Oregon NICS Act Record Improvement Program

The NICS Improvement Amendments Act of 2007, Pub. L. 110-180 ("NICS Improvement Act"), was signed into law by the President on January 8, 2008. The NICS Improvement Act amends the Brady Handgun Violence Prevention Act of 1993 ("the Brady Act") (Pub. L. 103-159), under which the Attorney General established the National Instant Criminal Background Check System (NICS). The Brady Act requires Federal Firearms Licensees (FFLs) to contact the NICS before transferring a firearm to an unlicensed person for information on whether the proposed transferee is prohibited from receiving or possessing a firearm under state or federal law. The NICS Improvement Act authorizes grants to be made in a manner consistent with the National Criminal History Improvement Program (NCHIP).

There are two conditions that each state must satisfy before being eligible to receive grants: 1) a state must provide to the Attorney General a "reasonable estimate," based on a methodology established by the Attorney General, of records subject to the Act's completeness requirements; and 2) a state must certify, to the satisfaction of the Attorney General, that the state has implemented a program permitting persons who have been adjudicated a mental defective or committed to a mental institution to obtain relief from the firearms disabilities imposed by law as a result of such adjudication or commitment. This relief must be granted, in accordance with principles of due process, by a state court, board, commission, or other lawful authority. The relief must be based on a finding that the circumstances of the disability and the person's record and reputation are such that the person will not be likely to act in a manner dangerous to the public safety and that the granting of relief would not be contrary to the public interest.

The Oregon State Police (OSP) will use FY 2009 NICS Act Record Improvement Program funds to establish a partnership project involving the Oregon Judicial Department (OJD), the Oregon Department of Human Services (DHS), Addiction and Mental Health Division, the Oregon Psychiatric Security Review Board (PSRB), and the OSP that will perform analysis and reconciliation of Oregon records of individuals prohibited from possessing or transferring firearms, in anticipation of their transfer to the NICS. OSP will also use funds to assist with the operation of Oregon's relief from disabilities program and related records work necessary to attain compliance with the NICS Act of 2007.

(CA/NCF)