Paper Tiger?

Will the Brady Law Work After Instant Check?

Potential Problems With Instant Check's Architecture

• Some states not automated. The Interstate Identification Index depends directly on the quality of state databases. Yet, despite years of preparation and millions of dollars in federal grants to computerize or upgrade record systems, some states simply do not have the technological infrastructure in place to conduct adequate Instant Checks.

• Data not available. Several of the categories of "prohibited persons" are generally not available in database form. For example, information distinguishing domestic violence misdemeanors from other violent misdemeanors is usually not accessible by computer. Records on mental health or use of illegal drugs are frequently sealed under state laws and are rarely centrally automated.

• Data not updated. There is often substantial lag time before data is entered into the computer. In many cases, while arrest records are available, they are not accompanied by any information on the final disposition of the case (whether the defendant was convicted or acquitted), rendering them useless for determining whether a gun buyer is a convicted felon.

• Name-only requests. Gun buyers are not required to provide any information other than their name, address, and date of birth. Without social security numbers or other backup, there will inevitably be confusion, especially when conducting background checks on persons with common names.

• Glitches. Like any complex computerized system, there will be unpredictable glitches in the architecture. The transition will most likely be complicated further because it will occur during the highest-volume time of year for gun sales: the middle of the hunting season and the Christmas rush.

Go to next section, Other Controversies About the Brady Law Transition

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