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I present for your consideration Sportsmen for Clinton? and Sportsmen for Obama? The next presidential election will be especially important in case the Democrats retain control of the House and Senate.

 
H.R.2640 - NICS Improvement Amendments Act of 2007 PDF Print E-mail
User Rating: / 2
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Thursday, 02 August 2007

Details

  • Sponsor - McCarthy
  • Proposed -  June 11, 2007
  • Congressional Record Link - H.R.2640
  • Amends - None.
  • Amendments - Senate Amendment 3887
  • Vote - Voice votes only. No recorded votes.
  • Results - January 8, 2008 - Signed by the President. Became Public Law No: 110-180.

Status

June 11, 2007 - Referred to the Committee on the Judiciary.

June 13, 2007 - Mr. Conyers moved to suspend the rules and pass the bill.

June 13, 2007 - Considered under suspension of the rules.

June 13, 2007 -  On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H6339-6342)

June 13, 2007 - Motion to reconsider laid on the table Agreed to without objection.

June 14, 2007 -  Received in the Senate and Read twice and referred to the Committee on the Judiciary.

August 2, 2007 - Considered in the Senate Judiciary Committee. 

December 19, 2007 - Senate Committee on the Judiciary discharged by Unanimous Consent.

December 19, 2007 - Measure laid before Senate by unanimous consent. (consideration: CR S15970-15971) During its time in the Senate, the complete text was replaced by Senate Amendment 3887.
December 19, 2007 - Passed Senate with an amendment by Unanimous Consent.
December 19, 2007 -Mrs. McCarthy (NY) asked unanimous consent that the House agree to the Senate amendment. (consideration: CR H16923-16926)

December 19, 2007 -On motion that the House agree to the Senate amendment Agreed to without objection. (text as House agreed to Senate amendment: CR H16923-16926)

December 19, 2007 - Motion to reconsider laid on the table Agreed to without objection.

December 19, 2007 - Message on Senate action sent to the House.

December 19, 2007 - Cleared for White House.

January 8, 2008 - Signed by the President. Became Public Law No: 110-180.

Synopsis

From the Congressional Record summary:

NICS Improvement Amendments Act of 2007 - Title I: Transmittal of Records - (Sec. 101) Amends the Brady Handgun Violence Prevention Act to: (1) authorize the Attorney General to obtain electronic versions of information from federal agencies on persons disqualified from receiving firearms; (2) require federal agencies to provide such information to the Attorney General, not less frequently than quarterly; and (3) require federal agencies to update, correct, modify, or remove obsolete records and notify the Attorney General of such action to keep the National Instant Criminal Background Check System (NICS) up to date. Requires the Attorney General to submit annual reports to Congress on the compliance of federal agencies with such reporting requirements.

Requires the Secretary of Homeland Security to provide the Attorney General, not less than quarterly, information for determining whether a person is disqualified under the federal criminal code from possessing or receiving a firearm for use in NICS background checks.

Requires the Attorney General to: (1) ensure that all NICS information received from federal agencies is kept accurate and confidential; (2) provide for the removal and destruction of obsolete and erroneous names and information from the NICS; and (3) work with states to encourage the development of computer systems for notifying the Attorney General when a court order has been issued or removed or a person has been adjudicated as mentally defective or committed to a mental institution.

Prohibits federal agencies from providing a person's mental health or commitment information to the Attorney General if: (1) such information has been set aside or expunged or the person involved has been fully released or discharged from all mandatory treatment, supervision, or monitoring; (2) the person has been found to no longer suffer from a mental health condition or has been found to be rehabilitated; or (3) the person has not been found to be a danger to himself or others or the person lacks the mental capacity to manage his own affairs.

(Sec. 102) Grants states a two-year waiver of the matching fund requirement (10%) for criminal justice identification grants if such states provide at least 90% of the information required to be transmitted to the NICS under this Act. Requires states to provide reasonable estimates of the number of records transmitted to the NICS for purposes of granting such waiver.

Requires states to make electronically available to the Attorney General records relating to persons: (1) t disqualified from possessing or receiving a firearm; (2) convicted of misdemeanor crimes of domestic violence; and (3) adjudicated as mentally defective or committed to mental institutions. Requires states to update, correct, modify, or remove obsolete records in the NICS.

Requires the Attorney General to: (1) establish regulations and protocols to protect the privacy of information in the NICS; and (2) report annually to the Judiciary Committees of Congress on the progress of states in automating criminal records databases and making such data available to the Attorney General.

(Sec. 103) Requires the Attorney General to make grants to states and Indian tribal governments to establish or upgrade information and identification technologies for firearms eligibility determinations. Allows up to 5% of grant funding for Indian tribal governments, including tribal judicial systems. Specifies allowable uses of grant funds. Authorizes appropriations for FY2008-FY2010.

Prohibits the Federal Bureau of Investigation (FBI) from charging user fees for NICS background checks.

(Sec. 104) Requires the Attorney General to submit to the Judiciary Committees of Congress an annual report on the progress of states in automating databases of information for transmittal to the NICS. Authorizes appropriations.

Provides for discretionary and mandatory penalties for states that fail to provide information required by this Act. Allows a waiver of such penalties for states that provide substantial evidence of reasonable efforts to comply with requirements for providing information.

(Sec. 105) Requires states, as a condition of grant eligibility, to establish procedures to allow persons with disabilities relating to mental health status or commitment to obtain relief from such disabilities for purposes of firearms eligibility. Requires states to allow de novo review in state courts of denials of relief.

Title II: Focusing Federal Assistance on the Improvement of Relevant Records - Requires the Director of the Bureau of Justice Statistics to: (1) study and evaluate the operations of the NICS; and (2) report to Congress annually on state estimates of records transmitted to the NICS and on best practices of states for handling information to be transmitted to the NICS.

Authorizes appropriations for FY2008-FY2010.

Title III: Grants to State Court Systems for the Improvement in Automation and Transmittal of Disposition Records - Requires the Attorney General to make grants to states and Indian tribal governments for use by state and tribal court systems to improve the automation and transmittal of criminal history dispositions and records and mental health adjudications or commitments to federal and state record repositories. Authorizes appropriations for FY2008-FY2010.

Title IV: GAO Audit - Requires the Comptroller General to audit expenditures for criminal records improvement under the Brady Handgun Violence Prevention Act to determine if such expenditures were made in accordance with such Act and to report to Congress on the findings of such audit.

Analysis

On one hand, this bill does not expand the class of 'prohibited people'. I do like violent felons being prohibited.

On the other hand, the concept of 'adjudicated as mentally defective or committed to mental institutions' is rather nebulous. Who has the authority to 'adjudicate'? Does a self-commitment count? (Not historically, but not being defined, will that change?)

And I 100% disagree with the Lautenberg Amendment.

The bottom line is that the adjudication process has no oversight or appeal process. Loosing one's Constitutional Rights should involve more than just where a judge or doctor puts an X. 

Support for H.R.2640 should be contingent upon it containing sections clearly defining terms, providing appeal and reversal processes that can not be defunded by the federal government, and requiring specific communication to affected individuals so they are aware  of the implications of their situation.

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