What the heck is a background check anyway?
Join us below the fold for a brief introduction to Title 18 U.S.C. § 922(g) of the US Criminal Code. Bring your questions and any assignments of material you would like us to cover.
This is an Open Thread.
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National Instant Background Check Process for Customers
Passed in 1993, and going into effect in 1998, the law "required the U.S. Attorney General to establish the National Instant Criminal Background Check System (NICS)." The system screens buyers who purchase or receive a firearm through a Federally Licensed Firearms Dealer (FFL). Under current federal law sales, gifts, and other transfers between private individuals do not require a background check, although a few states require it for all sales.
The NICS is the Justice Department's service that is at the core of efforts to pass a Federal Universal Background Check law, an effort that was re-invigorated after the Sandy Hook School shootings last December. Despite widespread public support from Republican and Democratic voters the effort to pass the bill died in the Senate last spring.
In future diaries we will look at the the process for federally licensed firearms dealers and will take a closer look at the statutes involved. Here are links for those of you who like to read ahead.
|Brady Law (P.L. 103-159, Title I; 107 Stat. 1536)|
|1968 Gun Control Act, as amended by Brady Law (18 U.S.C. Chapter 44)|
|Prohibited categories (18 U.S.C. § 922(g) (1)-(9) and (n))|
|Lautenberg Amendment (18 U.S.C. § 922(g)(9))
General Information – NICS Index