Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

"NICS Improvement Amendments Act" Not Gun Control!

Saturday, June 23, 2007

Last week, when the U.S. House of Representatives overwhelmingly passed H.R. 2640, "The NICS Improvement Amendments Act," by a voice vote, some gun owners were confused as to the exact scope and effect of this proactive reform bill. Let’s look at the facts.

H.R. 2640 provides federal funds to states to update their mental health records, to ensure that those currently prohibited under federal law from owning a gun because of mental health adjudications are included in the National Instant Criminal Background Check System (NICS). For many years, NRA has supported ensuring that those who have been adjudicated mentally incompetent are screened by the NICS.

In several ways this bill is better for gun owners than current law. Under H.R. 2640, certain types of mental health orders will no longer prohibit a person from possessing or receiving a firearm. Examples are adjudications that have expired or been removed, or commitments from which a person has been completely released with no further supervision required. Also excluded are federal decisions about a person’s mental health that consist only of a medical diagnosis, without a specific finding that the person is dangerous or mentally incompetent. The latter provision addresses very real concerns about disability decisions by the Veterans Administration concerning our brave men and women in uniform. Remember that one of the Clinton Administration’s last acts was to force the names of almost 90,000 veterans and veterans’ family members to be added to a "prohibited" list. H.R. 2640 would help many of these people get their rights restored. H.R. 2640 will also require all participating federal or state agencies to establish "relief from disability" programs that would allow a person to get the mental health prohibition removed, either administratively or in court. This type of relief has not been available at the federal level for the past 15 years.

This legislation will also ensure—as a permanent part of federal law—that no fee or tax is associated with a NICS check¾a NRA priority for nearly a decade! While NRA has supported annual appropriations amendments with the same effect, those amendments must be renewed every year. This provision would not expire. H.R. 2640 will also mandate an audit of past spending on NICS projects to determine if funds were misused in any way.

It is also important to note what H.R. 2640 will not do. This bill will not add any new classes of prohibited persons to NICS, and it will not prohibit gun possession by people who have voluntarily sought psychological counseling or checked themselves into a hospital for treatment.

So why the confusion?

First and foremost, the national media elite is irate that NRA has been able to roll back significant portions of the Clinton Administration`s anti-gun agenda and pass pro-active legislation in Congress and in many states. They are desperate to put a "gun control" spin on anything they can. The only real question here is¾given the media`s long-standing and flagrant bias on the gun issue¾why are some gun owners suddenly swallowing the bait?

Second, some people simply do not like the NICS. In 1993, Congress passed the Brady Act, including a mandatory five-day waiting period, over strong NRA opposition. Due to NRA’s insistence, that waiting period was allowed to sunset in 1998, once the NICS was up and running nationwide. Now that the NICS is in place, it makes sense to ensure that this system works as instantly, fairly, and accurately as possible.

Also troubling to many is the fact that Rep. Carolyn McCarthy (D-N.Y.) is a cosponsor of the bill. Carolyn McCarthy is among the most anti-gun Members of Congress. She has introduced another bill, H.R. 1022, which represents the most sweeping gun ban in history. But Rep. McCarthy is not the only co-sponsor of H.R. 2640. She was joined by some of the most pro-gun members of the House of Representatives in crafting this bill, including John Dingell (D-Mich.), Rick Boucher (D-Va.), and Lamar Smith (R-Tex.). A few years ago, when Congress passed a bill allowing airline pilots to be armed, one of the lead sponsors was anti-gun Senator Barbara Boxer (D-Ca.). Sen. Boxer’s support of that legislation did not cause gun owners to oppose it.

Finally, some people have asked why the bill passed on a voice vote. The reality is that there’s nothing unusual about passing a widely supported bill by voice vote. Even so, the House rules allow any House member to request a recorded vote on any issue, and in practice, those requests are universally granted. Despite having that option on the floor, no representative asked for a roll call on this bill.

H.R. 2640 is now pending in the Senate. Rest assured that if the anti-gunners use this legislation as a vehicle to advance gun control restrictions, NRA will pull our support for the bill and vigorously oppose its passage!

