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NICS proposed changes

From: "StarPD" <>
Date: Thu, 23 Aug 2001 18:17:50 -0700
Cc: "Richard Beamis (KABA )" <>
Subject: NICS proposed changes

Please see article beneath my signature for explanation.
My comments regarding the proposed changes are as follows:

1. The Bill of Rights has no "ifs", "buts" or "ands" in the "2nd Amendment" (sic) deliberately, and for a specific purpose. That purpose is to prevent government from INFRINGING on the RIGHT to keep and bear arms by denying, restricting or regulating that right under color of law. Accordingly, the so-called "Brady Act", including especially the NICS check is illegal, hence invalid. Therefore, any records involved are also illegal under the "fruit of the poisoned tree" concept currently accepted in modern jurisprudence. FWIW, careful inspection of this test (poisoned tree) reveals that it is NOT limited in application toward evidence, but to ALL aspects of law.

2. The so-called "Brady Act", by inclusion of the NICS check also violates the 4th, 5th, 9th and 10th "Amendments" (sic). Accordingly, creation of, possession of, and retention of any records, or inclusion of them in any database that identify a citizen as a buyer, possessor, or bearer of arms is illegal, hence invalid.

3. Various legislative acts relevant to privacy forbid the retention of personal and private data on citizens by ANY branch of Government for ANY reason, absent the citizen's express permission.

How can ANY retention of records relevant to the issue be LEGAL if the very act such retention is based on is illegal? Even despite the clear illegality of the NICS check itself, retention of the information for ANY length of time is illegal and unacceptable. Such clearance MUST be deleted COMPLETELY and immediately upon issuance of "approval", or determination that the sale is not preventable under applicable "laws".

Please include my comments in your summary to be provided to the so-called "Justice" Department.

Many thanks to you and the NSSF for your efforts to collect and present comments to the "Justice" Department prior to their proposed changes in procedure regarding this issue.

George Harris
Phoenix, AZ


"Molon labe!"


National Shooting Sports Foundation and the National Association of Firearm Retailers to Comment on NICS System

Attorney General John Ashcroft and the Department of Justice are seeking public comment on the NICS System.

As part of its proposed rule change on the records retention practices of the National Instant Criminal Background Check System, the U.S. Dept. of Justice is seeking public input on this and a number of other proposed changes to the system. The changes, according to DOJ will "balance the legitimate privacy interests of law-abiding firearms purchasers and the Department's obligation to enforce the Brady Act and the Gun Control Act to prevent prohibited persons from purchasing firearms."

The primary change concerns reducing from 90 days to one day the time that the FBI retains in its computers any record of approved firearm transactions. After 24 hours, all such records must be destroyed. This requirement, however impacts other NICS operations including the Bureau of Alcohol, Tobacco & Firearms retention and use of NICS audit logs in conjunction with specific inspections of federally licensed firearm dealers. The DOJ proposes that ATF would be allowed to retain records for 90 days under specific inspection circumstances. Another change concerns creating a new category of "unresolved" transactions. These are transactions that, after three business days, NICS has failed to determine if the sale is prohibited or not but the gun dealer may "proceed" and legally complete the sale. In order to continue researching the transaction, NICS will not be required to destroy those records within 24 hours but will have 90 days to follow up. The change will not affect the dealer's ability to complete the transaction. Another proposed change creates a "Voluntary Appeals File" for individuals who are legally entitled to purchase firearms but who encounter wrongful delays or denials with the system. Under the proposal, such individuals could voluntarily provide NICS with specific identifying information that would be retained in the system to facilitate future transactions.

The comment period will be open till September 4th, 2001. Please send any specific concerns and suggestions you may have on these topics to NSSF/NAFR by Friday, August 24th. We will summarize and forward your comments with a letter outlining the issues, and your recommendations etc. to both the Attorney General and NICS.

Please send your comments to John Badowski, by Fax to 203.426.1087, or by email to

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