\n<\/p>\n
Why does the FBI\u2019s background check system falsely deny law-abiding citizens from purchasing a firearm the<\/span> overwhelming majority of the time? Because the system is broken and often mismatches law-abiding citizens with the<\/span> records of convicted felons who share things like names and birthdays. This disproportionately affects minorities, such as<\/span> Blacks and Hispanics, who are statistically more likely to share names and therefore are more likely to get a false<\/span> positive.<\/span><\/span><\/span>i<\/span><\/a><\/sup><\/p>\n According to published FBI data, NICS has denied 44,223 prospective gun purchasers between November 30, 1998 and<\/span> December 31, 2022 for being \u201cIllegal\/Unlawful Alien[s]\u201d under 18 U.S.C. 922(g)(5).<\/span><\/span>ii<\/a><\/sup><\/span><\/span> While a proponent of the bill may<\/span><\/span><\/span> say these are prohibited persons who were stopped from illegally purchasing a firearm, in reality these are \u201cinitial<\/span><\/span><\/span> denials\u201d\u2014over 90% of which are false positives.<\/span><\/span>iii<\/sup><\/a><\/span><\/span> This means that 9 out of 10 times these denials were almost certain<\/span><\/span><\/span><\/span> law-abiding Americans.<\/span> Gun purchasers who are falsely denied a background check are not dangerous or able to be<\/span><\/span><\/span> prosecuted, which is why only a few dozen cases are even prosecuted by the Department of Justice each year.<\/span><\/span>iv<\/a><\/sup><\/span><\/span> In fact,<\/span> DOJ deems these cases \u201cnot appealing to judges and juries from a public safety standpoint.\u201d<\/span><\/span>v<\/a><\/sup><\/span><\/span> When taken to trial,<\/span> background check denial cases often result in \u201cjuries refusing to convict these individuals or jury nullification.\u201d<\/span><\/span>vi<\/a><\/sup><\/span><\/span> <\/span><\/p>\n GOA members want to see minority access to firearms protected and the badly broken National Instant Criminal<\/span><\/span><\/span> Background Check System (NICS) repealed, not hyper-enforced.<\/span><\/span><\/span><\/span><\/span><\/p>\n It is absurd to imagine that a member of MS-13, illegally present in the United States, would go to Mom and Pop\u2019s gun<\/span> store and fill out an FBI background check form to attempt to buy a gun legally when the vast majority of criminals<\/span> purchase their firearms illegally<\/span><\/span><\/span>vii<\/sup><\/a> and a GAO study proved that using a fake ID to pass a background check worked 100%<\/span> of the time.<\/span><\/span><\/span>viii<\/sup><\/a><\/p>\n On the other hand, the brokenness of the background check system and the recent increase in minority gun ownership<\/span><\/span><\/span><\/span> suggest that many minorities are falsely denied their Second Amendment rights every year.<\/span> It is not so hard to imagine the<\/span><\/span><\/span> FBI denying a gun purchaser their background check because they shared a name and a birthday with a criminal in a<\/span> Department of Homeland Security database. Under the<\/span><\/span> Illegal Alien NICS Alert Act<\/span>, law-abiding American citizens would<\/span><\/span><\/span><\/span> not only be denied their Second Amendment rights, but also be reported to Immigration and Customs Enforcement for<\/span><\/span><\/span> deportation.<\/span><\/span><\/span><\/span><\/span><\/p>\n The<\/span> Illegal Alien NICS Alert Act<\/span> is a distraction from the major issues regarding immigration and the border and will not<\/span> solve any of them. Congress will not fix the ongoing border crisis by expanding the FBI\u2019s enforcement of firearm<\/span> purchase background check denials. Instead, this legislation would legitimize a system that punishes American citizens<\/span> The Second Amendment does not apply to illegal aliens, as they do not contribute to the \u201csecurity of a free state.\u201d<\/span><\/span><\/span>xi<\/sup><\/a> However, the<\/span> Illegal Alien NICS Alert Act<\/span> will likely have a negative impact on legal immigrants\u2019 and U.S. citizens\u2019 right<\/span><\/span><\/span> to purchase firearms. Over time, enforcement of such a provision could have a chilling effect on the decisions by members<\/span><\/span><\/span> of minority communities to commercially purchase firearms.<\/span><\/span><\/span> <\/span><\/p>\n If Congress tweaks a bad law on the books, not only will it legitimize a bad system, but ICE officers will be encouraged to<\/span> harass law-abiding citizens to prove their immigration status. This would do nothing to solve crimes, make our<\/span> communities safer, or protect the lives of innocent Americans. Congress must not expand this unconstitutional and deeply <\/span>broken barrier to a person\u2019s constitutional right to keep and bear arms.<\/span><\/span><\/p>\n i<\/a><\/sup><\/span> Lott. \u201c<\/span><\/span>Do Democrats want to disarm minorities?<\/span><\/span>\u201d<\/span>. Fox News<\/span>. July 30<\/span>th<\/span>, 2016.<\/span><\/span><\/span>Unintended Consequences of<\/span> Illegal Alien NICS Alert Act<\/span> Enforcement<\/span><\/span><\/span><\/h2>\n
Expanding Background Checks Will Not Solve the Border Crisis<\/span><\/span><\/h2>\n
wishing to exercise their Second Amendment rights<\/span>.<\/span><\/span><\/span><\/p>\n
\n
ii<\/a><\/sup><\/span> Federal Bureau of Investigation.<\/span><\/span> NICS Denials, November 30, 1998-December 31, 2022<\/span><\/span>.<\/span><\/span><\/span>
iii<\/a><\/sup><\/span> Johnston. \u201c<\/span><\/span>Criminal Investigations for Innocent Gun Owners?<\/span><\/span>\u201d.<\/span> Gun Owners of America<\/span>. February 8<\/span>th<\/span>, 2022.<\/span><\/span><\/span>
iv<\/a><\/sup><\/span> Government Accountability Office. \u201c<\/span><\/span>Few Individuals Denied Firearms Purchases Are Prosecuted and ATF Should Assess Use of<\/span><\/span><\/span> Warning Notices in Lieu of Prosecutions<\/span><\/span>\u201d. Report to the Ranking Member, Subcommittee on Commerce, Justice, Science, and<\/span><\/span><\/span> Related Agencies, Committee on Appropriations, House of Representatives. September 2018.
\n<\/span><\/span>v<\/a><\/sup><\/span> Ibid<\/span>. 22.<\/span><\/span>
vi<\/a><\/sup><\/span> Ibid.<\/span><\/span>
vii<\/a><\/sup><\/span> Alper and Glaze. \u201c<\/span><\/span>Source and Use of Firearms Involved in Crimes: Survey of Prison Inmates, 2016<\/span><\/span>\u201d. Bureau of Justice Statistics,<\/span><\/span><\/span> Department of Justice. January 2019. 7.<\/span><\/span>
viii<\/a><\/sup><\/span> Government Accountability Office. \u201cPurchased From Federal Firearm Licensees Using Bogus Identification<\/span><\/span>\u201d. March, 2001.<\/span><\/span><\/span>
ix<\/a><\/sup><\/span> Dinan. \u201c<\/span><\/span>Illegal immigrants test limits of Second Amendment in case now pending at Supreme Court<\/span><\/span>\u201d.<\/span> Washington Times<\/span>. January<\/span><\/span><\/span>