Utah FY 2018 NICS Act Record Improvement Program

The NICS Improvement Amendments Act of 2007, P. L. 110-180 ("NIAA"), was initially signed into law by the President on January 8, 2008 (reauthorized by Title VI of the Consolidated Appropriations Act of 2018, P.L. 115-141). The NIAA 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 NIAA authorizes grants to be made in a manner consistent with the National Criminal History Improvement Program (NCHIP).

The Utah State government, in conjunction with units of Utah local government and state and local courts, routinely submit information to the NICS national database and are continually looking for improvements to systems and policy to improve the submission process which addresses the state goals. The state uses federal resources to supplement state funds for criminal history projects.

Under the FY 2018 NARIP, the Utah Commission on Criminal and Juvenile Justice will transfer funds to the Utah Prosecution Council (UPC) for its Prosecution Case Management System project. UPC will use funds to complete phase III of the case management system project by providing the resources needed to help all of Utah’s 29 counties connect to a centralized system. Having a uniform case management system in prosecutor offices will allow for the exchange of defendant information, including names and aliases, charges filed, dismissal, acquittal or convictions, sentencing orders, compliance with probation [i.e. non/payment of fines, non/completion of treatment (substance abuse, mental health, domestic violence, etc.)], probation violations, and protective orders issued. Sharing this information will help increase the accuracy of court and criminal history records and help in making records accessible to NICS.

Funds will also be transferred to the Department of Public Safety (DPS) to improve the reporting of protective order and mental health information in court records. Of the 14,289 protective orders entered into Utah’s local database in the past 12 months, 52% were not able to be entered into the National Crime Information Center (NCIC) due to missing data. Missing data is also a problem for the entry of mental health data into the NICS Indices. This effort will involve enhancing the interface between DPS and the Administrative Office of the Courts for the secure transmission of protective order and mental health information to the FBI’s national systems.

(CA/NCF)