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Alert Local Law Enforcement of Failed Background Checks

    Solutions

    Alert Local Law Enforcement of Failed Background Checks

    What does it solve?

    The National Instant Criminal Background Check System (NICS) stops thousands of convicted felons, domestic abusers, and other prohibited people from buying guns each year. Potential purchasers often fail NICS background checks and walk away with no consequences, free to try to arm themselves in other ways.

    NICS denial laws, also known as “active alerts,” require state law enforcement or firearm dealers to notify local law enforcement when a person prohibited by law from purchasing firearms tries to buy a gun and fails the background check. This enables law enforcement to stop them before they obtain guns illegally.

      Notification of Failed Background Checks

      Which states alert local officials when a person fails a background check?

      AL AK AZ AR CA CO CT DE FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WY

      Notification of Failed Background Checks

      Alabama has not adopted this policy

      Notification of Failed Background Checks

      Alaska has not adopted this policy

      Notification of Failed Background Checks

      Arizona has not adopted this policy

      Notification of Failed Background Checks

      Arkansas has not adopted this policy

      Notification of Failed Background Checks

      California has adopted this policy

      Notification of Failed Background Checks

      Colorado has adopted this policy

      Notification of Failed Background Checks

      Connecticut has adopted this policy

      Notification of Failed Background Checks

      Delaware has not adopted this policy

      Notification of Failed Background Checks

      Florida has not adopted this policy

      Notification of Failed Background Checks

      Georgia has not adopted this policy

      Notification of Failed Background Checks

      Hawaii has adopted this policy

      Notification of Failed Background Checks

      Idaho has not adopted this policy

      Notification of Failed Background Checks

      Illinois has adopted this policy

      Notification of Failed Background Checks

      Indiana has not adopted this policy

      Notification of Failed Background Checks

      Iowa has not adopted this policy

      Notification of Failed Background Checks

      Kansas has not adopted this policy

      Notification of Failed Background Checks

      Kentucky has not adopted this policy

      Notification of Failed Background Checks

      Louisiana has adopted this policy

      Notification of Failed Background Checks

      Maine has not adopted this policy

      Notification of Failed Background Checks

      Maryland has not adopted this policy

      Notification of Failed Background Checks

      Massachusetts has not adopted this policy

      Notification of Failed Background Checks

      Michigan has not adopted this policy

      Notification of Failed Background Checks

      Minnesota has not adopted this policy

      Notification of Failed Background Checks

      Mississippi has not adopted this policy

      Notification of Failed Background Checks

      Missouri has not adopted this policy

      Notification of Failed Background Checks

      Montana has not adopted this policy

      Notification of Failed Background Checks

      Nebraska has not adopted this policy

      Notification of Failed Background Checks

      Nevada has not adopted this policy

      Notification of Failed Background Checks

      New Hampshire has not adopted this policy

      Notification of Failed Background Checks

      New Jersey has not adopted this policy

      Notification of Failed Background Checks

      New Mexico has not adopted this policy

      Notification of Failed Background Checks

      New York has not adopted this policy

      Notification of Failed Background Checks

      North Carolina has not adopted this policy

      Notification of Failed Background Checks

      North Dakota has not adopted this policy

      Notification of Failed Background Checks

      Ohio has not adopted this policy

      Notification of Failed Background Checks

      Oklahoma has not adopted this policy

      Notification of Failed Background Checks

      Oregon has adopted this policy

      Notification of Failed Background Checks

      Pennsylvania has adopted this policy

      Notification of Failed Background Checks

      Rhode Island has not adopted this policy

      Notification of Failed Background Checks

      South Carolina has not adopted this policy

      Notification of Failed Background Checks

      South Dakota has not adopted this policy

      Notification of Failed Background Checks

      Tennessee has adopted this policy

      Notification of Failed Background Checks

      Texas has not adopted this policy

      Notification of Failed Background Checks

      Utah has adopted this policy

      Notification of Failed Background Checks

      Vermont has not adopted this policy

      Notification of Failed Background Checks

      Virginia has adopted this policy

      Notification of Failed Background Checks

      Washington has adopted this policy

      Notification of Failed Background Checks

      West Virginia has not adopted this policy

      Notification of Failed Background Checks

      Wisconsin has not adopted this policy

      Notification of Failed Background Checks

      Wyoming has not adopted this policy

      Myth

      States have no role in enforcing the federal background check requirement to purchase a firearm.

      Fact

      States can and do enforce federal background check requirements. In fact, even in states that do not require law enforcement notification of failed checks, prosecutors sometimes charge people with violating state laws prohibiting lying on government forms when they find out that a person who is prohibited from possessing a firearm under state or federal law attempted to purchase one from a licensed dealer.

      How it works

      Alerting law enforcement when a person fails a background check helps prevent that person from obtaining a gun through other illegal means.

      It is unlawful for a person who is prohibited from buying a gun to attempt to purchase one. NICS stops thousands of people prohibited from having firearms from buying them every year. But these “lie-and-try” offenses are rarely prosecuted, and local law enforcement often doesn’t know when a prohibited, and potentially dangerous, person tries to buy a gun.

      Several states have addressed this loophole in their law, requiring law enforcement to be notified when a person fails a NICS check. Alerting local law enforcement enables police to stop people from obtaining guns illegally through unlicensed sales or other means. States that have these reporting requirements have seen success. For example, Pennsylvania’s active alerts program has resulted in nearly 5,000 reported convictions of people attempting to illegally purchase guns.

      By the numbers

      30%

      Did you know?

      A study commissioned by the U.S. Department of Justice found that 30 percent of people who failed criminal background checks while attempting to purchase firearms over the course of a year were rearrested within five years.