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senate Bill S. 2492

Should State Law Enforcement Agencies be Notified When Someone Fails a Gun Background Check?

Argument in favor

State law enforcement agencies should be notified when a prohibited individual tries to buy a firearm and fails an FBI background check. The FBI should notify agencies it runs background checks for.

Konrad's Opinion
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04/03/2018
I’m a proud NRA member and this is absolutely a common sense measure. If you know you’re not supposed to be buying a firearm then the police should know that you are trying to. If you don’t know, then the police can either explain to you why you’re on the list or clear you off if there is in fact a mistake.
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Lewis's Opinion
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04/03/2018
This is exactly the kind of gun control that we are asking for. We’re not trying to take away everyone’s guns; we are trying to keep them out of the wrong hands.
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Jaime's Opinion
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04/03/2018
If you honestly want to keep criminals and potential mass shooters in check this could in theory work. I don’t see this violating any individual right.
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Argument opposed

If states want to be notified when a prohibited individual fails a gun background checks, they should run their own background checks like 13 already do without relying on the FBI to flag failed checks.

Larry's Opinion
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04/03/2018
To what reason? They fail, then they are denied the purchase
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RadicalModerate's Opinion
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04/03/2018
I would not be permitted to purchase a gun because I’m a registered NYS Medical Marijuana program Caregiver for my wife, a registered NYS Medical Marijuana Program Patient. Under draconian NYS law, a marijuana user is “addicted to drugs”. Out law machine guns, duh.
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04/03/2018
No, Our Country is broke and the agency created will be as financial wasteful as ALL the agencies created before them. No one should be disqualified from protecting themselves and family from the corruption in our Communities across America. Simpleminded people whom believe elected officials do no wrong are a threat to Our freedom and draining the swamp.
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What is Senate Bill S. 2492?

This bill would require federal authorities to notify state law enforcement within 24 hours when individuals “lie and try” to purchase firearms when they’re legally prohibited from doing so, failing a National Instant Criminal Background Check System (NICS) check in the process. Under current law, in the 37 states which rely solely on the FBI to run background checks on attempted gun purchases state authorities generally aren’t aware when prohibited individuals fail background checks. (The remaining states do their own background checks using the FBI’s NICS database so state authorities can be notified and investigate.)

Impact

State law enforcement agencies that would be notified about failed NICS background checks; and the FBI.

Cost of Senate Bill S. 2492

A CBO cost estimate is unavailable.

More Information

In-Depth: Sponsoring Sen. Pat Toomey (R-PA) introduced this bill to require the FBI to notify state law enforcement agencies within 24 hours when a person prohibited from owning a gun, like a convicted felon, fails a background check to buy a gun:

“This NICS Denial Notification Act requires the FBI to notify state law enforcement within 24 hours when a person who is prohibited from getting a gun, such as convicted felon, lies about their background in an attempt to buy one. That is, in itself, a federal felony and it goes almost entirely unprosecuted now. We can make progress on gun safety while respecting the Second Amendment rights of American citizens, including better enforcing existing gun laws and responding to warning signs that we get of criminal behavior. This bipartisan bill is a critical step forward in helping to ensure that our communities can be safe from criminals.”

Original cosponsor Sen. Chris Coons (D-DE) added:

“We have to find ways to work across the aisle to reduce gun violence, and the NICS Denial Notification Act is one modest, commonsense way to do that. By ensuring that state and federal law enforcement are working together to prevent those who shouldn’t be able to buy a gun from getting one, we can make our communities safer.”

This legislation has the support of 11 bipartisan cosponsors, including six Democrats and five Republicans.


Media:

Summary by Eric Revell

(Photo Credit: DmyTo / iStock)

AKA

NICS Denial Notification Act of 2018

Official Title

A bill to provide for the reporting to State and local law enforcement authorities of cases in which the national instant criminal background check system indicates that a firearm has been sought to be acquired by a prohibited person, so that authorities may pursue criminal charges under State law, and to ensure that the Department of Justice reports to Congress on prosecutions secured against prohibited persons who attempt to acquire a firearm.

bill Progress


  • Not enacted
    The President has not signed this bill
  • The house has not voted
  • The senate has not voted
      senate Committees
      Committee on the Judiciary
    IntroducedMarch 5th, 2018
    I’m a proud NRA member and this is absolutely a common sense measure. If you know you’re not supposed to be buying a firearm then the police should know that you are trying to. If you don’t know, then the police can either explain to you why you’re on the list or clear you off if there is in fact a mistake.
    Like (118)
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    To what reason? They fail, then they are denied the purchase
    Like (17)
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    This is exactly the kind of gun control that we are asking for. We’re not trying to take away everyone’s guns; we are trying to keep them out of the wrong hands.
    Like (49)
    Follow
    Share
    If you honestly want to keep criminals and potential mass shooters in check this could in theory work. I don’t see this violating any individual right.
    Like (45)
    Follow
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    If someone fails a background check then they are probably a danger to society. We need to stop ignoring the mentally ill they are too dangerous.
    Like (19)
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    We notify law enforcement when someone on probation tries to leave their designated area, we notify law enforcement when a person on the no fly list tries to fly, as a passionate second amendment advocate I see no problem with this.
    Like (19)
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    I'm the strongest pro 2A person I know. This, however, makes perfect sense. It gets law enforcement a step ahead when something is amiss. Every second counts.
    Like (14)
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    I would not be permitted to purchase a gun because I’m a registered NYS Medical Marijuana program Caregiver for my wife, a registered NYS Medical Marijuana Program Patient. Under draconian NYS law, a marijuana user is “addicted to drugs”. Out law machine guns, duh.
    Like (13)
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    Heck YES.... If an individual fails, for what ever reason, a weapons background check, what else may they be possibly be hiding,
    Like (7)
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    No, Our Country is broke and the agency created will be as financial wasteful as ALL the agencies created before them. No one should be disqualified from protecting themselves and family from the corruption in our Communities across America. Simpleminded people whom believe elected officials do no wrong are a threat to Our freedom and draining the swamp.
    Like (6)
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    Makes total sense. Why shouldn’t authorities know when people that shouldn’t be in possession of guns are trying to get them?
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    No if he/she fails. No gun sold, no harm done. If there is a warrant for arrest perhaps yes.
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    No domestic abusers or violent convicted criminals should have access to guns
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    Being no expert, it would seem logical to me that all the state would have to do is check the federal registry if a question arises concerning qualifications.
    Like (3)
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    Uh, yeah
    Like (3)
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    That they know someone is looking for a gun
    Like (2)
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    Yes.
    Like (2)
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    Extensive background checks for gun purchasing is indispensable. Let’s ensure that this is the standard in Maryland.
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    I thought that was already being done!!
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    Realistic gun laws must be passed! This carnage is horrific!
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