Gun Control: Opportunities to Close Loopholes in the National Instant Criminal Background Check System

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DIANE Publishing, 2002 - Law - 63 pages
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Provides info. on states' firearms-related laws & procedures involving restoration of gun ownership rights, permits for concealed carry of firearms, & convictions for domestic violence. The Nat. Instant Crim. Background Check System (NICS) -- used by the FBI & states to perform presale firearms background checks -- relies on searching state criminal history records to prevent the sale of firearms to prohibited persons. The states' firearms-related laws & procedures may affect how such records are used by NICS in preventing the sale of firearms to persons who are ineligible under applicable laws. This report presents info. on: restoration of gun ownership rights; handgun concealed carry permits; & domestic violence misdemeanor convictions.

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Page 41 - Except as provided in subparagraph (C), the term "misdemeanor crime of domestic violence" means an offense that — (i) is a misdemeanor under Federal or State law; and (ii) has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent,...
Page 6 - What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms. (21)...
Page 68 - ... (ii) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights...
Page 28 - Agency Comments and Our Evaluation We requested comments on a draft of this report from the Secretary of the Treasury and the Commissioner of Customs.
Page 29 - Justice also suggested some technical changes to the report, which we made as appropriate. We are sending copies of this report to the Attorney General.
Page 5 - Constitution; the right to vote, the right to hold public office and the right to seek and find employment in any national, state, or municipal post for which I was qualified.
Page 6 - ... (II) was issued not more than 5 years earlier by the State in which the transfer is to take place; and "(ii) the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a handgun by the transferee would be in violation of...
Page 7 - Gun Control: Options for Improving the National Instant Criminal Background Check System, GAO/GGD-00-56 (Washington, DC: Apr.
Page 22 - Use and Management of Criminal History Record Information: A Comprehensive Report, 2001 Update, 2001, p.
Page 30 - Laurie E. Ekstrand Director, Justice Issues Appendix I Objectives, Scope, and Methodology Our...

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