F.B.I. Background Checks and Processes

The FBI Criminal Justice Information Services (CJIS) Division's National Instant Criminal Background Check System (NICS) Section will present a dynamic presentation and learning atmosphere for the exploration of how the NICS has evolved since its inception in November 1998. Join us in this informative and interactive session to gain insight, knowledge, and understanding of the NICS development, enhancements, and improvements in overall efficiency. Learn about the services provided to ensure the timely transfer of firearms to individuals who may legally purchase and possess such guns.

FANNY L. HASLEBACHER, ESQ.
Assistant General Counsel, Access Integrity Unit
F.B.I. Office of The General Counsel

Restoring Second Amendment Rights after Prohibition
Synopsis Forthcoming

Contrary to common belief, and the opinions of many jurists, the legal prohibition on felons possessing firearms is relatively new. Until the twentieth century, few crimes were classed as felonies and those convicted of felonies were usually executed. Especially during the later part of the twentieth century, many more crimes were classified as felonies, and laws came into effect prohibiting felons from possessing firearms. There are federal prohibitions and also numerous state law prohibitions. State prohibitions vary from no prohibition at all, to time-limited prohibitions, to complete prohibitions. The current trend is to continually make statutes more prohibitory.

The 1968 federal Gun Control Act (GCA) prohibition is absolute. This changed with the 1986 Firearms Owners’ Protection Act (FOPA) amendments in two ways: (1) the GCA provided federal administrative relief from disability; (2) the GCA's definitional section allowed state-based relief. However, the federal relief mechanism was shut down in 1992 when funding was discontinued. This resulted in case law, including a split in the federal circuits, culminating in U.S. Supreme Court cases.

However, there are still avenues of obtaining relief from disability. Various state mechanisms for obtaining relief vary from simple to complex administrative procedures. There may also be constitutional and other case law exceptions to the prohibition, including a fundamental right to defend yourself, even for ex-felons.

STEFAN TAHMASSEBI, ESQ.
Deputy General Counsel
National Rifle Association of America