FBI Criminal Justice Information Services CJIS Division National

FBI Criminal Justice Information Services (CJIS) Division National Instant Criminal Background Check System (NICS) Section NICS Operational Update Presented by Lisa A. Vincent, NICS Unit Chief for the Appeal and Liaison Services Unit

NICS STATISTICS FY 2007* Program-to-Date (PTD)* State Inquiries. . . 6, 040, 452 40, 929, 229 Federal Inquiries. . . 5, 136, 883 42, 345, 756 Total NICS Inquiries. . . . 11, 177, 335 83, 274, 985 NICS Section Immediate Proceeds. . . . 4, 662, 435 35, 247, 348 NICS Section Denials. . . . 66, 817 610, 180 NICS Section Immediate Determination Rate (IDR). . * As of 12/31/2007 91. 58% 2

NICS Participation 3

Criminal History Records (CHR) The NICS Section proactively seeks record completing information. As a result of the efforts of the NICS Section’s staff, and as of 12/31/2007: • Over 37, 366 CHRs were updated in 2007. • Over 630, 345 CHRs were updated PTD. • Over 14, 688 dispositions were forwarded to the states for maintenance at the state level in 2007. Since 2004, over 59, 342 records have been forwarded to the states. • On 09/12 -13/2007, the second annual Report, Educate and Associate Criminal Histories Conference was hosted at the CJIS Division. Participation included the Bureau of Justice Statistics (BJS) and representatives from Alabama, Arkansas, Connecticut, Kansas, Louisiana, Nevada, New Mexico, Tennessee, and Wisconsin. 4

NICS Outreach Efforts • 4/04 -05/2007, the NICS Section attended the Law Enforcement Exposition in New York. • 7/11 -12/2007, the NICS Section attended the Law Enforcement Exposition in Ohio. • 10/01 -05/2007: The NICS Section attended and participated in the Court Technology Conference in Tampa, Florida. As newcomers to this informationsharing forum, the NICS Section networked with court professionals from around the world regarding common interests such as training, communications, etc. Additionally, the NICS Section promoted Web cast training modules (which will be availed to judges, law enforcement officials, etc. ) developed with the assistance of the BJS. • Since the POC Support Team’s inception in 2003, it has held over 200 training events and trained over 5, 600 individuals. These training events have occurred in states including Washington, Oregon, California, Nevada, Utah, Colorado, Hawaii, Maryland, Texas, Georgia, North Carolina, Tennessee, Pennsylvania, Iowa, Michigan, North Dakota, Arizona, Montana, and Illinois. 5

Misdemeanor Crimes of Domestic Violence (MCDV) and Processing Background Checks • The NICS, with direction/guidance from the U. S. Department of Justice, implemented a change in the processing of possible MCDVs to more closely adhere to the Gun Control Act of 1968 (GCA). • The processing change applies to the element of “physical force” and the use of records of conviction and/or transcripts to prove the element as a contributing factor. • Because of the potential for state law to reflect disjunctive elements, it is possible that MCDVs predicated on information such as contained in police reports would not qualify as an MCDV (conviction) under the GCA unless specific documentation (e. g. , court transcripts) establishes such. • The NICS Section implemented the aforementioned on 10/01/2007. • The states are working towards compliance. 6

NICS Index • As of 1/1/2008, there were 5, 108, 039 federally prohibiting records maintained in the NICS Index. Of these records, 518, 499 entries are based on mental health information. • The NICS Section continues to avidly promote the sharing of information with federal and state agencies specific to the benefits of submitting immediately disqualifying record information to the nationally-held NICS Index. • The FBI also contributes records to the NICS Index (e. g. , discovered when processing transactions or via individual submission to the FBI). As of 1/1/2008, approximately 46, 092 records had been entered into the NICS Index by the NICS Section employees. 7

Active Records in the NICS Index Citizenship Renounced 0. 25% Dishonorable Discharge 0. 30% Controlled Substance Abuse 0. 01% Mental Defective 10. 16% Denied Persons 13. 89% Illegal/Unlawful Aliens 75. 39% * As of 12/31/2007 8

NICS Index State Participation Participating States Non-participating States AK ME WA OR NV CA HI MT ID WY ME ND MN SD MI NE UT AZ CO NM KS OK TX N. Mariana Islands Guam American Samoa As of 12/31/2007 WI IA MO IL IN OH KY NY PA WV VA NC TN SC AR MS AL GA LA FL VT NH MA RI CT NJ DE MD DC Puerto Rico U. S. Virgin Islands 9

NICS Index – Mental Health Information Submission Participation AK WA OR CA HI NV MT ID UT AZ N. Mariana Islands Guam American Samoa WY CO NM ND NH VT ME MN WI SD NY MI MA RI CT NJ DE MD DC PA OH IN IL WVVA KS MO KY NC TN OK AR SC MS AL GA LA TX NE IA FL Puerto Rico Virgin Islands 12 Contribute Mental Health Information 15 Contribute Mental Health Information (less than 100 Submissions) 4 Contribute Mental Health Information to the Denied Persons File Only 2 Contribute Mental Health Information to both the Mental Defective File and the Denied Persons File As of 12/31/2007 10

NICS Index Growth Total Growth in all Categories 5, 108, 039 2007 4, 116, 105 2006 3, 938, 257 2005 3, 643, 712 2004 3, 373, 292 2003 2, 876, 192 2001 1, 114, 072 2000 1, 043, 667 1999 1, 035, 870 1998 938, 002 6, 000 5, 000 4, 000 3, 000 2, 000 1, 000 0 Number of Records As of 12/31/2007 11

NICS Index Growth Mental Health Information 2007 518, 499 2006 298, 571 233, 767 2005 2004 222, 145 2003 209, 835 142, 651 2002 2001 89, 596 2000 89, 591 1999 88, 939 1998 21 0 As of 12/31/2007 100, 000 200, 000 300, 000 400, 000 500, 000 600, 000 12

Out-of-State Denials Based on State Submissions to the NICS Index The following is evidence that prohibited persons do cross state lines in attempts to purchase firearms. * [710] [109] [62] [64] [245] [502] [62] Note: The aforementioned represents a sampling of states and is not all inclusive. * As of 12/31/2007 13

The NICS Index Continues to Grow • California submitted approximately 203, 103 submissions to the NICS Index Mental Defective File as of 12/31/2007. • In 2007, the state of Ohio began submitting information to the NICS Index Mental Defective File. Approximately 7, 845 records currently maintained in the NICS Index were submitted by Ohio officials. • In 2007, the state of Kansas began submitting information to the NICS Index Mental Defective File. Approximately 2, 308 records currently maintained in the NICS Index were submitted by Kansas officials. 14

NICS Contact Information FBI Criminal Justice Information Services (CJIS) Division National Instant Criminal Background Check System (NICS) Section 1000 Custer Hollow Road Clarksburg, WV 26306 E-mail: a_nics@leo. gov NICS Customer Service: 1 -877 -444 -NICS (6427) NICS Section Chief: Bobby P. Hamil, Jr. (304) 625 -3500 NICS Unit Chiefs Monica D. Snider (304) 625 -7331 Joey L. Hixenbaugh (304) 625 -7333 Lisa A. Vincent (304) 625 -7332 Gary A. Wick (304) 625 -7334 15

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NICS Operational Update Questions? 17