U.S. Sens. John Cornyn (R-TX), Tim Scott (R-SC), Orrin Hatch (R-UT) and Dean Heller (R-NV) have introduced the bipartisan Fix NICS Act to ensure that federal and state agencies follow current law on accurately reporting information on criminals to the National Instant Criminal Background Check System (NICS).
Specifically, S. 2135 would require federal and state NICS implementation plans; penalize federal agencies that fail to properly report criminal histories; authorize increased federal funds to support accurate reporting of domestic violence records; and reward states that improve and comply with their overall NICS reporting plans, among other provisions included in the bill.
“Just one record that’s not properly reported can lead to tragedy, as the country saw … in Sutherland Springs, Texas,” said Cornyn, referencing the recent mass shooting of more than two dozen members attending services on Nov. 5 at the First Baptist Church. The gunman, previously convicted by a general court-martial on two domestic assault charges while serving in the U.S. Air Force, had purchased guns after the Air Force failed to enter the man’s criminal history into the national database, subsequently allowing him to pass firearms background checks.
Cornyn said last week that S. 2135 “aims to help fix what’s become a nationwide, systemic problem” by better preventing criminals and domestic abusers from obtaining firearms.
“As we tragically found out … we know the devastation that can manifest if gaps in reporting allow a madman with a criminal history to obtain a weapon,” Sen. Scott said. “While we cannot legislate against pure evil, we most certainly should do all we can to ensure these individuals do not have access to any type of firearm.”
Such criminals include felons, fugitives, drug addicts, persons with serious mental illnesses and other prohibited persons, said Sen. Hatch, who called the proposal a common sense solution that closes the reporting hole in NICS “by facilitating better information-sharing to prevent the sale of arms to those who would do us harm,” he said.
Sen. Heller added that it’s critical that the nation fully enforce existing laws because federal agencies for years have failed to properly upload criminal history records to NICS.
“We cannot enter the mind of a madman or pass a bill to eradicate evil from our society, but we can make sure that the systems we already have in place to stop a horrific tragedy are working – and this bill will help make sure of it,” said Heller.
The measure already has gained support from the National Rifle Association, National Shooting Sports Foundation, Fraternal Order of Police, National Sheriffs’ Association, National Network to End Domestic Violence, and National Coalition Against Domestic Violence.
S. 2135, introduced on Nov. 15, currently has 13 cosponsors and has been referred to the Senate Judiciary Committee. Original cosponsors of the bill include Sens. Chris Murphy (D-CT), Richard Blumenthal (D-CT), Dianne Feinstein (D-CA) and Jeanne Shaheen (D-NH).