Issue: NICS Improvement Amendments Act of 2007

Impact: Legislation has been introduced to improve the automation and transmittal of criminal history disposition information and records related persons disqualified from possessing or receiving firearms, convicted of a misdemeanor crime of domestic violence, and “adjudicated mentally defective or committed to a mental institution” to Federal and State record repositories.

Position: State court leaders support exchange of criminal history information with other stakeholders in the criminal justice system.

Summary: The NICS Improvement Amendments Act of 2007 (HR 2640) would create new grant programs to assist state to improve the automation and transmittal of arrest and conviction records, court orders, and mental health adjudications or commitments to Federal and State record repositories. The bill provides both incentives and penalties for compliance with data transmittal requirements. One of the new grants programs is targeted specifically to state courts; HR 2640 would authorize $125 million/year for each of the fiscal years 2008 – 2010 for state courts. HR 2640 would also require states to states to establish a Relief from Disabilities program, whereby persons adjudicated mentally defective or committed to a mental institution would be permitted to apply to the State for relief from the disabilities for purposes of firearms eligibility. As part of the Relief for Disabilities program, state courts would be required to make the determinations on whether or not the relief should be granted and permit de novo judicial review when relief is denied

Status: Representative Carolyn McCarthy (D-NY) has introduced a series of bills over the last few years in an effort to improve the reporting to the National Instant Criminal Background Check System (NICS). Most recently, she introduced HR 2640, the NICS Improvement Act of 2007 on 6/11/07. The bill by-passed the House Judiciary Committee and went straight to the House floor, where it was approved by a voice vote on 6/13/07. The momentum was fueled by a desire to respond to the VA Tech violence.

Senator Patrick Leahy (D-VT) introduced the School Safety and Law Enforcement Improvement Act of 2007 (S 2084) on 9/2107. The Senate Judiciary Committee reported the bill favorably the same day. The background check provision, backed by gun control groups and the National Rifle Association (NRA), would make more electronic data available to states for checking the criminal and mental health records of people who want to purchase guns. Compared with the House bill, the Senate version would provide more money to states and more time to comply with the new requirements before facing penalties, and would shorten the period of time that records would be searched. The Senate approved HR 2640 with amendments on 12/19/07 and the House concurred on the same date. The President signed the bill on 1/8/08 making it PL 110-180. The authorization for the state court grant program is for $62.5 million in FY 09, FY 12, and FY 13 and $125 million in FY 10 and FY 11. Efforts are needed to secure an appropriation to support the authorization.