Pudge
"No, they would continue to be wrong.
The FBI NICS check is instant as opposed to the previous five day waiting period. The misunderstanding is that "instant check" equals "instant proceed".
That and the fact that the overwhelming majority of NICS background checks are immediately given a "Proceed" makes this whole thread a bit silly.
For 2013, the FBI NICS Section achieved a 91.82 percent Immediate Determination Rate, surpassing the U.S. Attorney General-mandated goal of 90 percent or better."
If you think I'm equating instant check with instant proceed, we have a misunderstanding. I'm equating instant check with instant determination.
Well, being that 100% of FBI NICS transactions are immediately given a determination of Proceed, Delay or Denied......what is your point?
The dealer will be told that status within minutes on a phone call, immediately on Echeck.
It shows that in 2013 92% of NICS transaction were given a "Proceed" IMMEDIATELY.
Pudge
"Unfortunately I don't think there is a record somewhere that says "Billy-Bob is a good guy, give him a gun" which would generate an "Instant Proceed". What, more than likely, is "We can't find any records that says Billy-Bob isn't a good guy, so give him a gun". The problem is when they find several "Billy-Bob's" and at least one of them isn't a good guy or one or more of the record sources isn't available at the time. That will generate a "Delay" until they get it sorted out.
If they determine that the "Billy-Bob" being checked is a restricted person, then the "Deny" is issued."
None of this is in dispute. Billy-Bob did not receive an instant check (or determination), he received a delayed check (or determination).
The heck he didn't!
Do you even have the remotest idea about FBI NICS?
When a dealer runs the check he is given a Proceed, Delay or Denied
IMMEDIATELY!
Pudge ....What is the purpose of the NICS?
It replaced the five day waiting period mandated by the 1993 Brady Law.
Looking at 2010 numbers there were 6 million checks run, 72 thousand denials, and from those 72 thousand denials, there were 62 instances when charges were filed.
So denials were 1.2% of the checks, and of those people who were such of a threat to society that they needed to have their civil rights denied, only 1 out of every thousand were actually committing a crime when they tried to arm themselves.
Is there an actual problem that the NICS is solving?
At best it's an easily overcome hurdle for a prohibited person. If smart, they have a friend or relative buy the gun. If stupid, they try it themselves.
At worst it's an infringement on our Second Amendment rights.
Regarding 72,000 denials vs 62 charges being filed:
1. Not all denied buyers are felons/drug addicts/wife beaters.....it could be a Texas resident attempting to buy a handgun in Oklahoma or a nineteen year old trying to buy an AR lower........those situations should have never been called in to NICS, but do occur.
2. The US Attorney is the one who decides if charges are to be filed. My ATF IOI told me they refer numerous cases to the USAO.....and the US Attorney declines to prosecute. My guess is they have other more serious charges on that person and tacking on a attempted purchase of a firearm charge isn't really worth the trouble.
3. Not all denials remain denied. NICS has a appeal process.
