More NICS Improvement info -Just FYI
I just received it in an email and will post it here just for any interest that might be generated.
FROM THE NRA:
Senate Passes NICS Improvement Act
After months of careful negotiation, pro-gun legislation was passed through Congress today. The National Rifle Association (NRA) worked closely with Senator Tom Coburn (R-Okla.) to address his concerns regarding H.R. 2640, the National Instant Check System (NICS) Improvement Act. These changes make a good bill even better. The end product is a win for American gun owners.
The NICS Improvement Act does the following:
Permanently prohibits the FBI from charging a "user fee" for NICS checks.
Requires all federal agencies that impose mental health adjudications or commitments to provide a process for "relief from disabilities." Extreme anti-gun groups like the Violence Policy Center and Coalition to Stop Gun Violence have expressed "strong concerns" over this aspect of the bill-surely a sign that it represents progress for gun ownership rights.
Prevents reporting of mental adjudications or commitments by federal agencies when those adjudications or commitments have been removed.
Requires removal of expired, incorrect or otherwise irrelevant records. Today, totally innocent people (e.g., individuals with arrest records, who were never convicted of the crime charged) are sometimes subject to delayed or denied firearm purchases because of incomplete records in the system.
Provides a process of error correction if a person is inappropriately committed or declared incompetent by a federal agency. The individual would have an opportunity to correct the error-either through the agency or in court.
Prevents use of federal "adjudications" that consist only of medical diagnoses without findings that the people involved are dangerous or mentally incompetent. This would ensure that purely medical records are never used in NICS. Gun ownership rights would only be lost as a result of a finding that the person is a danger to themselves or others, or lacks the capacity to manage his own affairs.
Improves the accuracy and completeness of NICS by requiring federal agencies and participating states to provide relevant records to the FBI. For instance, it would give states an incentive to report those who were adjudicated by a court to be "mentally defective," a danger to themselves, a danger to others or suicidal.
Requires a Government Accountability Office audit of past NICS improvement spending.
The bill includes significant changes from the version that previously passed the House, including:
Requires incorrect or outdated records to be purged from the system within 30 days after the Attorney General learns of the need for correction.
Requires agencies to create "relief from disabilities" programs within 120 days, to prevent bureaucratic foot-dragging.
Provides that if a person applies for relief from disabilities and the agency fails to act on the application within a year-for any reason, including lack of funds-the applicant can seek immediate review of his application in federal court.
Allows awards of attorney's fees to applicants who successfully challenge a federal agency's denial of relief in court.
Requires that federal agencies notify all people being subjected to a mental health "adjudication" or commitment process about the consequences to their firearm ownership rights, and the availability of future relief.
Earmarks 3-10% of federal implementation grants for use in operating state "relief from disabilities" programs.
Elimination of all references to Bureau of Alcohol, Tobacco, Firearms and Explosives regulations defining adjudications, commitments, or determinations related to Americans' mental health. Instead, the bill uses terms previously adopted by the Congress.
FROM THE NRA:
Senate Passes NICS Improvement Act
After months of careful negotiation, pro-gun legislation was passed through Congress today. The National Rifle Association (NRA) worked closely with Senator Tom Coburn (R-Okla.) to address his concerns regarding H.R. 2640, the National Instant Check System (NICS) Improvement Act. These changes make a good bill even better. The end product is a win for American gun owners.
The NICS Improvement Act does the following:
Permanently prohibits the FBI from charging a "user fee" for NICS checks.
Requires all federal agencies that impose mental health adjudications or commitments to provide a process for "relief from disabilities." Extreme anti-gun groups like the Violence Policy Center and Coalition to Stop Gun Violence have expressed "strong concerns" over this aspect of the bill-surely a sign that it represents progress for gun ownership rights.
Prevents reporting of mental adjudications or commitments by federal agencies when those adjudications or commitments have been removed.
Requires removal of expired, incorrect or otherwise irrelevant records. Today, totally innocent people (e.g., individuals with arrest records, who were never convicted of the crime charged) are sometimes subject to delayed or denied firearm purchases because of incomplete records in the system.
Provides a process of error correction if a person is inappropriately committed or declared incompetent by a federal agency. The individual would have an opportunity to correct the error-either through the agency or in court.
Prevents use of federal "adjudications" that consist only of medical diagnoses without findings that the people involved are dangerous or mentally incompetent. This would ensure that purely medical records are never used in NICS. Gun ownership rights would only be lost as a result of a finding that the person is a danger to themselves or others, or lacks the capacity to manage his own affairs.
Improves the accuracy and completeness of NICS by requiring federal agencies and participating states to provide relevant records to the FBI. For instance, it would give states an incentive to report those who were adjudicated by a court to be "mentally defective," a danger to themselves, a danger to others or suicidal.
Requires a Government Accountability Office audit of past NICS improvement spending.
The bill includes significant changes from the version that previously passed the House, including:
Requires incorrect or outdated records to be purged from the system within 30 days after the Attorney General learns of the need for correction.
Requires agencies to create "relief from disabilities" programs within 120 days, to prevent bureaucratic foot-dragging.
Provides that if a person applies for relief from disabilities and the agency fails to act on the application within a year-for any reason, including lack of funds-the applicant can seek immediate review of his application in federal court.
Allows awards of attorney's fees to applicants who successfully challenge a federal agency's denial of relief in court.
Requires that federal agencies notify all people being subjected to a mental health "adjudication" or commitment process about the consequences to their firearm ownership rights, and the availability of future relief.
Earmarks 3-10% of federal implementation grants for use in operating state "relief from disabilities" programs.
Elimination of all references to Bureau of Alcohol, Tobacco, Firearms and Explosives regulations defining adjudications, commitments, or determinations related to Americans' mental health. Instead, the bill uses terms previously adopted by the Congress.
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TR> 
<WayneL0 -
quote:Originally posted by dongizmo
TR><WayneL
This was funny the first 10 times you used it. [|)]0 -
good post TR 0 -
quote:Allows awards of attorney's fees to applicants who successfully challenge a federal agency's denial of relief in court.
Providing you have the money to fight it in the first place.0 -
quote:Originally posted by RugerNiner
quote:Allows awards of attorney's fees to applicants who successfully challenge a federal agency's denial of relief in court.
Providing you have the money to fight it in the first place.
Exactly...
The point remains that it did not need to be passed to begin with. You can highlight all the crap you want about the differences from earlier bills, but the fact remains that this is a bad bill that did not have to be passed...the NRA just decided to ram it down our throats.0 -
Here comes the spin from the NRA... 0 -
Been down to the legion hall to brag about your support of this yet? 0 -
FROM THE NRA:
you lost me right here at this line,,from there own I know its spin and bullsnot0 -
But what has the GOA done besides take money and whine about the NRA? 0 -
quote:Originally posted by Warpig883
But what has the GOA done besides take money and whine about the NRA?
They haven't pushed BS laws like this......0 -
quote:Originally posted by Warpig883
But what has the GOA done besides take money and whine about the NRA?
http://www.gunowners.org/a121307.htm0
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