Monday, December 7, 2009

Colorado's Instant Background Check System

CBS4 in Denver reports on the results of the state background check system for gun purchasers.

Twenty-six convicted killers tried to buy guns in Colorado this year but were denied as part of the state's instant background check program.

The 26 killers were among the nearly 5,000 people who were denied a gun purchase because of their criminal records through November of this year, according to data from the state's InstaCheck program.

That sounds like an endorsement for the background check system, wouldn't you say? Or, is it an endorsement for the state-run system only?

Colorado is one of only 14 states that conducts its own criminal background checks on potential gun purchasers. Other states rely on the FBI, which can sometimes take up to three days for a check. The average time for a background check in Colorado is 37 minutes.

This data illustrates the program's effectiveness and "shows that state-run background checks can work better than those conducted by the FBI because the federal agency doesn't have access to local law enforcement databases."

A big problem with the national system is that when a background check takes longer than three days it defaults to an approved status and the gun purchase goes through. The law requires that the results are destroyed within 24 hours, Allowing a certain percentage of prohibited persons to buy guns legally.

The problem with the states system is that approximately 1 in 40 applicants is denied because of a criminal record in COLORADO. Wouldn't it be reasonable to expect some of the 39 to have had convictions in other states?

The other problem is the 37 minutes it takes for someone in Colorado to buy a gun is not long enough for them to cool down if they happen to be in a deranged state. The beautiful Rocky Mountain state of Colorado ranks number 7 in suicides. Add the suicides which might have been avoided to the other crimes of passion and you've got a good argument for a three day waiting period.

What we need is a national background check system that works, not a state system that instantly screens out those with criminal records there at home but allows volatile people to buy guns, and certainly not a federal system that can't produce results within three days and defaults to approved. What we need is a system that works and it needs to be applied to all purchases, but that's another argument.

What's your opinion? Please leave a comment.

10 comments:

  1. Waiting periods have already been debunked. The average time between when a crime gun is purchased and used in a crime is 12 months. In other words, in order for a waiting period to be effective in reducing crimes of passion and suicides, the waiting period would have to be over a year.

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  2. Mikeb: "The other problem is the 37 minutes it takes for someone in Colorado to buy a gun is not long enough for them to cool down if they happen to be in a deranged state. The beautiful Rocky Mountain state of Colorado ranks number 7 in suicides. Add the suicides which might have been avoided to the other crimes of passion and you've got a good argument for a three day waiting period."

    The Brady law mandated a FIVE day NATIONAL waiting period in 1994, but the waiting period sunsetted in favor of Instant Check in 1998. If a waiting period has the benefit which you claim, there should have been a significant and observable decrease in that benefit when the waiting period was removed in 1998.

    Mikeb, can you show us such a significant change that can be attributed to removal of the national waiting period? I have asked this of other gun control advocates without results (other than evasion).

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  3. Wow MikeB, there is so much that's just flat out WRONG in your post I don't know where to start.

    Research would be a good idea so you don't post something that's full of factual inaccuracies. How can you be for more gun control when you clearly don't have the slightest clue what you're talking about?

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  4. "The other problem is the 37 minutes it takes for someone in Colorado to buy a gun is not long enough for them to cool down if they happen to be in a deranged state."

    Hmmm, what if they were a woman who needed to protect themselves from an ex (or stalker) who was in a deranged state? I guess waiting periods are bad for women too.

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  5. Twenty-six convicted killers tried to buy guns in Colorado this year but were denied as part of the state's instant background check program.


    Were the killers merely denied, or were they arrested for the felony they just committed and put back in jail?

    The average time for a background check in Colorado is 37 minutes.

    I've had 6 NICS checks, and I don't think any of them took more than 10 minutes. The 3 days for the federal system is maximum, and uncommon.

    because the federal agency doesn't have access to local law enforcement databases....

    The FBI may or may not have access to the database, but if the state is doing their job, the FBI has the data itself in their own database.

    A big problem with the national system is that when a background check takes longer than three days it defaults to an approved status and the gun purchase goes through.


    Without a maximum and a mechanism for enforcement, anti-gun bureaucrats have no incentive to keep the system working. "Sorry, no gun sales this month, the system is down again".

    The law requires that the results are destroyed within 24 hours,


    If I'm not mistaken, the law only requires that "proceed" results be destroyed, not "delay" or "deny".

    Allowing a certain percentage of prohibited persons to buy guns legally.

    Actually no. It remains illegal for them to buy or possess. It does however make it legal for the seller.

    Do you have any idea how many purchases are approved in error due to the expiration of the three day limit?

    Wouldn't it be reasonable to expect some of the 39 to have had convictions in other states?

    States administering NICS checks have access to the FBI data, not just their own.

    Add the suicides which might have been avoided to the other crimes of passion and you've got a good argument for a three day waiting period.

    Do you have any statistics on crimes or suicides committed within 3 days of a first-time purchase that would justify a waiting period? My understanding is time-to-crime is generally measured in months or years, not hours or days. Should I have to wait 3 days to purchase another gun even though I am currently carrying one?

    Would you accept a mandatory background check that was required for a sale, but could also be used for other purposes so a check did not necessarily indicate a purchase?

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  6. There definitely should be ample statistics to prove the "cooling off" period is beneficial. When I come across them, I'll be sure to post them.

    I don't doubt what Sevesteen and others said that the norm in weeks or months between purchase and crime with a gun.

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  7. Mikeb: There definitely should be ample statistics to prove the "cooling off" period is beneficial. When I come across them, I'll be sure to post them.

    By all means please do so. Many other gun control advocates have failed to do so, even when so challenged.

    I am paticulary interested in what should be the best possible test case: The removal of the Brady national waiting period in 1998.

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  8. Many other gun control advocates have failed to do so, even when so challenged.

    I'll put money on MikeB finding no such data.

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  9. Mike W: "I'll put money on MikeB finding no such data."

    Beware, Mike W. When you say "X never happens," your opponent can show that X happened in Tuscaloosa in 1962 and claim a debate victory, obscuring your point that X ALMOST never happens.

    Gun crime often goes up and down due to factors independent of any gun law. It would stand to reason that a down fluctuation might somewhere coincide with a waiting period law, but it will take more than one local instance to prove causation.

    I would be take more notice if there was a significant national increase in shootings by those who bought guns less than 3 days prior, following the removal of the Brady national waiting period in 1998.

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  10. FishyJay - That's why I said he'd find no such data.

    He *might* be able to point to one anecdote, but I think we all know he has no verifiable statistical evidence.

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