fbi nics and vftp 20101

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					1.         The U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics has
           reported, each year since the year 2000, that Virginia had the largest number of arrests of
           denied persons due to outstanding warrants or other reasons. In 2009, the Virginia
           Department of State Police requested 1,420 criminal investigations based illegal attempts to
           purchase firearms (see table below), which resulted in 856 (60%) closed arrests; all referred
           for prosecution. These investigations are initiated by the Firearms Transaction Center (FTC).
           NICS denials by the FBI are referred to the ATF for criminal investigation. In 2008, the FBI
           referred 78,906 NICS denials to Brady Operations. After screening, Brady Operations
           referred 5,573 denials (7% of the cases) within the established guidelines to field divisions
           for further review. 1

           Since the program was created in 1989, through 2009, the Department has closed 11,040
           criminal cases with an arrest for a person making a false statement during a firearms
           transaction. In addition, since the program was created in 1989, the Department has
           arrested 1,355 fugitives from justice.

2.         The Department has had much success at gun show events arresting wanted criminals and
           prohibited persons w ho are attempting to purchase firearms at these events. Sixty-four (64)
           prohibited persons were arrested onsite at Virginia gun shows in 2009 fifty-eight were
           arrested in 2008. Hands-on notice and coordination of efforts at gun show events would be
           eliminated if the FBI were responsible for all firearm purchase background checks for the
           Commonwealth.

3.         The Central Criminal Records Exchange is within the same State Police Division, located in
           the same building as the FTC. Immediate access to CCRE, on a 24/7 basis, allows prompt
           review of arrest record source documents, including mental health records and investigative
           reports, by FTC staff in the determination of lawful eligibility to purchase or possess a
           firearm. If the NICS are responsible for firearm purchase background checks, CCRE
           personnel would be called upon to pull, review, fax, source documents to the FBI.

4.         Virginia Code Section 18.2-308.2:2 requires proof of citizenship or lawful admission for
           permanent residence for the purpose of purchasing an assault firearm that are beyond
           requirements of federal law.

5.         The VFTP works directly with the Virginia Office of the Secretary of the Commonwealth,
           Office of the Attorney General, and Virginia circuit courts to receive, validate, and retain
           documentation that supports the restoration of political rights and removal of state and
           federal firearm disabilities. Information relevant to Virginia restoration of rights is not
           incorporated in federal criminal history record or files. NICS will not retain documentation to
           support eligibility, such as restorations of rights, except via an appeal process, and then the
           information may be retained in the NICS Voluntary Appeals File (VAF).

      6. The additional Virginia firearm laws and procedures listed below are exclusive to the
         Commonwealth of Virginia and may not be enforceable by the NICS Section:

              To curtail the illegal trafficking of handguns, Virginia Code Section 18.2-308.2:2 P makes
               it unlawful for any person who is not a licensed firearms dealer to purchase more than
               one handgun within any 30-day period. The handgun purchase restriction would be
               eliminated if NICS assumed the responsibilities of the Virginia Firearms Transaction
               Program. Since July 1, 1993, a total of 9,534 firearm purchase applications have been
               denied by the Firearm Transaction Center based on illegal attempts to exceed Virginia’s
               handgun purchase restriction. This category of denial captures 20% of the statewide
               denials, second to felony convictions.
1
    Report dated June 2010 by Ronald J. Frandsen, Regional Justice Information Service (REJIS).

                                                                                                         1
      To provide for greater officer safety, upon the discovery that a perspective purchaser is
       disqualified for mental health purposes, teletype notification is immediately transmitted to
       the State Police Division of the FFL, the law enforcement agency of the jurisdiction in
       which the applicant resides, and the law enforcement agency of the jurisdiction in which
       the commitment order occurred. Additionally, a State Police Trooper is immediately
       dispatched to the FFL location for public safety and criminal investigation purposes

      To provide for greater officer safety, upon the discovery that a perspective purchaser is
       named in an outstanding warrant of arrest, felony or misdemeanor, immediate
       apprehension procedures are initiated while the suspect is located at the dealer’s place
       of business.
      Virginia’s protective order statute prohibits the purchase by a person subject to an order
       even if it is an “ex parte” order; federal law does not include these orders. In addition,
       federal law requires an intimate partner requirement. Virginia includes any type of family
       violence. A brother against brother/sister or a child against parent is not prohibited under
       federal law.

