What is also consistent is that the weapons used were purchased legally. In fact, in the vast majority of mass shooting incidents, the firearms used were purchased legally, meaning the individual that obtained them passed all the state's rules and regulations and was cleared by the National Instant Background Check system NICS , a federal database mandated by the Brady Handgun Violence Prevention Act known as the "Brady Law" of , and created by the FBI in It was set up to determine if a potential gun or explosives buyer's name and birth year match those of someone ineligible by law to make the purchase.
Yet state participation in contributing to the NICS database is not mandatory because that would be an unconstitutional exercise of federal authority under the Tenth Amendment, and currently only 30 states actively participate. More than million such checks have been made since the NICS database went online in , resulting in more than 1. It provides full service to FFLs in just 30 states, five U. The FFLs have the following three methods of performing background checks depending upon the state in which the FFL is conducting business :.
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These include individuals with a felony criminal record, who have a history of mental health issues and who are prone to violence. Even the firearms industry generally agrees that NICS needs to be fixed. NICS is a data driven input system -- therefore it can only check what information is inputted into it. In many cases, states and others fail to input legally allowable information that would stop a "prohibited person" from passing the check.
Domestic violence, for example, is currently not a prohibitive crime in terms of the NICS protocol.
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While NICS attempts to be a robust system, some states fail to input the required information, according to the Washington Post. Even HIPAA -- the law prompted by the Health Insurance Portability and Accountability Act of and created to protect privacy and security of Americans' medical records -- inadvertently erected new barriers to accessing relevant health information -- and even, at time, after someone has demonstrated a clear propensity for violence.
Some members of Congress including Rep. Donald J. Mihalek is an ABC News contributor, retired senior Secret Service agent and regional field training instructor who also serves as the executive vice president of the Federal Law Enforcement Officers Association Foundation.
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Pence adviser on Ukraine call testifies in impeachment probe. Heineken becomes latest brewer to ditch plastic six-pack rings in UK. Stillborn baby had high levels of meth, mother charged with murder. Steyer's Iowa campaign political director denies money for endorsements claims. A crime could have been committed in another state and if only the state of Ohio is searched, those criminal records could be missed. Since these are unique patterns for each person, fingerprints are used as an identification tool. This practice was the standard for all fingerprinting until modern times when the electronic fingerprint scanning system was invented.
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