(For additional information, please click here: http://www.nraila.org/Issues/FactSheets/Read.aspx?id=219&issue=018.)

TRENDING NOW
Declassified Document: Biden-Harris Administration Targeted Gun Owners and Second Amendment Rights Under “Domestic Terrorism” Pretext

News  

Monday, April 21, 2025

Declassified Document: Biden-Harris Administration Targeted Gun Owners and Second Amendment Rights Under “Domestic Terrorism” Pretext

On April 16, Director of National Intelligence Tulsi Gabbard made good on a promise to expose the ways in which the Biden administration had weaponized the federal government against its political adversaries by releasing the Biden-era “Strategic Implementation Plan ...

Trump Administration Revives Federal Firearm Rights Restoration Provision

News  

Friday, March 21, 2025

Trump Administration Revives Federal Firearm Rights Restoration Provision

On March 20, the U.S. Department of Justice (DOJ) published an interim final rule entitled, Withdrawing the Attorney General’s Delegation of Authority. That bland title belies the historic nature of the measure, which is aimed at reviving ...

Federal Court in Massachusetts Enforces Range Access Statute in Pathbreaking Case

News  

Monday, April 21, 2025

Federal Court in Massachusetts Enforces Range Access Statute in Pathbreaking Case

It has happened before in Massachusetts: A small, hardy band of armed Americans faces off against elements of the most powerful military in the world and commits a revolutionary act that paves the way for ...

Germany Strips “Extremist” AfD Members, Supporters of Gun Licenses, Guns

News  

Monday, April 14, 2025

Germany Strips “Extremist” AfD Members, Supporters of Gun Licenses, Guns

It’s been only a few years since the San Francisco Board of Supervisors passed a resolution calling the NRA a “domestic terrorist organization.” 

Trump DOJ Creates Second Amendment Task Force to Undo Damage of Biden Era

News  

Monday, April 14, 2025

Trump DOJ Creates Second Amendment Task Force to Undo Damage of Biden Era

Last week, the U.S. Department of Justice (DOJ) formally announced the creation of a Second Amendment Task Force with Attorney General Pam Bondi declaring, “It is the policy of the Department of Justice to use its full ...

Washington: Permit to Purchase Bill Passes Senate

Tuesday, April 15, 2025

Washington: Permit to Purchase Bill Passes Senate

On Monday, April 14th, the Senate passed House Bill 1163, the permit-to-purchase scheme, along party lines. It will now return to the House for concurrence with amendments made in the Senate. NRA members must urge ...

DOJ Drops Controversial NFA Charge Against Pardoned Jan. 6 Protestor

News  

Monday, April 21, 2025

DOJ Drops Controversial NFA Charge Against Pardoned Jan. 6 Protestor

Last February, NRA-ILA’s reporting exposed the case of Taylor Taranto, a pardoned January 6 protestor separately arrested on firearm charges in Washington, D.C. 

Tennessee: Pro-Gun Bills Advance to Governor's Desk

Monday, April 21, 2025

Tennessee: Pro-Gun Bills Advance to Governor's Desk

Last week, the Tennessee legislature passed two pro-gun bills, advancing them to Governor Bill Lee's desk for his consideration.

Tennessee: Legislative Session Adjourns with Wins for Gun Owners & the Firearm Industry

Wednesday, April 23, 2025

Tennessee: Legislative Session Adjourns with Wins for Gun Owners & the Firearm Industry

Yesterday, April 22nd, the Tennessee General Assembly adjourned its 2025 legislative session. Two pro-gun bills received final passage and have been transmitted to Governor Lee’s desk for consideration:      

Florida: Legislation to Remove 2A Restrictions During Emergencies Sent to Governor’s Desk

Wednesday, April 23, 2025

Florida: Legislation to Remove 2A Restrictions During Emergencies Sent to Governor’s Desk

Today, companion bills Senate Bill 952 and House Bill 6025, protecting our Second Amendment Rights during a state of emergency, received final passage from the legislature and will now head to Governor DeSantis's desk for his consideration.  

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.