121 STAT. 2560
PUBLIC LAW 110–180—JAN. 8, 2008 if the Federal Bureau of Investigation (FBI) does not have automated access to complete information from the States concerning persons prohibited from possessing or receiving a firearm under Federal or State law. (4) Nearly 21,000,000 criminal records are not accessible by NICS and millions of criminal records are missing critical data, such as arrest dispositions, due to data backlogs. (5) The primary cause of delay in NICS background checks is the lack of— (A) updates and available State criminal disposition records; and (B) automated access to information concerning persons prohibited from possessing or receiving a firearm because of mental illness, restraining orders, or misdemeanor convictions for domestic violence. (6) Automated access to this information can be improved by— (A) computerizing information relating to criminal history, criminal dispositions, mental illness, restraining orders, and misdemeanor convictions for domestic violence; or (B) making such information available to NICS in a usable format. (7) Helping States to automate these records will reduce delays for law-abiding gun purchasers. (8) On March 12, 2002, the senseless shooting, which took the lives of a priest and a parishioner at the Our Lady of Peace Church in Lynbrook, New York, brought attention to the need to improve information-sharing that would enable Federal and State law enforcement agencies to conduct a complete background check on a potential firearm purchaser. The man who committed this double murder had a prior disqualifying mental health commitment and a restraining order against him, but passed a Brady background check because NICS did not have the necessary information to determine that he was ineligible to purchase a firearm under Federal or State law. (9) On April 16, 2007, a student with a history of mental illness at the Virginia Polytechnic Institute and State University shot to death 32 students and faculty members, wounded 17 more, and then took his own life. The shooting, the deadliest campus shooting in United States history, renewed the need to improve information-sharing that would enable Federal and State law enforcement agencies to conduct complete background checks on potential firearms purchasers. In spite of a proven history of mental illness, the shooter was able to purchase the two firearms used in the shooting. Improved coordination between State and Federal authorities could have ensured that the shooter’s disqualifying mental health information was available to NICS.
SEC. 3. DEFINITIONS.
dkrause on GSDDPC44 with PUBLAW
As used in this Act, the following definitions shall apply: (1) COURT ORDER.—The term ‘‘court order’’ includes a court order (as described in section 922(g)(8) of title 18, United States Code).
VerDate Aug 31 2005
07:12 Jan 26, 2009