LA Times

http://www.latimes.com/wires/20010629/tCB00V9901.html

Friday, June 29, 2001

Ashcroft Seeks Limits on Gun Records

Associated Press Writer

    WASHINGTON--Attorney General John Ashcroft announced steps to improve
an instant background check system designed to keep guns out of criminals'
hands, but angered gun control advocates by proposing strict limits for
keeping records on gun purchases.
    Ashcroft said the government should keep records on people who tried
to purchase firearms for no more than one business day instead of the 180
days now allowed by federal regulation.
    The records are kept temporarily so that the FBI, which does the
checks, can go back and look for fraudulent transactions or mistaken
approvals.
    Gun owner groups say keeping the records is an invasion of privacy;
gun control advocates say more time for auditing is necessary to ensure
that guns are not be sold to criminals.
    Speaking at a news conference on Thursday, Ashcroft said he was
trying to balance privacy concerns and the need to maintain the records
for auditing purposes -both are required by the landmark Brady gun law
that requires background checks for gun buyers.
    Ashcroft said the audits can be done instantaneously using
technology.
    His proposal stoked charges by gun control groups that Ashcroft was
appeasing the National Rifle Association, a big contributor to
Republicans.
    "Ashcroft's priorities clearly lie with pleasing the National Rifle
Association, not protecting the American public," said Mathew Nosanchuk,
director of litigation for the Violence Policy Center.
    Ashcroft, while a U.S. senator representing Missouri, voted in favor
of an amendment that sought instant destruction of background check
documents. The amendment was defeated.
    "The federal government has no business keeping files of personal
information on lawful Americans who clear the NICS (instant background)
check," said James J. Baker, executive director of the NRA's Institute for
Legislative Action.
    The proposal will be issued for public comment within 60 days.
    "Gun dealers and criminals are the only Americans who will benefit,"
said Sen. Charles Schumer, D-N.Y.
    Ashcroft also said federal prosecutors will step up gun crime
prosecutions. He ordered the FBI to increase the number of checks
completed instantly and said states would get grants to fix problems with
missing or incomplete criminal history records that are vital to integrity
of the National Instant Criminal Background Check System.

    Called NICS, the system electronically checks law enforcement records
while gun buyers are waiting to make purchases. Felons, drug users, people
subject to domestic violence restraining orders are among those prohibited
from buying guns.
    But some records are missing or incomplete. Gun dealers are permitted
to sell guns if no post-arrest record can be found within three days.
    Over 45,000 people with an open arrest were allowed to purchase guns
last year because the three-day requirement was not met, Ashcroft said.
    "Improving the criminal history records will decrease this number and
it will speed up the approval process for law-abiding purchasers," he
said.
    About 70 percent of the checks take about 30 seconds. A small number
take longer to allow more time to contact state and local authorities to
check records.
    More than 18 million checks have been conducted since the background
check system began in November 1998. More than 156,000 people have been
denied guns as a result of the checks, according to the FBI.
   
- - -
    On the Net: National Instant Criminal Background Check System:
http://www.fbi.gov/hq/cjisd/nics.htm
    Violence Policy Center: http://www.vpc.org/
    Justice Department: http://www.usdoj.gov
    National Rifle Association: http://www.nra.org/
   
Copyright 2001 Los Angeles Times

While well intentioned, Ashcroft's proposed legislation won't work for the same reason that gun control won't work:  If they are already violating the laws on the books, then they'll also ignore any new laws you create.

True, but at least Ashcroft is heading in the right direction.  That is more than can be said about most others in the Gov't.

From what I understand, Congress does not set the limit on the NICS data retention.  I believe either the President or the AG has the ability to set the time limit.

Kharn

Amen.

Congress writes the laws, and the law says that they are not allowed to keep the records.  If they are keeping records then they are in violation of the law no matter what the Pres or the AG say.