We submit the following quotes from the Department of Homeland Security Office of Inspector General report without comment.

Note that the OIG uncovered missing information going back as far as 1925. The NICS System was established as part of the Brady Act, passed in 1993 and didn’t go fully into effect until 1998. But someone who committed a felony in, say, 1953, may be among those whose information hasn’t been reported by some part of what now constitutes DHS.

Fine. Toss out the >10 years column in the OIG’s chart above if you want. That still leaves over 3.6 million failures to report data to the NICS system by DHS “components” such as the Coast Guard, Border Patrol, ICE and Citizenship and Immigration Services in the last 10 years alone.

Remember this the next time you read anything about private sales, the “gun show loophole” or calls for “universal” background checks.

The Department of Homeland Security did not consistently comply with NICS requirements from July 2019 to June 2021. FBI NICS examiners rely on NICS data to determine whether a person is eligible to purchase a firearm. However, DHS components did not submit the data to DOJ, as the United States Code and Code of Federal Regulations require.

In particular, the components did not consistently update missing information on dispositions, that is, information on the nature and outcome of criminal proceedings. The components also did not always respond promptly or sufficiently to FBI NICS inquiries.

Specifically, DHS components took more than 3 days to respond or were unresponsive to 126 (59 percent) of 214 NICS inquiries.

We attribute these issues to DHS not having a unified policy or plan to ensure the timely updating of dispositions or a mechanism to ensure prompt, sufficient responses to inquiries. If NICS examiners do not receive disposition data to deny or approve a firearm sale within 3 business days, licensed sellers may transfer firearms at their discretion. Therefore, DHS not sending disposition data to NICS and its delayed and insufficient responses to FBI inquiries create a risk of wrongful firearms transfers.

Additionally, as the Fix NICS Act of 2018 requires, DHS submitted semiannual certifications to DOJ consistent with NICS, but at least two submitted certifications were inaccurate. This occurred because DHS has no oversight or policy to ensure compliance with NICS reporting requirements. As a result of DHS’ inaccurate certifications, DOJ’s semiannual report to Congress on Fix NICS Act of 2018 compliance was also inaccurate. …

To validate the FBI’s assertion of missing DHS disposition records, we obtained comprehensive data showing all charges attributed to DHS as of January 31, 2022. Our testing confirmed that, cumulatively, DHS has more than 6.4 million charges missing dispositions in NICS. The dates of those charges range from 1925 to 2022. Table 1 shows charges attributed to DHS that do not show final dispositions.

— DHS Office of Inspector General in DHS Did Not Consistently Comply with National Instant Criminal Background Check System Requirements

RELATED ARTICLESMORE FROM AUTHOR

43 COMMENTS

  1. guessing most criminals don’t bother with bgc’s.
    and the vast majority of those transfers where gov dropped the ball went to law abiding citizens.

    • Like the Sutherland Springs church shooter…?

      These are cases where people were CHARGED with some crime, and the disposition of that charge, conviction or acquittal, was never reported. I was charged with a crime once in 1989. ultimately it was dismissed. NICS reflects that, thank God. I’m glad my case was with a local PD and judiciary and not anyone under DHS’s umbrella.

  2. Congressmen and congresswomen, are you seeing this? And there seems to be bewilderment as to how criminals (the rare times it occurs) and/or mentally ill individuals obtain firearms legally. You want to make a difference – start holding these agencies accountable and provide the resources to keep the NICS working, by law, how it is supposed to work. Forget about this BS by making instant felons of legal gun owners by outlawing bump stocks, efficient triggers, home firearm manufacturing without bureaucratic interference (serialization), and having the ATF come down on pistol braces. Yeah, rather than go after real criminals that commit real crimes, let’s make our own citizens unwitting felons so we can arrest more law-abiding people and incarcerate them.

  3. “However, DHS components did not submit the data to DOJ, as the United States Code and Code of Federal Regulations require”.

    There are no personal ramifications for government entities when they do not comply, if there were then compliance would happen.

    Now when a citizen fails to submit data to “the DOJ as the United States Code and Code of Federal Regulations require” then serious federal crimes are committed.

  4. If we have to suffer under some controlling bureaucracy it should at least be terrible at its job.
    That’s the next best thing to doing away with it entirely. Kinda like voting for gridlock.

