 Proposal |
| Proposal |
Why should a gun purchaser need any check on their background or prood that they are one of the good guys?
The majority of the public (including vast majority of those who are pro-gun) really don't want felons who have been convicted of violent crimes to have unfettered access to firearms. Many are very leery of people who have been adjudicated mentally deficient or unbalanced having unlimited access to firearms. This proposal will allow that check to be made without endangering the purchaser with registration.
Why should the government care who has a firearm and how many they have?
They *shouldn't*!!! And this proposal will work to satisfy that concern by not giving them any of the purchaser's information.
Gunowners don't want to end up in any registration database!
They won't!! Under this proposal their name and vitals are only in the same databases that everyone else's are. The only separate database would be of those who are ineligible to possess a firearm.
General Overview of Main Functions
See figure below for pictoral overview
Overview Committee
Comparison Registers
Dealers
Overall Advantages
This is the detail on the instant background check proposal.
OK, now let's get on with it. This database contains *ONLY* the names of those who have lost their RKBA through due process (criminal or mental adjudications) referred to as prohibited possessors and the FFL# and response codes for transactions. (See figure for database and information flow.) It will *not* contain any personal date from purchasers of firearms. Oversight of that function is one of the *main* purposes of the overview committee.
That database, its contents and use, the maintenance and comparison registers would be monitored by an overview committee made up of a representatives from civilian pro-gun organizations such as the NRA (National Rifle Association), GOA (Gunowners of America) or SAF (Second Amendment Foundation), representatives from civilian anti-gun organizations such as HCI and representatives from the government in the form of the ATF and/or FBI.
The purpose of the overview committee, and the people under the committee's control, is to maintain integrity of the database, its contents and use. It ensures that no data gets used for any purpose other than what is intended by being empowered to bring criminal charges against any entity that misuses data either in the database or purchaser input.. That is why it must be made up of representatives from the private sector as well as the government.
This committee also oversees the appeals process and ensures fairness in dealings with the public. It would also be the issuing agency for any statistical reports, etc. that would flow from the use of that background check process.
Non-viable purchaser data would flow into the database from NICS, the court system and various other sources for the different data sets. This database would not be viewable by anyone other than the committee or database input/maintenance personnel.
The database engine contains comparison registers through which the names and vitals in the database will flow for matching purposes. The other side of the comparison registers are fed via modem in an encrypted format from the various dealer terminals around the country. There will be no data path between the sides of the registers for any personal information on the purchaser. They will only seek a match/no match (comparison) between the dealer supplied information on one side and the contents of the database on the other. Once that match/no match has been made, the purchaser data is sent into the bit bucket (discarded) and the FFL # is stored along with the response code. The comparison register will send back to the dealer an OK to purchase or a No Sale.
From the dealer's (gunshop owner's) side, he will have a small terminal screen (or a PC) providing an electronic version of a 4473. (Either the software or a small dumb terminal will be supplied to that dealer depending on his/her needs.) The dealer will enter the purchaser's vital data required for comparison purposes into the screen of the PC or terminal. When he is satisfied that he has entered them correctly, he will send those vitals via 800# to a random comparison register in the database.
If no match results, the dealer is given a 'green light' and a response code, the sale is consumated and the purchaser walks out with his purchase. The dealer's FFL # and the response code are stored in the database allowing tracking of licensees to continue. The dealer marks the response code number on the paper 4473 that he stores in his shop.
If a match with a prohibited possessor turns up, a code number will be generated, that can be used in the appeals process to determine the reason for the match and will be sent back to the dealer's terminal along with the "No Sale" flag. The dealer will then give the code number to the refused purchaser along with another 800#. That 800# number will reach the appeals process so the purchaser may appeal the denial. The dealer will then mark the response code number on the paper 4473 that he files away.
This is the start of the appeals process and the appeals process will get into detail on why the purchase was refused. The appeals process will determine if the refusal was warranted or if an error occurred for one reason or another. If it is determined to be a process or data error the problem will be resolved, the appeal will be considered successful and the data may be re-entered by the dealer allowing the purchase to continue normally.
To ensure privacy of anyone who is in the database, the dealer does not have access to any of the data in the database. He/she will only see his/her own input and the results of that input (A 'green light' or 'No Sale' with a code number). No data entered by the dealer will go anywhere but over the phone lines to the comparison registers where it is discarded as soon as the answer is sent back to the dealer.
What are the advantages of this database method?
No registration database!! None of the personal data input is kept and the overview committee guarantees it!!. That is their main function.
How about gunshows? All that would be needed at weekend gunshows would be a few terminals supplied either by dealers or the promoters of the show. Those terminals would be hooked up to the normal phone lines that could be run there just like all the other sales shows, such as car and boat, where there are arrangements being made for financing.
How about being able to purchase a firearm anywhere in the country? This would be the same database available to all dealers. There would be no (background) reason why you could not buy a firearm while physically anywhere in the country. If you happened to live in Arizona, but found super deal on a gun while vacationing in Virginia, why shouldn't you be able to buy it while you were there? The "Instant Check" would be national. The only limiting factor would be any state laws (of the purchaser's state of residence) that would apply to the sale.
Who will pay for this?
Our taxes. It is a benefit to both gunowners and the public. The gunowners get a background check process that is overseen by progun organizations. They know that it will not lead to a registration database and the public gets assurances that there is an instant background check in place to stop prohibited possessors from purchasing a firearm through a dealer or a gun show.
The cost of this system (once it is set up) would be less than the costs of having people on the phone to run the instant checks since it will be an automated process for all but "No Sales". (Those "no sales" are currently running less than 2% of the total sales.) Dumb terminals would be paid for by the program for any dealer who does not have a PC in their shop (most of them already do). The software, the distribution costs of the software on CD-ROM or diskettes would be provided for those dealers who do have PCs.
Conclusion
It would seem to be a win-win situation. The government and the anti-gunners say that a national database for confiscation purposes is not on their agenda...the pro-gunners do not want their names and firearms data entered into a database....both sides state that they want to reduce crime by keeping criminals and mentally adjudications from going into a dealer's shop and purchasing a firearm. This proposal accomplishes the things that both sides want.
It allows dealers to ensure that they are doing all that they can to keep firearms out of the wrong hands. It allows them to participate in gun shows and to compete nationally on sales. (Those sales still have to be in person, however.)
It allows purchasers of firearms to make their purchase and be on their way. It could allow them to buy a firearm anywhere in the country. It does not put their name in a database to be used later for nefarious purposes.
Let us know your feelings and comments.
