Sensenbrenner Uncovers Maryland's Refusal to Provide Criminal History Records for FBI Gun Background Checks

10/15/2002

From: Jeff Lungren or Terry Shawn of the House Judiciary Committee, 202-225-2492, http://www.house.gov/judiciary

WASHINGTON, Oct. 15 -- House Judiciary Committee Chairman F. James Sensenbrenner, Jr., (R-Wis.) today released documents showing the State of Maryland refused to provide for almost six months earlier this year criminal records for the National Instant Criminal Background Check System (NICS) that operates the FBI background checks mandated by the Brady Act. This refusal by Maryland -- the only state to do so -- meant the gun background check system run by the FBI did not have the valuable information necessary to prevent criminals from obtaining guns, thereby putting public safety needlessly at risk.

Chairman Sensenbrenner today asked the General Accounting Office (GAO) to investigate how Maryland has spent the $6.7 million it has received from the federal government's National Instant Criminal History Improvement Program (NCHIP) since 1995 to improve the criminal history records of states.

"I am deeply concerned about Maryland's refusal to assist the FBI with these NICS checks. In a March 12, 2002 letter to the FBI, the Maryland State Archives informed the FBI that 'we can no longer provide the research and assistance your program requires without reimbursement for the work,'" Chairman Sensenbrenner said.

"The letter indicated that the annual cost of providing this research to support NICS would amount to about $45,000 annually. It was not until August 27, 2002, that the Maryland Department of Public Safety affirmed its commitment to NICS. Then, on October 3, 2002, the Maryland Archives informed the FBI that it will provide NICS research assistance so long as NCHIP funding is available, thereby leaving the door open to again discontinue cooperation. It is outrageous that Maryland would let almost six months go by without assisting the FBI with these critical NICS checks.

"The Federal government spends about $60 million annually on NICS and has spent over $350 million since 1995 on NCHIP. Maryland has received over $6.7 million from NCHIP to improve its criminal history records. Are we are to believe Maryland could not find $45,000 to assist with NICS checks? Maryland's short-sighted policy made it the weak link the NICS system. Maryland's policy endangered lives and threatened public safety.

"Maryland's failure affects every state because a Maryland felon might, for example, try to illegally buy a gun in Virginia. If the Maryland State Archives refuses to search its criminal history records, Maryland felons can purchase guns that they are otherwise prohibited from purchasing. It is my understanding that the State of Maryland is the only state to refuse to assist the FBI with its NICS checks. Maryland is apparently now providing that assistance but only if federal funding is available. This is not tolerable given the amount of NCHIP and other federal criminal justice assistance provided to Maryland.

"As the point person for criminal justice matters, I expect the Lt. Governor of Maryland to fully cooperate with the General Accounting Office investigation that I am requesting today in which the GAO will completely audit Maryland's use of NCHIP funding."