The Fix NICS Act of 2017! - The Legal Brief

Published on December 13, 2017
Duration: 11:38

The Fix NICS Act of 2017 aims to improve the National Instant Criminal Background Check System (NICS) by increasing accountability for federal, state, and tribal entities in submitting records of individuals prohibited from owning firearms. The bill introduces incentives for compliance, such as grant preferences for states, and penalties for non-compliance, including withholding bonus pay for political appointees. Concerns exist regarding the accuracy of reported data and potential due process violations.

Quick Summary

The Fix NICS Act of 2017 enhances the NICS system by mandating federal, state, and tribal agencies to submit records of prohibited persons. It uses incentives like grant preferences for states and penalties like withholding bonus pay for non-compliant federal political appointees to ensure data accuracy and completeness.

Chapters

  1. 00:00Introduction to The Legal Brief & Fix NICS Act
  2. 00:48NRA Board of Directors Ballot & Website Promotion
  3. 01:06House Passage of Concealed Carry Reciprocity & Fix NICS
  4. 01:23Concerns: Fix NICS as a Trojan Horse
  5. 01:36Legislative Process: House to Senate to Conference
  6. 02:36What the Fix NICS Act Actually Says: Section 2 (Federal Accountability)
  7. 03:05Record Submission Requirements for Prohibited Persons
  8. 03:41Addressing Non-Compliance: Penalties and Accountability
  9. 03:59Attorney General's Semiannual Report on Non-Compliance
  10. 04:25Financial Penalties for Political Appointees
  11. 05:01Section 3: Reauthorization of NICS Act Record Improvement Program
  12. 05:09Domestic Abuse and Violence Prevention Initiative
  13. 05:24Section 4: Reauthorization of National Criminal History Improvement Program
  14. 05:30Integration of Criminal Record Systems
  15. 06:04State and Tribal Government Requirements
  16. 06:20Carrot and Stick Approach for States: Grants
  17. 06:37Bureau of Justice Statistics Report: Bump-Fire Stocks
  18. 06:56Representative Massie's Alarms: Senators Feinstein & Schumer
  19. 07:12Incentives for Introducing Names into NICS Database
  20. 07:29Social Security Administration & Veterans Administration Reporting Issues
  21. 08:05Veterans' Second Amendment Rights and Due Process
  22. 08:16Will Fix NICS Increase Problematic Reporting?
  23. 08:26Unpaid Traffic Tickets and Fugitive from Justice Status
  24. 09:22Bottom Line: Incentives and Penalties
  25. 10:02Concerns: Accuracy of Reported Records & False Positives
  26. 10:32Links to NRA, GOA, Rep. Massie's Stances
  27. 10:41Database Reliability and Personal Stance on Fix NICS
  28. 10:50Personal Opinion: Separate Votes for Reciprocity and Fix NICS
  29. 11:00Call to Action: Share, Like, Subscribe
  30. 11:08Facebook Group & Website Promotion

Frequently Asked Questions

What is the primary goal of the Fix NICS Act of 2017?

The Fix NICS Act of 2017 aims to improve the National Instant Criminal Background Check System (NICS) by increasing accountability for federal, state, and tribal entities to submit records of individuals prohibited from owning firearms. This ensures more complete data in the NICS database.

How does the Fix NICS Act incentivize compliance from government agencies?

At the federal level, political appointees in non-compliant agencies may lose eligibility for bonus pay. For states and tribal governments, compliance leads to preference for federal grant money, while non-compliance can make obtaining grants more difficult.

What are the main concerns raised about the Fix NICS Act?

Concerns include the potential for inaccurate record submissions leading to false positives, the risk of individuals being prohibited without due process (e.g., for minor offenses like unpaid tickets), and the possibility of the act being used to expand prohibited categories beyond legislative intent.

Does the Fix NICS Act introduce new categories of prohibited persons?

The Act itself does not create new categories of prohibited persons. Instead, it focuses on ensuring that existing records of individuals who are already prohibited under federal law, such as those with felony convictions or domestic violence records, are accurately and completely submitted to the NICS system.

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