Steven Mace
01-17-2002, 08:46 PM
Thursday, January 17, 2002
Group gives S.C. background checks low grade
By Elaine Gaston
The SUN NEWS
South Carolina received a near-failing grade Wednesday for its system of background checks that let 305 felons and others illegally buy firearms during a 30-month period, according to a report by a gun control advocacy group.
But one of South Carolina's top law enforcement officers said the report is false and defended the state's procedure of doing background checks on gun buyers.
In its report, the Americans for Gun Safety Foundation gave South Carolina a D+ and failed 22 other states, saying most states rely on outdated records and computer technology for background checks, allowing thousands of felons to buy guns with little trouble.
"The dirty little secret is that the records for South Carolina and almost every state are in terrible shape, and our front-line defense necessary to keep guns out of the hands of criminals is full of holes," said Jim Kessler, director of the Washington-based foundation, which calls itself a nonpartisan group that supports better gun laws and better enforcement of existing laws.
S.C. Attorney General Charlie Condon disputed the group's findings and questioned its motivation.
"It's false information," Condon said. "I think we're doing a good job in terms of checking people appropriately. ... We don't need gun control, we need criminal control."
Each state compiles felony conviction, mental disability and domestic violence records for use by the FBI's National Instant Criminal Background Check System.
Wednesday's report says 9,976 prohibited buyers throughout the nation and 305 in South Carolina were able to buy a gun between December 1998 and June 2001 because of faulty records. South Carolina has automated 68 percent of its felony records and does not automate any records of those who have been involuntarily institutionalized in mental health facilities, the report stated.
Condon said the state has long had a computerized system for doing background checks and defended the system's effectiveness.
"They may not have talked to our state officials about what we're doing," Condon said. "We have 30,000 concealed weapons permit holders, and I think we've had only 10 or 15 problems with all those citizens."
Since records in many states haven't been entered into a database, finding them can take several days, long after the three-day waiting period and initial background check that clears the way for firearms purchases, the report said.
If problems are found after the three-day period, law enforcement officials still can retrieve the gun from the buyer.
"If they still were caught, that indicates that the system is working," Condon said.
Under federal law, if the state or federal government cannot complete a background check within three business days, gun dealers must sell a firearm to the customer.
"That's left up to the dealer to make that determination," said Ted Gragg, chief executive and part owner of the Myrtle Beach Indoor Shooting Range on U.S. 17 Bypass, which also sells firearms. "If we have any reservations, we deny the sale."
Gragg said he believes South Carolina has an adequate background check system.
"We have to call in every gun we sell," Gragg said. "South Carolina was using electronic reporting long before the background check was ever put in place."
Background checks to see whether prospective gun buyers have criminal records have been required since February 1994 under the Brady Act. Horry County Police Chief Paul Goward said establishing an effective system is difficult, and even the strictest of regulations can't always keep guns out of the hands of illegal buyers. "From a law enforcement perspective, it's concerning to me that with or without registration or waiting requirements, firearms are far too accessible to people who have an inclination to use them for criminal purposes," Goward said. "The whole issue of ineffectiveness of the system is yet another indication of the difficulty in resolving what's clearly a response of government as opposed to the citizens in this matter."
Myrtle Beach police Chief Warren Gall said breakdowns are inevitable when systems rely on inputting of data.
"You're dealing with technology and human error," Gall said. "There are going to be problems in both applications. I don't know how you can tighten the process. I don't know if it's not so much the keeper of the records at the state agency as it is the responsibility of people entering the records."
The advocacy group suggests: States should institute a "don't know/don't sell" policy to extend the period to complete a background check to reflect the actual time it takes for law enforcement to ensure illegal buyers don't purchase guns. Gun dealers should deny all firearms purchases until a final disposition record is obtained, even if the check exceeds the three-day period required by law.
http://web.thesunnews.com/content/myrtlebeach/2002/01/17/local/C01-2083606.htm
Steve Mace
Group gives S.C. background checks low grade
By Elaine Gaston
The SUN NEWS
South Carolina received a near-failing grade Wednesday for its system of background checks that let 305 felons and others illegally buy firearms during a 30-month period, according to a report by a gun control advocacy group.
