4,000-plus guns sold to disqualified buyers
Getting weapons back puts ATF agents’ lives at risk
“These are people who shouldn’t have weapons in the first place, and it just takes one to do something that could have tragic consequences.” David Chipman Former ATF official
WASHINGTON – Federal authorities sought to take back guns from thousands of people the background check system should have blocked from buying weapons because they had criminal records, mental illnesses or other problems that would disqualify them.
A USA TODAY review found that the FBI issued more than 4,000 requests last year for agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives to retrieve guns from prohibited buyers.
It’s the largest number of such retrieval requests in 10 years, according to FBI records — an especially striking statistic after revelations that a breakdown in the background check system allowed a troubled Air Force veteran to buy a rifle used to kill more than two dozen people at a Texas church last month.
The FBI’s National Instant Criminal Background Check System (NICS) vets millions of gun purchase transactions every year. The thousands of gun sei-
zure requests highlight persistent problems in a system in which analysts must complete background checks within three days of the proposed purchase. If the background check is not complete within the 72-hour limit, federal law allows the sale to go forward. ATF agents are asked to take back the guns if the FBI later finds that the sales should have been denied.
The ATF agents tasked with retrieving the banned weapons from unauthorized gun owners across the country are exposed to potentially dangerous confrontations.
“These are people who shouldn’t have weapons in the first place, and it just takes one to do something that could have tragic consequences,” said David Chipman, a former ATF official who helped oversee the firearm retrieval program. “You don’t want ATF to stand for ‘after the fact.’ ”
It was not clear how many gun seizure requests agents successfully executed last year or how many weapons were recovered. Because multiple firearms can be purchased in a single transaction, the number of guns that should have been banned could be higher.
Chipman, a senior policy adviser for the Giffords Law Center, which advocates for more gun restrictions, called the retrievals “uniquely dangerous.”
Stephen Morris, a former assistant FBI director, said FBI examiners who review gun purchasers’ backgrounds recognize the risks.
“They are very aware of the inherent risk to law enforcement officers when they (seek) a firearm retrieval,” said Morris, who recently oversaw the bureau’s background check operation based in West Virginia. “They feel tremendous pressure to make a determination” within the three-day period.
Reviewing the vetting system
The spike in gun retrieval directives is attributed in part to the record 27.5 million background checks fielded by NICS examiners last year.
Last month, Attorney General Jeff Sessions launched a sweeping review of the vetting system after a reporting breakdown allowed Devin Kelley to purchase a rifle that he used in the church shootings Nov. 5 in Texas.
Air Force officials acknowledged that the service failed to transmit a record of Kelley’s court-martial on domestic assault charges to the FBI, which would have made him ineligible for the purchase of the rifle in 2016. Tuesday, the Air Force said a preliminary review concluded that the reporting error was part of a broader problem within the service, indicating that “similar reporting lapses occurred at other locations.”
The Kelley case highlights longstanding problems with government databases that are rife with incomplete or inadequate record submissions. Morris said the NICS depends on those databases that largely rely on voluntary record submissions from law enforcement agencies, the military and mental health authorities to guard against unauthorized firearm purchases.
Mixed success rate
The government’s record when it comes to retrieving improperly purchased guns has been mixed.
The ATF declined to provide information on the 4,170 gun purchases the FBI referred for seizure last year. They reflect a substantial increase from 2,892 requests the previous year. The FBI said the ATF is not required to report back on the status of the retrieval efforts.
In 2004, the Justice Department’s inspector general found that the ATF’s retrieval efforts were plagued by staffing shortages, technological inefficiencies and a general lack of urgency that resulted in recovery delays of up to a year.
“ATF agents did not consider most of the prohibited persons who had obtained guns to be dangerous and therefore did not consider it a priority to retrieve the firearm promptly,” the report concluded.
An inspector general’s report last year found marked improvement. Of 125 transactions examined from 2008 to 2014, investigators found the ATF recovered 116 — or 93% — of the firearms. Of the nine outstanding cases, five buyers could not be located. Two had resold the firearms. One case was turned over to local authorities, and another was not pursued because the agency “did not have the resources to retrieve the firearm,” the report found.
Gun industry weighs in
Larry Keane, general counsel for the firearm industry trade association National Shooting Sports Foundation, noted that the FBI’s seizure directives represent only a small portion in the flood of transactions that the bureau has been processing in recent years. On Black Friday alone, FBI examiners fielded more than 200,000 background check requests, a one-day record for the system.
“What we support are more resources for the NICS operation to process the volume of requests,” Keane said.
Keane said there has been no discussion in the industry about extending the three-day time limit for completing background checks. But Chipman, the former ATF official, called the 72-hour provision “reckless” and a concession to “the powerful gun industry that nobody wants to irritate.”
In some cases, Keane said the FBI gets more than three business days to complete the checks when purchases fall on weekends or holidays.
For now, much of the attention on gun policy by lawmakers has focused on boosting compliance with current reporting requirements.
Last month, a bipartisan group of senators led by Republican Sen. John Cornyn of Texas introduced legislation that would penalize federal agencies that fail to properly report relevant criminal and mental health records. The bill also directs more federal funding to the accurate reporting of domestic violence records.