  5. “DHS Failed to Respond to 6.4 Million NICS Background Check ‘Criminal Disposition’ Requests”

    Remember, it’s the Leftist Scum ™ that want to not let you possess your gun until a NICS disposition is complete.

    No matter how long it takes.

    For the children.

    Or something… 🙁

  7. HEY GEOFF, Rather than blame the “leftist scum” who, apparently, based on your comments, have been in absolute power for more than the past 10 years (see the chart) why not work with all of us who want a government of the people, by the people, and for the people…even if we disagree on certain parts of that government. There are a lot more gun owning Democrats than you think, and such terms as “leftist scum” will not help in getting us (yes, me included) to work together. Get your head out of your…barrel and realize there is plenty of blame to go around for both parties, and a lot of hope as well.

    • You misunderstand M.C. Anderson. Your claim of “There are a lot more gun owning Democrats than you think” is not really the point. We’ve seen enough “gun owning Democrats” stand up and say “working together” and right after that its “on bringing about universal registration, bans, and gun control to curb gun violence”. Ya know all the same old things backed by their false claims and demand that we capitulate to their demands because if we don’t we are not “working together” for “common sense gun safety”.

      “leftist scum” may not be you personally, but the second you say “There are a lot more gun owning Democrats than you think” while the left democrats are trying to bring about a tyranny doesn’t put you in the best place to complain about someone blaming “leftist scum”.

      • universal background checks would only restrict the law abiding…with no discernible effect on criminal behavior….so, just what group are they actually targeting?….

    • There may be more democrats owing guns than we think. But, they are still democrats and still support the democrat agenda. Just because some democrats own guns does not make them POTG.
      If owning a gun is the criteria, then why are they still democrats?

    • anderson… Before anything you go get your democRat pals and hold them accountable starting with slavery to ending with trying to overthrow a duly elected POTUS and attempting to prevent him from running again. After the Rats have coughed up Reparations from their Rat Party coffers and served time in prison then you may have a leg to stand on.

    • MC Bobby and Jack been gone for a long time. There are no more democrats, just traitors. Time for you to pull your head out of your ass. I guess when they obviously stole the election you were good with it cause icky trump. Are you a masochist? Do you really like being told to eat shit and like it. How do you explain that everyone in Fl didn’t die from covid for not wearing masks or taking experimental shots

    • Whether you like his terminology or not, YOU are one of the people he was complaining about. You are one of the people who want to demand unlimited waiting periods just in case some case file has been lost or ignored. You are one of the people who wants to deny constitutional rights just in case there might be some reason that no one can find. You are one of those so-called “gun owning democrats” who figures that your rights matter but no one else’s rights matter. And you are one of those people stupid enough to think that “they” only want to keep guns away from criminals and that “they” will never ban YOUR guns because everyone is supposed to know you think you are one of the good guys.

      Guess what, M.C.? His offensive terminology was 100% accurate for you.

  9. “That still leaves over 3.6 million failures to report data to the NICS system by DHS “components” such as the Coast Guard, Border Patrol, ICE and Citizenship and Immigration Services in the last 10 years alone.”
    What a fucking joke.
    The last ten years alone?
    This bastard administration has let the next 911 over our border already. The brain dead bitch will be long dead before we have to deal with the consequences of his woke administration.
    DIAFF you bastards. You will still be here though…watch your backs.

  10. Did the military services ever get caught up on their reporting requirements. As I recall, a failure to do so allowed a mass shooting in Texas to occur, and an investigation afterwards revealed that the AF was off by about 27% (as I recall), and the Army double that.

  11. If the issue is “upload”, or “entering” of data, police departments are also a source of weakness in “the system”.

    But problems with data accuracy are not something to be concerned about. Point is, background checks have prevented untold numbers of criminals from obtaining firearms. Look at all the murders, mass shootings, and other crimes that didn’t happen in a given year, all due to background checks permanently preventing prohibited persons from getting guns.

    Gun control works if everyone would just follow the laws. And a national registry (prohibition of which is just simple legislation) would ensure people misusing guns are quickly identified, and arrested. Everyone should have a right to have a gun, but it is imperative we monitor the usage. Just because someone passes a background check today, doesn’t mean they won’t commit a crime using a gun tomorrow.

    • Sam,

      I often like the substance of your comments, and even if I disagree, I usually find them reasonable. This one was ‘a swing and a miss’. Allow me to illustrate:

      “But problems with data accuracy are not something to be concerned about.”

