NICS Command Center

      It is to the point now when any statement made by President Bill Clinton, regardless of the topic, seems to automatically warrant scrutiny for truth and accuracy. And when firearms are the topic, the truth is virtually guaranteed to be a casualty. The President stayed true to form on Saturday, Dec. 5, when he made his weekly radio address to the nation, sacrificing the truth in order to promote his anti-Second Amendment agenda. The subject of Clinton's address was the "success" of the new National Instant Check System (NICS), which also afforded him the opportunity to fire shots at NRA concerning our recent suit over FBI's retaining records on lawful gun purchasers -- but he wildly missed his mark. Clinton's address also gave him the opportunity to announce what NRA warned would be coming -- the Clinton-Gore Administration will now work to enact a nationwide waiting period on handgun purchases.

      The Administration's claims of the "successes" of NICS are greatly overstated, as more problems seem to crop up every day. In a press paper released by the White House to coincide with the radio address, the claim was made that NICS directly handled more than 62,000 requests for background checks during its first four days of operation, 76% of which they claim were processed within minutes. However, as we reported in last week's FAX Alert (Vol. 5, No. 48), NICS "crashed" on its first day, as well as on days two and three, leaving the system incapable of processing anything while it was down. There is no way of knowing how many law-abiding citizens have not been able to purchase a firearm because of the failures of NICS to operate smoothly and efficiently. Additionally, the reference to checks being "processed within minutes" includes "denied" AND "delay" responses. Possible flaws within NICS -- which include unacceptable delays, system "crashes," and inaccurate responses -- must be addressed before even attempting to call it a success.

      But Clinton's statements during his address regarding NRA represent his greatest exercise in misinformation. Referring to NRA's lawsuit to stop the FBI from illegally registering law- abiding citizens whose firearm purchases are not denied through the NICS, he characterized our efforts as an attempt to "stop the new system [NICS]." This could not be further from the truth. It was NRA that originally promoted a national instant check as an alternative to a permanent five-day waiting period on handgun transfers made through Federal Firearms License (FFL) holders. In fact, proponents of the original Brady bill threatened to kill the legislation because of the transition to instant check requirement. Our actions are intended to stop the FBI from intruding into the private lives of law-abiding citizens, and to ensure that the government obeys the law, just as American citizens -- and even presidents -- are expected to do.

      And now, the Clinton-Gore Administration has unveiled its intention of promoting a national waiting period, as well as continuing its attacks on gun shows. Clinton stated that he will urge Congress to pass legislation that requires a waiting period on all handgun transfers. He further reiterated his intent to ensure that "firearms sold at gun shows are not exempt from background checks." The President should be reminded that FFL holders are subject to the same laws at gun shows as they are at their permanent place of business. In other words, all transfers through FFL holders must still go through a NICS check. The Administration knows this, and any efforts directed at gun shows can only be interpreted as an attempt to attack private citizens who wish to sell their own, personal firearms. Please call your U.S. Senators and Representative at (202)224-3121 and urge them to oppose the Clinton-Gore Administration's attempts to pass legislation requiring a permanent waiting period. Also, if you are interested in up-to-date information on which states will act as a point of contact (POC) for NICS, in which states FFL holders will contact the FBI directly, or in which states a valid permit will exempt a firearm purchaser from being subject to a NICS check, please call NRA-ILA's Grassroots Division at (800)392-8683. This information is subject to change as states modify their regulations on firearm purchases and the issuing of permits.

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This information is provided as a service of the National Rifle Association Institute for Legislative Action, Fairfax, VA.

This and other information on the Second Amendment and the NRA is available at: http://WWW.NRA.Org