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Tag: background checks

FBI Won’t Follow Nevada’s New Gun Control Law, Saying It’s Unenforceable

gunsBy Steve Neavling
ticklethewire.com

A voter-approved measure in Nevada to require more gun background checks isn’t enforceable, says the FBI and Nevada’s attorney general. 

Under the measure, which was supposed to go into effect on Jan. 1, gun transactions between private citizens must involve federal screenings through the FBI’s National Instant Criminal Background Check System.

But according to the Washington Times, the FBI won’t conduct the checks. 

In a letter to state officials, the FBI said the state is tasked with background checks and the ballot initiative’s approval “cannot dictate how federal resources are applied.”

The measure prohibits the state from conducting the background checks involving private sales.

“It is manifestly unjust to criminally penalize someone for failing to perform an act that is impossible to perform,” Nevada Attorney General Adam Laxalt, a Republican, wrote in an opinion Wednesday deeming the ballot initiative unenforceable. “Despite its intent to merely regulate the transfer or sale of firearms between private parties, because it is impossible to perform the background checks as required by the Act, the Act now unconditionally prohibits such transactions under the threat of criminal prosecution for conduct that was formerly lawful and routine.”

Lawmakers Consider Proposal to Require Lyft, Uber to Undergo FBI Background Checks

uberBy Steve Neavling
ticklethewire.com

Some lawmakers are considering a proposal that would require drivers of ride-sharing services Uber and Lyft to undergo FBI background checks.

Taxi companies, which have been hit hard by the lower prices of Uber and Lyft, said they are subject to FBI background checks and so should drivers for ride-sharing services, the Las Vegas Sun reports. 

Supporters of the ride-sharing services say background checks are a nonstarter and intended to bump Uber and Lyft off the roads.

“There’s a lot of interest in the background check because of public safety,” said John Mowbray, a lawyer who represents Frias Transportation Management, which operates one of Las Vegas’ largest cab companies.

Left and Uber are not fans of FBI checks because they are costly and can months to process. The companies, instead, rely on commercial background checks.

Other Stories of Interest

FBI Background Checks Surge in June After Mass Shooting in Orlando

gunBy Steve Neavling
ticklethewire.com

Americans are buying more guns in the immediate aftermath of mass shootings.

Following the deadliest mass shooting in modern U.S. history, gun sale surged in June, CNN reports. 

The FBI conducted more than 2.1 million background checks in June 2016. By comparison, the FBI conducted 1.5 million background checks in June 2015.

The FBI is on track to eclipse last year’s record for background checks.

In the first half of this year, the FBI conducted 13.8 million background checks, compared to 23.1 million for all of last year.

Defense Lawyers: Two DEA Employees Operated Strip Club Frequented by Law Enforcement

dea-badgeBy Steve Neavling
ticklethewire.com

Two DEA employees are accused of lying during national security background checks about owning a strip club in South Hackensack, N.J.

Authorities said the DEA official and civilian DEA employee in New York City worked regular shift at the Twins Plus Go-Go Lounge and were in charge of hiring and firing dancers and bouncers, the New York Times reports. 

The defense lawyers have a strategy: They are arguing that the defendants’ ownership of the club was well-known in the agency and that law enforcement officials frequented the club.

David Polos, 51, a former assistant special agent in charge, and Glen Glover, 46, a telecommunications specialist, have been charged with conspiracy and making false statements.

The men are accused of lying during their criminal background checks, saying their only employment was with the DEA.

The defense lawyers said that law enforcement is trying to prevent the disclosure of DEA agents were frequented the establishment.

“What’s really going on here is they want to shut down the fact that D.E.A. agents go to adult establishments, which is an absolute legal right,” Polos’ lawyer, Marc Mukasey, said.

Other Stories of Interest

FBI So Busy with Spike in Gun Background Checks That it Halted Appeals

gunsBy Steve Neavling
ticklethewire.com

The FBI has been so swamped with the increase in criminal background checks for gun purchasers that it has been forced to temporarily stop processing thousands of appeals from people who have been denied a firearm, the USA Today reports. 

The news comes after the FBI conducted more background checks for guns in 2015 than any previous year.

The FBI has about 50 analysts who handle appeals, but the employees were redeployed to keep up with the spike in background checks.

As a result of the redeployment, the FBI has a backlog of 7,100 appeals.

“The last several months, we’ve kind of found ourselves in a perfect storm,’’ Morris said in an interview with USA TODAY.

The spike in gun purchases followed several high-profile shooting massacres.

President Obama Plans to Hire More FBI, ATF Staff to Expedite Background Checks for Firearms

President Obama Executive Order ImmigrationBy Steve Neavling
ticklethewire.com

The Obama administration wants to expedite mandatory background checks on gun buyers and needs hundreds more federal law enforcement personnel to help, Govexec.com reports. 

The plan calls for hiring more than 230 extra analysts and other support staff for the National Instant Criminal Background Check System, which saw a record number of gun sales.

The idea is to more quickly process background checks, which helps the FBI provide notice to local authorities about potential unlawful firearm purchases.

The White House said the new hiring “will begin immediately and increase the existing workforce by 50 percent,” according to a fact sheet on the executive actions. “This will reduce the strain on the NICS system and improve its ability to identify dangerous people who are prohibited from buying a gun before the transfer of a firearm is completed.”

The hiring will take place over the next two years.

President Obama to Announce Executive Actions to Tighten Gun Control

president obama state of unionBy Steve Neavling
ticklethewire.com

President Obama is expected to announce a long-awaited executive action on gun control this week in his final year as president, Politico reports. 

The White House said the measures would curb gun violence.

Citing people familiar with the proposals, Obama would require more small-scale gun sellers to be licensed, making them subject to background checks.

Obama also wants to tighten rules for reporting stolen or lost guns.

Obama proposed even stiffer gun regulations but Congress was unlikely to approve any new curbs on firearms.

Other Stories of Interest

FBI Conducts Record Background Checks for Guns in 2015

gunsBy Steve Neavling
ticklethewire.com

The FBI conducted more background checks for guns in 2015 than any previous year, the bureau announced today. 

While background checks aren’t a precise measure of the number of guns purchased, they do represent a majority of the guns that were sold. FBI background checks are done through a federally licensed dealer, where most firearms are sold.

The gun sales follow a series of mass shootings that often motivate people to buy firearms.

The FBI conducted 23.1 million guns in 2015, more than double the amount in 2007.

December was the busiest month, with 3.3 million background checks.

Federal background checks began in November 1998.

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