Washington, D.C.—U.S. Senator Susan Collins cosponsored bipartisan gun safety legislation that would require federal authorities to alert state law enforcement within 24 hours when individuals prohibited from buying guns fail a National Instant Criminal Background Check System (NICS) background check. The NICS Denial Notification Act will assist states with enforcing existing laws against individuals who attempt to purchase firearms but have no legal right to do so.
“In 37 states including Maine, state law enforcement is not alerted when prohibited individuals try to buy guns,” said Senator Collins. “By requiring the federal government to notify states promptly when someone fails a background check, this commonsense, bipartisan bill will help stop dangerous people from obtaining guns illegally while protecting the Second Amendment rights of law-abiding citizens.”
Federal officials are notified when individuals who are legally prohibited from purchasing a firearm (such as convicted felons, fugitives, and domestic abusers) try to buy a gun but fail a background check. These attempted purchases often violate federal and state laws, yet the federal government does not automatically share this information with states. Unfortunately, the federal government rarely prosecutes any of these individuals.
In the 37 states and the District of Columbia that rely on the FBI to run some or all of their background checks, state authorities are generally not aware when prohibited persons fail background checks. Individuals who are willing to lie and attempt to buy a gun may be dangerous and could seek to obtain guns through other means. As a result, these states and D.C. lack critical law enforcement intelligence that they could use to help keep their communities safe.
The NICS Denial Notification Act was introduced by Senators Pat Toomey (R-PA), Chris Coons (D-DE), Marco Rubio (R-FL), and Bill Nelson (D-FL). In addition to Senator Collins, the bill is co-sponsored by Senators John Cornyn (R-TX), Tammy Duckworth (D-IL), Lindsey Graham (R-SC), and Claire McCaskill (D-MO).
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