But one of South Carolina's top law enforcement officers said the report is false and defended the state's procedure of doing background checks on gun buyers.
In its report, the Americans for Gun Safety Foundation gave South Carolina a D+ and failed 22 other states, saying most states rely on outdated records and computer technology for background checks, allowing thousands of felons to buy guns with little trouble.
"The dirty little secret is that the records for South Carolina and almost every state are in terrible shape, and our front-line defense necessary to keep guns out of the hands of criminals is full of holes," said Jim Kessler, director of the Washington-based foundation, which calls itself a nonpartisan group that supports better gun laws and better enforcement of existing laws.
S.C. Attorney General Charlie Condon disputed the group's findings and questioned its motivation.
"It's false information," Condon said. "I think we're doing a good job in terms of checking people appropriately. ... We don't need gun control, we need criminal control."
Each state compiles felony conviction, mental disability and domestic violence records for use by the FBI's National Instant Criminal Background Check System.
Wednesday's report says 9,976 prohibited buyers throughout the nation and 305 in South Carolina were able to buy a gun between December 1998 and June 2001 because of faulty records. South Carolina has automated 68 percent of its felony records and does not automate any records of those who have been involuntarily institutionalized in mental health facilities, the report stated.
Condon said the state has long had a computerized system for doing background checks and defended the system's effectiveness.
"They may not have talked to our state officials about what we're doing," Condon said. "We have 30,000 concealed weapons permit holders, and I think we've had only 10 or 15 problems with all those citizens."
Since records in many states haven't been entered into a database, finding them can take several days, long after the three-day waiting period and initial background check that clears the way for firearms purchases, the report said.
If problems are found after the three-day period, law enforcement officials still can retrieve the gun from the buyer.
"If they still were caught, that indicates that the system is working," Condon said.
Under federal law, if the state or federal government cannot complete a background check within three business days, gun dealers must sell a firearm to the customer.
"That's left up to the dealer to make that determination," said Ted Gragg, chief executive and part owner of the Myrtle Beach Indoor Shooting Range on U.S. 17 Bypass, which also sells firearms. "If we have any reservations, we deny the sale."
Gragg said he believes South Carolina has an adequate background check system.
"We have to call in every gun we sell," Gragg said. "South Carolina was using electronic reporting long before the background check was ever put in place."
Background checks to see whether prospective gun buyers have criminal records have been required since February 1994 under the Brady Act. Horry County Police Chief Paul Goward said establishing an effective system is difficult, and even the strictest of regulations can't always keep guns out of the hands of illegal buyers. "From a law enforcement perspective, it's concerning to me that with or without registration or waiting requirements, firearms are far too accessible to people who have an inclination to use them for criminal purposes," Goward said. "The whole issue of ineffectiveness of the system is yet another indication of the difficulty in resolving what's clearly a response of government as opposed to the citizens in this matter."
Myrtle Beach police Chief Warren Gall said breakdowns are inevitable when systems rely on inputting of data.
"You're dealing with technology and human error," Gall said. "There are going to be problems in both applications. I don't know how you can tighten the process. I don't know if it's not so much the keeper of the records at the state agency as it is the responsibility of people entering the records."
The advocacy group suggests: States should institute a "don't know/don't sell" policy to extend the period to complete a background check to reflect the actual time it takes for law enforcement to ensure illegal buyers don't purchase guns. Gun dealers should deny all firearms purchases until a final disposition record is obtained, even if the check exceeds the three-day period required by law.
http://web.thesunnews.com/content/myrtlebeach/2002/01/17/local/C01-2083606.htm
Steve Mace