The Story Of Federal Criminal Background Checks
In the United States much of the drudgery and hard work done by federal agents when running any sort of background check, including criminal background checks, has been removed thanks to several developments that let to the creation of a system that links relevant databases throughout the United States and its overseas territories. This arrangement, the National Instant Criminal Background Check System or NICS, has allowed federal criminal background checks to be done in less than a minute. This is great improvement on the way federal criminal background checks were done immediately before the system was put in place and a even greater improvement on the methods used just a generation before, an improvement that is nothing less than stunning.
Before computers and computer networks were used by federal agencies, conducting thorough and comprehensive federal criminal background checks was hard work, work that was often complicated by criminals committing crimes in different districts and jurisdictions. This often meant that to check on the criminal history of someone, you had to wade through a forest of files and paper and untangle clumps of government red tape. Even if everything went smoothly without a hitch, it was unlikely completely checks could be done quickly. Calling up counterparts in other jurisdictions to request record checks sometimes took place and before overnight couriers and fax machines, copies of records in other areas took much time to compile.
Running federal criminal background checks became easier as United States government agencies started encoding criminal records old and new into mainframe computers and eventually, computer networks. Thus when a record from another jurisdiction was requested, it was a fairly simple matter to send it online. Eventually, most criminal records became available on some computer networks and there was limited sharing between federal agencies and state and local law enforcement arms. Records required by agencies to perform federal criminal background checks were easily obtainable from a wide variety of sources. On the other hand, technology had evolved faster than the law and consequently, red tape and politics impeded efficient sharing of records.
Then on November 1993, the Brady Act, more properly called the Brady Handgun Violence Prevention Act of 1993 or Public Law 103-159 was passed. This law proved to be the main reason for the creation of a system that allowed faster background checks to be conducted. This is because the Brady Act required FFL or Federal Firearms Licensees to run background checks on any individuals that attempt to purchase firearms. In the United States, there is a strong culture of gun ownership and millions of handguns circulate throughout the country. A firearm ban could not be implemented due to a strong gun lobby in the United States Congress and arguable Constitutional protection of gun ownership. However, there was a continuing public outcry due to violent crimes being conducted with firearms. So the Brady Act aimed to reduce gun ownership for certain categories of people, and still allow qualified individuals to have access to firearms. To categorize people, federal criminal background checks are a necessity. However, with all the millions of Americans attempting to buy firearms, the systems to conduct background checks would be overwhelmed. Thus the National Instant Criminal Background Check System was instituted by the Attorney General after the last provisions of the Brady Act were instituted. This system as made thorough federal criminal background checks possible to within less than thirty seconds, saving valuable time and resources. This all is truly a remarkable evolution from the age of filing cabinets and paper cuts.
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