Gun Laws & Legislation

FBI has 5,216,732 illegal alien records in gun background check system

Mike Piccione
Editor, Guns & Gear

 

The Federal Bureau of Investigation’s National Instant Criminal Background Check System (NICS) is reporting that they have records on 5,216,732 illegal or unlawful aliens. These records are kept under the “Prohibited Category Description” of those in the United States that are not allowed to purchase a firearm.

The NICS background check system was implemented by the Federal Bureau of Investigation on November 30, 1998. The data reported are a compilation from the program’s implementation to December 31, 2012.

Total active records in the NICS Index for individuals in the “Prohibited Category Description” are 8,323,931.

Since the start of the NICS program the organization has performed 160,474,702 background checks. As a result of those checks the FBI has declined 11,974 illegal/unlawful aliens from purchasing a firearm.

A phone call to the NICS call center to ask if the NICS system is used by the FBI to communicate immigration status to U.S. Immigration and Customs Enforcement (ICE), a Department of Homeland Security organization, resulted in being put on hold for 98 minutes before the call was terminated.

According to FBI.gov, if a Federal Firearms Licensed dealer (FFL) requests a background check on an individual that is not in the NICS system “If no matching records are returned by any of the databases, the transaction is automatically proceeded.”

“Currently there is no consistent state-by-state policy of notifying local authorities that an illegal or unlawful alien or a fugitive from justice is trying to purchase a firearm” according to one high-volume Virginia gun dealer. “In Virginia, the State Police are notified and they make the determination if they are going to respond to the prohibited individual with legal action. Not all states use the NICS.”

According to the FBI.gov website “NICS is located at the FBI’s Criminal Justice Information Services Division in Clarksburg, West Virginia. It provides full service to FFLs in 30 states, five U.S. territories, and the District of Columbia.”

The NICS system can tell an FFL if someone is ineligible to purchase a firearm but they have yet to put a system in place to apprehend the individual that is known to be in this country illegally or a current fugitive of justice.

 

Active Records in the NICS Index – Prohibited Category Description, November 30, 1998 – December 31, 2012

Rank, Subcategory, Total (Percent of total)

1. Illegal Unlawful Alien – 5,216,732 (62.66% of total records).

2.  Adjudicated Mental Health – 1,821,217 (21.88% of total records).

3. Convicted of a crime punishable by more than one year or a misdemeanor punishable by more than two years – 727,255 (8.74% of total records).

4. Fugitive from Justice – 378,463 (4.55% of total records).

5. Misdemeanor Crime of Domestic Violence Conviction – 90,199 (1.08% of total records).

6. Federally Denied Persons File – 34,746 (0.42% of total records).

7. Renounced U.S. Citizenship – 20,654 (0.25% of total records).

8. Unlawful User/Addicted to a Controlled Substance – 18,174 (0.22% of total records).

9. Dishonorable Discharge 10,163 – (0.12% of total records).

10. Protection/Restraining Order for Domestic Violence – 4,101 (0.05% of total records).

11. State Prohibitor – 1,362 (0.02% of total records).

12. Under Indictment/Information – 865 (0.01% of total records).

Total Active Records in the NICS Index 8,323,931 (100.00% of total records)

 

Federal Denials – Reasons why the NICS Section denies a firearm purchase, November 30, 1998 – December 31, 2012

Rank, Subcategory, Total (Percent of total)

1. Convicted of a crime punishable by more than one year or a misdemeanor punishable by more than two years – 577,814 (58.51% of total records).

2. Misdemeanor Crime of Domestic Violence Conviction – 101,393 (10.27% of total records).

3. Fugitive from Justice – 94,478 (9.57% of total records).

4. Unlawful User/Addicted to a Controlled Substance – 80,987 (8.20% of total records).

5. State Prohibitor – 42,761 (4.33% of total records).

6. Protection/Restraining Order for Domestic Violence – 42,459 (4.30% of total records).

7. Under Indictment/Information – 19,287 (1.95% of total records).

8. Illegal/Unlawful Alien – 11,974 (1.21% of total records).

9. Adjudicated Mental Health – 10,180 (1.03% of total records).

10. Federally Denied Persons File – 5,481 (0.55% of total records).

11. Dishonorable Discharge – 707 (0.07% of total records).

12. Renounced U.S. Citizenship – 57 (0.01% of total records).