Immediate Notification of Disqualifying Arrests to Concealed Weapon Permit Issuers

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).

Idaho has been committed to substantially implementing information sharing as it pertains to the National Instant Criminal Background Check System (NICS) since the program's inception. The Idaho State Police (ISP) understands that the quality of information in government databases is of the highest importance when used by NICS to determine eligibility to purchase a firearm. Through the strategic information sharing initiative and use of grant opportunities, the ISP's Bureau of Criminal Identification (BCI) continues to move towards its information sharing goals.

In Idaho, a concealed weapon permit can be used as a NICS alternative to purchase a weapon. State sheriffs can issue the permit after a fingerprint based criminal history check and a NICS check have been performed. However, the sheriffs who issue these permits are not always notified when the permit holder is later arrested for a crime that is listed as a prohibitory crime.

Under this award, the Idaho State Police, Bureau of Criminal Identification (BCI)will alleviate this issue and provide immediate notification of a prohibitory arrest to the sheriff, by using funds to develop a rap-back program within the current message switch system. The new state rap-back program will be interfaced with the FBI rap-back program. When a person applies for a concealed weapons permit and prints are submitted to the BCI for a criminal history background check, the prints will be retained in the state and FBI automated fingerprint identification systems. If a new arrest matches those prints, a message will be sent to the sheriff via a new web based notification system that the permit holder has been arrested. The sheriff can then research to see if the arrest is prohibitory. If so, the sheriff can revoke the concealed carry permit immediately. Currently, if the arresting agency does not notice the arrestee has a concealed weapon permit or does not notify the issuing sheriff of the arrest, the issuing sheriff may not know of the arrest for up to 5 years, when the permit is eligible for renewal. CA/NCF