TICS Issues
Over at my blog I address some of the problems with TICS, and background systems in general. Sqeaky has been having some problems getting her Springfield XD because the system has been down. In this case, I’m glad she’s just getting a gun because she wants one, and not because she needs one. If the anti-gun folks want to have some reasonable dialog, let’s talk about how infringing even instant background checks are if you are a law abiding person who suddenly finds themselves in a situation where they need to provide for their own security in a hurry, and the systems are down.
I’ll be the first to agree that instant background checks are much preferred over a waiting period, but let’s not pretend there’s no argument at all as to the degree they are infringing on people’s fundamental rights. The background check is a prior restraint, after all.
August 15th, 2007 at 4:12 pm
Doesn’t TN have a rule that says if you don’t get an answer within X period of time (NICS standard is 3 days), you get your gun?
Wasn’t the “approval if system down for X amount of time” part of the bill that brought it into existence to prevent the excuse of the system being down becoming a defacto prohibition on gun ownership?
I know in Virginia, if NICS is down for 3 days, you get your gun after that regardless of the answer that comes back later. From there, they’ll have to use legal channels to seize your gun if it comes back “Denied” after 3 days and you took the gun home. The dealer cannot be held liable. Furthermore, I don’t think you can be charged with illegal possession since the default approval from NICS serves as an affirmative defense (hey, the law says I could have it). In a just world, all you would have to do is turn in the gun and accept it as an honest mistake.
The purpose for this logic in the Instant Check system was to act as an encouragement to a) keeping the damn system up and running and b) not be used as anything other than a speedbump in purchasing a gun (as a “reasonable restriction”) and not be used as a tool of the gun banners to find a way to keep the system non-functional.
What is TN’s rule with regard to this in their background check system? Even here in Maryland, if 8 days elapsed without an answer of “Not Disapproved” by the State Police, you are supposed to be allowed to take your gun home. Some dealers won’t let you, though and this is a violation of the law (a case of dealers not knowing the law).
August 15th, 2007 at 4:15 pm
That’s the case in PA. My opinion is that if the system is down, you get the gun. People shouldn’t be punished for the government’s fuck-ups. Sure, that could mean a criminal walks out with a gun, but that’s the incentive to keep the system operating. If the government thinks background checks are so important, they can invest the money to make a database system that never goes down. When was the last time you couldn’t buy something off amazon because the system was down? Thought so.
August 15th, 2007 at 5:00 pm
Tennessee (as well as California, Colorado, Georgia, Nevada, Hawaii, Connecticut, Utah, and Pennsylvania) will only sell guns after the checks are completed, making it fairly easy for the instant check to also be a complete block — particularly since you can only appeal the NICS and TICS results after you’re denied (and only within thirty days of that denial).
It’s a really stupid system, since not only do the software databases tend to have issues but a good majority of records are never put into the software and thus have to be dug through manually. It’s not quite as bad as a generic waiting period for most folk, but it’s still ugly for those who need or want to defend themselves.
August 15th, 2007 at 5:13 pm
I guess I should also note that I’m of the opinion that, if we can’t trust them with a gun, we can’t trust them in public.
Premeditated murder is easy, even without a gun. As you read this you’re sitting within range of the materials needed to make thermite, a reasonably deadly electrical device, and the necessary parts to make a directed laser powerful enough blind someone in milliseconds.