National criminal instant background check

The NICS Improvement Act also added a new provision allowing persons whose names were included in the NICS database, and who believed they had been placed there improperly, to administratively and judicially challenge their inclusion, so that the NICS system could be more complete and accurate.

While the NICS Improvement Act primarily focused on improving the NICS system with respect to missing state mental health records, other information relevant to other categories of prohibited persons under 18 U. In particular, known illegal drug users and addicts, despite being listed as prohibited persons under 18 U. On January 8, , U. Giffords had set up a table outside the store, and about people were gathered nearby when a gunman, later identified as year old Jared Lee Loughner, drew a pistol and shot Giffords at point-blank range in the head.

Loughner then proceeded to fire at other members of the crowd, apparently at random, from a weapon later reported to be a 9mm Glock model 19 semi-automatic pistol with a round magazine; his activities were captured on videotape. After Loughner ran out of ammunition in the first magazine, he stopped to reload, but dropped the loaded magazine from his pocket to the sidewalk, where a bystander grabbed it. Other bystanders then intervened and were able to tackle and subdue Loughner. Before the shooting spree ended, nineteen people were injured by gunfire, six of them fatally, including U.

Others killed included three of Rep. Giffords herself was in critical condition; while waiting for help to arrive, Giffords' intern, Daniel Hernandez Jr. Giffords' life. Giffords was rushed to the University Medical Center, and within 38 minutes of the shooting she underwent emergency surgery. Part of Rep. Giffords' skull was removed to prevent further brain damage caused by swelling.

Giffords has remarkably survived, and appears to be advancing well during her long and arduous rehabilitation process. The suspect, Jared Lee Loughner, was immediately arrested and detained, and he has since been arraigned in federal criminal court on multiple murder charges. Loughner had previously attended Pima Community College, but school authorities had suspended him after receiving complaints of his inappropriate behavior in class. In October , Loughner chose to drop out rather than obtaining the mental evaluation and clearance required for him to re-enroll.

District Judge Larry A. Burns on May 25, declared him presently incompetent, after a staff psychologist at the U. Medical Center for Federal Prisoners agreed with a defense psychiatrist that Loughner was mentally unfit to stand trial, due to symptoms of schizophrenia. According to court records, Loughner had two previous arrests, one of which was for drug possession. Army officials have also said that Loughner had earlier attempted to enlist, but his application had been rejected as "unqualified" for service in Army officials have privately told the Washington Post and other press outlets that Loughner was rejected by the Army because he failed a drug-screening process.

Army officials report that he was rejected by the Army for failing a drug-screening process. This was the same store Loughner later went back to in November to purchase the Glock semi-automatic pistol that he used in the January 8, rampage. Department of Justice policy adopted under U.

Attorney General Janet Reno, which had advised federal agencies not to report people who had voluntarily taken drug tests, for fear that this might deter them from seeking treatment. The U. Department of Justice has not yet publicly released this memorandum adopted under Attorney General Reno. In large part as a result of this memorandum, the number of drug abusers and addicts in the NICS database has plummeted dramatically over the past decade, according to a recent article in the Washington Post:. According to John A.

ESR News Blog

The organization supported a lawsuit that challenged background check requirements for states under the Brady Act. Even with its flaws, the system has stopped millions of gun sales, he adds.

Those facts also illustrate a larger point, which the NRA has not acknowledged: Existing background checks are not enough. That rule would have also stopped the Parkland shooter, who is 19 years old, from getting the AR he used to gun down 17 people. Skip to navigation Skip to content. Sign-Up for Press Releases. Frequently Asked Questions.

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