ABSTRACT

State Progress in Record Reporting for Firearm-Related Background Checks: Fugitives from Justice   [open pdf - 2MB]

"Under the Brady Handgun Violence Prevention Act of 1993 (Brady Act), being a fugitive from justice prohibits a person from possessing or purchasing firearms. 'The Code of Federal Regulations' defines a 'fugitive from justice' as any person who has fled from any state to avoid prosecution for a felony or a misdemeanor; or any person who leaves the state to avoid giving testimony in any criminal proceeding. The term also includes any person who knows that misdemeanor or felony charges are pending against such person and who leaves the state of prosecution. Following passage of the Brady Act, the Department of Justice provided guidance for applying this prohibition. Accordingly, individuals with qualifying or prohibiting outstanding warrants in any state or federal database searched as a part of a firearms background check are ineligible to receive firearms from Federal Firearms Licensees (FFLs). […] Given the definition of fugitive from justice-coupled with how the NICS Section and Point-of-Contact5 (POC) states apply the definition to determine a person's eligibility to possess or purchase a firearm- the importance of making warrant information available to databases checked by NICS cannot be overemphasized. This bulletin describes the requirements for entering warrants into databases used by NICS and explains the challenges of entering warrant records into state and national databases. Finally, it describes recent progress made by states in making warrant records more readily available to the NICS."

Author:
Publisher:
Date:
2017-02
Copyright:
Public Domain
Retrieved From:
National Criminal Justice Reference Service: https://www.ncjrs.gov/
Format:
pdf
Media Type:
application/pdf
URL:
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