
“The best way to keep guns out of the hands of dangerous individuals is to complete a background check for every single sale,” Feinstein said. “Unfortunately, a major flaw in our system too often forces the FBI to stop background checks before they’re completed and purge any data collected. This makes no sense. Our bill would allow the FBI to finish all background checks to ensure that people who aren’t legally allowed to buy a gun don’t get one.”
The bill would remove any deadline for the FBI’s background checks and require the agency to search specific databases to determine buyers’ eligibility to purchase guns. Currently, no established process exists for determining which databases must be searched.
“Time limits on background checks for firearms purchases can undermine law enforcement’s ability to prevent these weapons from falling into the wrong hands,” Panetta said. “By removing 88-day time limit for the FBI and allowing it to retain its information, law enforcement can fulfill its duty to effectively conduct and complete background checks, ensure the proper ownership of firearms, and enhance public safety. This is a simple fix to a loophole in our gun laws that will help us as we continue our work to reduce gun violence.”
It is a basic measure, according to cosponsor U.S. Sen. Richard Blumenthal (D-CT), and one that, according to fellow sponsor U.S. Sen. Bob Menendez (D-NJ), would correct a reckless loophole that defies common sense. According to the non-profit Everytown for Gun Safety, an estimated 7,500 guns may have been acquired illegally due to delayed background checks in 2020 alone, but with all data purged, there’s no following up to know how many sales shouldn’t have gone through in the first place.
“If you support keeping guns out of the hands of dangerous people, there is simply no reason to oppose it,” Blumenthal said.
Other cosponsors of the bill include U.S. Sens. Cory Booker (D-NJ), Chris Murphy (D-CT), Alex Padilla (D-CA), and Sheldon Whitehouse (D-RI).