Background Checks Blocked 136,000 Gun Purchases in 2002
Press Release
Bureau of Justice Statistics
U.S. Department of Justice
810 Seventh Street, NW
Washington, DC 20531
www.ojp.usdoj.gov
Contact:
Stu Smith
Phone: 202-307-0784
Washington, DC The National Instant Criminal Background Check System
last year rejected 136,000 applications from among the more than 7.8
million applications to buy or transfer a firearm -- a 1.7 percent
rejection rate -- the Justice Department's Bureau of Justice Statistics
(BJS) announced today.
Since the inception of the system, mandated by the Brady Handgun Violence
Prevention Act, approximately 976,000 of the 45.7 million background
checks resulted in rejections -- an aggregate rejection rate of 2.1
percent during the period.
The Act requires that a background check be conducted by the FBI or a
state agency prior to the transfer of a firearm from a federally licensed
dealer to a purchaser. The Act established the National Instant Criminal
Background Check System (or NICS) in which about half the checks
nationwide are conducted by the FBI and half by state agencies. In May
2003, the FBI reported that under a new process for conducting the checks
implemented in mid-2002, an immediate determination of applicant
eligibility to purchase a firearm is now occurring in more than 90 percent
of background queries.
The national background check system has experienced substantial
improvement in the ability to detect prohibited purchasers for reasons
other than a felony conviction background. In 2002, for the first time
since the Act became effective in 1994, more prospective firearms
purchasers were rejected for reasons other than a felony conviction
history (52 percent) than those rejected for having a prior felony
conviction (48 percent). The most common reason for denial for a
non-felony background was having a prior conviction for a misdemeanor
offense involving domestic violence.
The Federal Gun Control Act, 18 U.S.C. Section 922, prohibits the
transfer of a firearm to a person who: is under indictment for or has been
convicted of a crime punishable by imprisonment for more than one year
is a fugitive from justice
is an unlawful user or is addicted to any controlled substance
has been adjudicated as a mental defective or committed to a mental
institution
is an illegal alien or has been admitted to the United States under a
non-immigrant visa
was discharged from the U.S. military service under dishonorable
conditions
has renounced U.S. citizenship
is subject to a court order restraining him or her from harassing,
stalking or threatening an intimate partner or child.
has been convicted in any court of a felony or misdemeanor crime of
domestic violence.In addition, the statute makes it unlawful for any
licensed importer, manufacturer, dealer or collector to transfer a long
gun to a person younger than 18 years old or any other type of firearm to
a person less than 21 years old.
During 2002 all states had databases that recorded past felony convictions
and many had data on other disqualifying factors. States differ on the
degree of automation in record searching and whether records are in a
central database or in databases maintained by county courts or other
state or local agencies.
BJS surveys indicate that since the initiation of the Act states have made
substantial gains in the quality and accuracy of criminal history records
and the ability to share information. A firearms background check today
consists of an ability to instantly access and review up to 53 million
records held by the FBI and by state records repositories. (See "Improving
Criminal History Records for Background Checks.")
The publication "Background Checks for Firearm Transfers, 2002"
(NCJ-200116) was written by Matthew J. Hickman and Devon B. Adams, of BJS,
and Michael Bowling and Gene Lauver, of the Regional Justice Information
Service. Single copies may be obtained by calling the BJS Clearinghouse at
1-800-851-3420. After release, electronic versions can be accessed at:
www.ojp.usdoj.gov/bjs/abstract/bcft02.htm
For additional information about Bureau of Justice Statistics statistical
reports programs, please see the BJS website at: www.ojp.usdoj.gov/bjs
Date of Release: September 17, 2003
Press Release
Bureau of Justice Statistics
U.S. Department of Justice
810 Seventh Street, NW
Washington, DC 20531
www.ojp.usdoj.gov
Contact:
Stu Smith
Phone: 202-307-0784
Washington, DC The National Instant Criminal Background Check System
last year rejected 136,000 applications from among the more than 7.8
million applications to buy or transfer a firearm -- a 1.7 percent
rejection rate -- the Justice Department's Bureau of Justice Statistics
(BJS) announced today.
Since the inception of the system, mandated by the Brady Handgun Violence
Prevention Act, approximately 976,000 of the 45.7 million background
checks resulted in rejections -- an aggregate rejection rate of 2.1
percent during the period.
The Act requires that a background check be conducted by the FBI or a
state agency prior to the transfer of a firearm from a federally licensed
dealer to a purchaser. The Act established the National Instant Criminal
Background Check System (or NICS) in which about half the checks
nationwide are conducted by the FBI and half by state agencies. In May
2003, the FBI reported that under a new process for conducting the checks
implemented in mid-2002, an immediate determination of applicant
eligibility to purchase a firearm is now occurring in more than 90 percent
of background queries.
The national background check system has experienced substantial
improvement in the ability to detect prohibited purchasers for reasons
other than a felony conviction background. In 2002, for the first time
since the Act became effective in 1994, more prospective firearms
purchasers were rejected for reasons other than a felony conviction
history (52 percent) than those rejected for having a prior felony
conviction (48 percent). The most common reason for denial for a
non-felony background was having a prior conviction for a misdemeanor
offense involving domestic violence.
The Federal Gun Control Act, 18 U.S.C. Section 922, prohibits the
transfer of a firearm to a person who: is under indictment for or has been
convicted of a crime punishable by imprisonment for more than one year
is a fugitive from justice
is an unlawful user or is addicted to any controlled substance
has been adjudicated as a mental defective or committed to a mental
institution
is an illegal alien or has been admitted to the United States under a
non-immigrant visa
was discharged from the U.S. military service under dishonorable
conditions
has renounced U.S. citizenship
is subject to a court order restraining him or her from harassing,
stalking or threatening an intimate partner or child.
has been convicted in any court of a felony or misdemeanor crime of
domestic violence.In addition, the statute makes it unlawful for any
licensed importer, manufacturer, dealer or collector to transfer a long
gun to a person younger than 18 years old or any other type of firearm to
a person less than 21 years old.
During 2002 all states had databases that recorded past felony convictions
and many had data on other disqualifying factors. States differ on the
degree of automation in record searching and whether records are in a
central database or in databases maintained by county courts or other
state or local agencies.
BJS surveys indicate that since the initiation of the Act states have made
substantial gains in the quality and accuracy of criminal history records
and the ability to share information. A firearms background check today
consists of an ability to instantly access and review up to 53 million
records held by the FBI and by state records repositories. (See "Improving
Criminal History Records for Background Checks.")
The publication "Background Checks for Firearm Transfers, 2002"
(NCJ-200116) was written by Matthew J. Hickman and Devon B. Adams, of BJS,
and Michael Bowling and Gene Lauver, of the Regional Justice Information
Service. Single copies may be obtained by calling the BJS Clearinghouse at
1-800-851-3420. After release, electronic versions can be accessed at:
www.ojp.usdoj.gov/bjs/abstract/bcft02.htm
For additional information about Bureau of Justice Statistics statistical
reports programs, please see the BJS website at: www.ojp.usdoj.gov/bjs
Date of Release: September 17, 2003
