In many cases, it is the classical unfunded mandate problem.
Mon Nov 6, 2017 2:28pm

When the NICS system was created and data started being ingathered, the law required states to input and update a range of files, but provided no funds to make that happen. So, states ended up inputting what data they could afford to input when they could afford to do so. The system continues to improve, but there are still some gaps where desired data isn't input or input quickly simply due to a lack of funds.

Certainly if the court martial results actually were legally equivalent to a federal felony conviction (and many dishonorable discharges are), and the domestic violence aspect of it also met the federal definitions, then DOD certainly SHOULD have filed that data with the FBI so it could be referenced in the NICS system.

I am somewhat curious as to why it was not. In recent years the VA has been lining up to GIVE data to the NICS that would deny veterans purchases, even data that is questionable as to whether it should be used in that manner. To not give BLATANT data doesn't make sense.

  • I've been advocating an expansion of the data contained in the NICS database (the one used to conduct background checks) be expanded and better-maintained. This turd was disqualified on two counts:... more
    • The nic database et, Tue Nov 7 7:44pm
      is prone to errors.. Many are finding out. Its also unconstitutional.. Fbi rely on second and third party profilers.
    • In many cases, it is the classical unfunded mandate problem. — Sprout, Mon Nov 6 2:28pm
      • Unfunded mandatesPikes, Tue Nov 7 5:24am
        I would like to see every bill presented for debate to include a budget for implementation and support should it pass into law. If there is no budget specifically for implementation and support, the... more
        • I agree wholeheartedly....Sprout, Tue Nov 7 9:42am
          IMO if a bill cannot get enough votes to pass without having to dodge the responsibility for paying for it, then it should not pass. Every bill should be FULLY funded from the get go, and if there... more
          • "Cuts" can come by repealPikes, Tue Nov 7 11:52am
            of bad or outdated laws. No need to send those clowns on search and destroy missions of what good they don't like to cut. Something of a "make room" policy instead of an "add on" policy. US legal... more
            • Certainly so. Sprout, Tue Nov 7 12:28pm
              The bill can include another older law/program that it ends/cuts/repeals to free up the funds for the new piece of legislation. One suggestion I heard was a proposal to make every bill die after X... more
      • Good (and infuriating) info, thanks.Poppet, Mon Nov 6 10:42pm
        Making the NICS database system more robust should be a no-brainer, a good use of funds (that is, make it a funded mandate). I'd also like to know just how this guy's data never got filed.
        • I read an article last night indicatingSprout, Tue Nov 7 9:33am
          that the Air Force is acknowledging that they didn't file the paperwork correctly and is trying to find out why to determine if it is a systemic issue or simply an example of human error. I suspect... more
    • isn't automatically entered into the system upon conviction. That could be implemented immediately.
      • It certainly should be. (nm)Poppet, Mon Nov 6 2:11pm
        • Add timePikes, Mon Nov 6 6:46pm
          To double check, triple check, quadruple check, quintuple check, and then check again to make certain diarrhea like this doesn't slip through any cracks. However long that takes to complete, let it.... more
          • I prefer to do it in advance...Sprout, Tue Nov 7 9:40am
            Rather than create a system that delays things at point of sale, create a system of PRE-checks... Kind of like the pre-check system they have with TSA now at the airports where individuals can be... more
          • ...which I think we should, then the system needs to be as robust as possible. This is something well worth funding at the federal level (see Sprout's reply to me about the data reporting being an... more
      • Hopefully, it will beJeeves, Mon Nov 6 1:55pm
        Sounds like something Trump could sign as an executive order.
        • civilian. I personally know of several people who had repeated DUI's while active duty. Many states grandfather state licenses for the duration of your enlistment. Meaning, as long as you're active... more
        • was that a dishonorable discharge (which HAD to be given by a court martial) was ALMOST always going to leave the defendant with the equivalent of a federal felony conviction on their record. I... more