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THOMPSON, 163 BIPARTISAN MEMBERS OF CONGRESS URGE APPROPRIATORS TO PROVIDE FUNDSTO STRENGTHEN CRIMINAL BACKGROUND CHECK SYSTEM

March 23, 2016

WASHINGTON, D.C. – U.S. Reps. Mike Thompson (D-CA), Peter King (R-NY), Elizabeth Esty (D-CT), Mike Fitzpatrick (R-PA), Robin Kelly (D-IL), Patrick Meehan (R-PA), Bennie Thompson (D-MS), Robert Dold (R-IL), Marc Veasey (D-TX) and Daniel Donovan (R-NY) today led 163 of their colleagues in calling on appropriators to provide funds to strengthen the National Instant Criminal Background Check System (NICS), the database used to determine whether or not a prospective buyer is eligible to buy a firearm.

Right now, NICS is missing information and because of this, people who otherwise would not pass a background check can slip through the cracks and buy guns. The letter, signed by 149 Democrats and 14 Republicans, urged the House Appropriations Committee to provide $73 million for NICS in the House version of the Fiscal Year (FY) 2017 Commerce, Justice, Science (CJS) Appropriations bill. The funds would be used to help states improve data submissions to NICS.

“Criminals, domestic abusers and the dangerously mentally ill should not be able to get their hands on guns,” said Thompson. “And the only way to know if someone falls into one of those categories is to conduct a background check. But our national background check system is only as good as the data we put into it. These funds will help states upload information into the system so that prohibited purchasers don’t slip through the cracks.”

In January, President Barack Obama announced executive actions to reduce and prevent gun violence. The executive actions announced eliminate the ambiguity surrounding the term “engaged in the business” as it pertains to federally licensed firearms dealers. Under current law, only licensed gun dealers are required to perform background checks for all gun sales, and only those individuals deemed to be "engaged in the business" of dealing in guns are required to obtain a license from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The executive actions clarify the term to state that anyone making a profit from the sale of guns, regularly making gun sales, and/or earning their livelihood from gun sales is “engaged in the business” and therefore must obtain a license and conduct criminal background checks, even if at a gun show or over the internet.

As a result of the president's executive actions, it is expected that more sales will go through licensed dealers requiring background checks. Having the most up-to-date, comprehensive information in the system will ensure that these sales don't allow guns to get in the hands of people who should not have them.

In the previous Congress, Thompson passed a bipartisan amendment which increased NICS funding to record levels in the FY 2015 omnibus appropriations bill.

The full text is below.

The Honorable John Culberson The Honorable Michael M. Honda

Chairman Ranking Member

House Subcommittee on Commerce, Justice, House Subcommittee on Commerce, Justice,

Science and Related Agencies Science and Related Agencies

H-309, The Capitol 1016 Longworth House Office Building

Washington, DC 20515 Washington, DC 20515

Dear Chairman Culberson and Ranking Member Honda:

As the Committee begins writing the Fiscal Year (FY) 2017 Commerce, Justice, Science, and Related Agencies Appropriations bill, we respectfully request funding for implementation of the National Instant Background Check Systems (NICS) Improvement Amendments Act of 2007 (Pub. L. No. 110-180) at least at the FY16 level of $73 million. The Act provides for grants to states to upgrade their electronic databases, incentives for states to transmit electronic records to NICS, penalties for states that do not comply, and requirements for keeping NICS up-to-date, including the removal of obsolete or erroneous records. The Act also provides financial incentives for states to develop “relief from disabilities” procedures for persons who have lost the right to possess a firearm due to a mental health adjudication or commitment but are later determined not to pose a danger to public safety.

As you are aware, the Gun Control Act of 1968 (Pub. L. No. 90-618) precludes certain persons, including felons, those adjudicated mentally ill, illegal aliens, drug abusers, and those under a restraining order, from purchasing or possessing firearms. The only way to enforce these requirements effectively is to ensure that NICS has up-to-date records from state and federal sources. At present, millions of records are currently missing from the various databases that make up NICS. Many states do not have the resources necessary to implement the technology to automate criminal history and mental health records, which has allowed persons otherwise prohibited from purchasing or owning firearms to do so in violation of federal law. This remains a serious problem because many states still do not submit adequate numbers of mental health and criminal records to make NICS work as intended.

The intent of NICS Improvement Amendments Act is to ensure there are sufficient resources to provide accurate and timely data about persons prohibited from possessing firearms. This cannot be achieved absent adequate funding for NICS. In fact, demand for this funding is increasing every year and we must provide adequate funding to meet this growing need. While the Act authorized a combined total of $1.125 billion from FY 2009 through FY 2013, a total of only $63.567 million was appropriated during that time.

We fully understand the current constraints on the federal budget and appropriations process. Keeping citizens safe, however, must be Congress’s top priority. The NICS Improvement Amendments Act has been severely underfunded in years past, and the-all-too-frequent tragedies across our Nation unfortunately show that gun violence is still a very serious issue that plagues our country. Ensuring NICS has complete and timely information to keep firearms out of the hands of persons who cannot safely and legally possess them while at the same time protecting Americans’ Second Amendment rights will save lives. Consequently, we respectfully urge the Committee to fund the NICS Improvement Amendments Act at a level that at minimum matches $73 million.

Sincerely,

# # #

Congressman Mike Thompson is proud to represent California’s 5th Congressional District, which includes all or part of Contra Costa, Lake, Napa, Solano and Sonoma Counties. He is a senior member of the House Ways and Means Committee. Rep. Thompson is also a member of the fiscally conservative Blue Dog Coalition and chairs the bipartisan, bicameral Congressional Wine Caucus.