      Virginia does not contribute juvenile records to the FBI due to their dissemination
       policies. Juvenile felony records are not maintained by the FBI. Therefore, prospective
       firearm purchasers with juvenile felony convictions would not be prevented form the
       purchase of firearms by NICS. The VFTP denies approximately 100 transactions a year
       based on juvenile felony convictions, and proceeds with criminal investigation.

7. Since 1989, the Virginia State Police Firearms Transaction Center has prevented the
   transfer of a firearm to a prohibited person in 44,440 instances through December 31, 2009.
   The table below provides the volume per category of denial.


                                                      1989 – 1999   2000 – 2006   2007   2008   2009   Grand Total
          Felony Conviction Adult                                                 338    391    408    1137

          Felony Conviction Juvenile                                              82     104    102    288

          Felony Conviction                           9,508         4117          420    495    510    15050

          Attempt to Exceed Handgun Limit             3,190         4018          502    680    859    9249

          Misdemeanor Crime of Domestic Violence      1,789         3187          372    407    466    6221

          Pending Felony Charge/Indictment            2,919         1066          79     96     73     4233

          Felony Warrant of Arrest                    641           418           67     58     40     1224

          Meets Federal Definition of a Drug Addict   216           880           141    243    250    1730

          Protective/Restraining Order                388           719           104    100    130    1441

          Mental Health                               331           643           109    136    195    1414

          Misdemeanor Warrant of Arrest                             644           138    201    231    1214

          Federal Prohibitor – Misd Disqualifier      59            396           80     98     108    741

          Illegal Alien                                54           336           42     34     41     507

          Nonimmigrant Status                                       176           12     4      5      197

          VA Misd. Drug Conv (Handguns Only)          54            183           50     46     44     377

          NICS Denied Persons File                                  50            12     34     17     113

          Invalid or Unauthorized Seller ID Number                  75            7      7      1      90

          Attempt to Exceed Trade Limit                             34            23     32     5      94

          Purchaser ID Requirements Not Met           92            102           60     102    121    477

          Military Dishonorable Discharge             13            25            4      4      5      51



                                                                                                                     2
            Invalid Purchase Certificate        4        12       0       0       0       16

            Attempt - Handgun to Non-Resident   1        0        0       0       0       1

                                                19,259   17,081   2,222   2,777   3,101   44,440



8.   In 2006, the FBI referred 77,233 NICS denials to ATF Brady Operations. After screening,
     Brady Operations referred 9,432 denials (12% of the cases) within the established
     guidelines to Field Divisions for further review. In 2007, the FBI referred 73,922 NICS
     denials to ATF Brady Operations. Of that amount, only 6,275 (8%) were referred to ATF
     Field Divisions for Investigative Purposes, 2,566 were denied after the date in which the
     firearm could be transferred by the dealer without authorization by NICS. In 2008, the FBI
     referred 78,906 NICS denials to ATF Brady Operations. After Screen, Brady Operations
     referred 5,573 (7%) within the established guidelines to Field Divisions for further review.
     Actual retrieval was made in only half of that amount. In comparison, the VFTP initiated 11
     firearm retrievals in 2009 and 12 in 2008, all of which resulted in successful retrieval of the
     firearm.

9.   The primary goal of the VFTP is to prevent the transfer of a firearm to a prohibited person. It
     is also a goal of the VFTP to provide an efficient service to lawfully eligible persons.
     Individuals whose background check for a firearms purchase is delayed may contact the
     VFTP at any time to discuss the process or reasons for the delayed response. Additionally,
     individuals denied the purchase of a firearm may appeal such denial, which are handled on
     an immediate basis. In 2009, the Virginia State Police received 46 appeals out of 3,101
     denied transactions, 33 (72%) of which were reversed to approval on the same date of
     receipt of fingerprint impressions provided by the denied person. As of this date, the FBI
     NICS advises the average appeals processing time is 154 days.




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