Other states also defend use of databases to track gun buyers

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Desertdog

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Authorities use the information to investigate gun trafficking and other crimes
How many gun crimes, such as robbry, murder and assault, do you believe have been solved using this this data base?

Other states also defend use of databases to track gun buyers
http://www.suntimes.com/output/news/cst-nws-gun09.html

April 9, 2004
BY FRANK MAIN Crime Reporter

Illinois is not alone among states worrying that a federal clampdown on their use of gun-buyer records could thwart cops from catching criminals.

On Wednesday, Gov. Blagojevich sent a letter to U.S. Attorney General John Ashcroft expressing concerns over a federal law that could force Illinois to destroy a database containing 2.15 million records of gun transactions. Authorities use the information to investigate gun trafficking and other crimes.

Last month, California Attorney General Bill Lockyer wrote Ashcroft criticizing the Justice Department for ordering the state to stop using the National Instant Criminal Background Checks System to identify people barred from owning guns.

"We find this restriction to be contrary to public and officer safety," Lockyer wrote.

State officials in Illinois and California say Ashcroft -- an ardent believer in the Second Amendment right to bear arms -- has been overzealous in his efforts to protect the privacy of gun buyers.

But Justice Department spokeswoman Monica Goodling said Ashcroft is simply enforcing federal law "consistently and vigorously."

Illinois, California and 22 other states process background checks and feed the information into NICS. The FBI does the checks for the other 26 states.

Since the NICS system was launched in 1998, the FBI has been required under the Brady Act to destroy the records within 90 days. In January, Congress narrowed that window to 24 hours.

The Justice Department has warned states they cannot keep long-term databases of gun-buyer records unless they pass state legislation to do so.

California, Oregon, Michigan, Maryland, Connecticut and Wisconsin have approved laws allowing them to hold on to the records, said Abby Ottenhoff, a Blagojevich spokeswoman. Illinois does not have such a law, but Blagojevich will seek legislation to keep the data for 10 years, she said.

The federal government ordered Illinois in September to destroy old records or risk a loss of federal funds for background checks, Ottenhoff said. The warning came after an audit of the state system, she said.

In California's disputed program, the state uses the NICS system to conduct follow-up investigations of felons, mentally ill people and others blocked from buying a gun during a background check.

California authorities check the state's gun-buyer database to see if the prohibited person previously bought a weapon legally. If so, the state tries to seize the gun.

California also uses the records to see if police should return a weapon confiscated from an arrested person.

The Justice Department is refusing to participate in any investigations stemming from a search of NICS information, said Hallye Jordan, a spokeswoman for Lockyer.

"We believe the Brady Act does allow us to use NICS to enforce these laws," Jordan said.
 
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