      We’re talking about government incompetence that may have a material impact on the exercise of a constitutional right. In what freakin’ universe is that NOT “something to be concerned about”?????????????

      “Point is, background checks have prevented untold numbers of criminals from obtaining firearms.” I would ask you to document and support that idiot statement, but I’m familiar with the studies, and the ONLY support that nonsense has is . . . the number of denied 4473, which idiot anti-gunners translate to “the applicant didn’t buy a gun”. Sure, Jan. The denied applicant NO WAY went out and bought a street gun or other private gun, right??? Pull the other one, it has bells on it.

      “Everyone should have a right to have a gun, but it is imperative we monitor the usage.”

      OOOOHH!!!!! I am looking forward to the brave new world where we have to report to out benevolent (and OH, SO COMPETENT) government every time I write a letter to the editor, post a comment online, go to church, or exercise any other FUNDAMENTAL RIGHT, protected by the Constitution. Sounds spiffy!!!!

      I can only hope you wrote this without giving it much thought, because . . . it was monumentally stupid.

      • Lamp, there are more clues to sarcastic intent in his post, than there are in yours, so I conclude you misread him. All those years of government service in the Department of Redundancy Department have no doubt taken a toll on him. I’m not prepared to say that he delights in yanking chains, but he does it regularly, and with a certain flair. Perhaps even with alacrity…

        • “All those years of government service in the Department of Redundancy Department have no doubt taken a toll on him.”

          While in federal service, sometimes I would replace the office signature block in emails, with “Department of Redundancy Department”. In 10yrs, never received an indication that anyone noticed.

        • Sam,

          *blushing with shame* You got me. I bit on that one, hook, line and sinker.

          Well played, my friend, well played.

        • OK guy’s, Now as Kamel-toe would probably say ” Group Hug everybody, and a couple of verses of “koom-buy-ya!” and we can get back to the business of dismantling the “leftist Scum”

    • “Look at all the murders, mass shootings, and other crimes that didn’t happen in a given year, all due to background checks permanently preventing prohibited persons from getting guns.”
      You don’t seriously believe that do you Sam?

      • “You don’t seriously believe that do you Sam?”

        Go back and read the comment, again; read at about half-speed. The clues are all there.

      • Glad to see Sam caught at least ONE other in his net!!!

        Muckraker, I am certainly in NO position to criticize, since I jumped on it earlier and harder, but . . . Sam made us look like silly buggers.

  12. Permission from your government is required for to to exercise your constitutional rights.
    Get it.
    We the Government

  14. I have worked in fed govt for 27 yrs. Common SOP is to not comply with the same laws or use the same good business practices that your agency enforces on the public. Nothing changes.

  15. No news is good news.
    All that crap means is there are going to be stricter crackdowns on all gunm sales. They will change the three day wait to a three year wait or forever how long it takes to do an extended background check to check the background check universally.
    NativeAmerican related to Sitting Bull? Japanese relatives before 1942? Maybe someone sold alcoholic beverages without a license.
    We just need to go back into time and we will do all that’s possible to proceed with your transaction in a timely manner, Mr. Dalton.

  18. Oh, the DHS is monumentally incompetent?? And in other news, water is wet, the sun rises in the east, and dacian is a drooling, uneducated idiot.

    We already knew the the armed services have been historically inept at processing and reporting “outcomes”. There are stories out there about both false positives and false negatives being common. I won’t even approach the policy argument about whether the concept of banning people for certain offenses, AFTER they have completed their sentences, is constitutionally justifiable.

    The thing that amazes me is that the Leftist/fascists will complain bitterly about their INDIVIDUAL interactions with the DMV, the Post Office, the local building and zoning department, and ALWAYS about the police . . . but their “solution” to every problem is to let the government control it.

    I would make a comment about Einstein, and people doing the same thing and expecting a different result, but . . . we already know Leftist/fascists are bug-f*** nuts.

  20. @Lamp
    “You got me. I bit on that one, hook, line and sinker.”

    Happy to be here, grateful for the opportunity, proud to serve.

  22. @Guardian Angel
    “OK guy’s, Now as Kamel-toe would probably say ” Group Hug everybody, and a couple of verses of “koom-buy-ya!” and we can get back to the business of dismantling the “leftist Scum”

    There was no animosity, but ah ‘preciate your counsel.

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